About the Charter Public School Investigation Process
In Washington, charter public schools are part of a multi-level system of accountability and oversight. One part of the Commission’s specific role is ensuring charter public schools adhere to the commitments of their contracts (their charters) and to the myriad of expectations codified in each school’s Performance Framework (learn more about Commission oversight here).
When potential issues arise during routine oversight that indicate the School may have violated its contract or the law, the Commission can initiate a process that evaluates, invites due process from the school, and ultimately issues direction on what must be remedied to maintain compliance with charter public school rules and regulations. This level of oversight is rigorous and goes beyond what is required at traditional public schools. In exchange for greater accountability, charter public schools have additional flexibility to create a learning environment that best fits the needs of its students.
It is not unusual for the Commission to investigate a charter public school, as issues can be addressed and remedied. However, a school that has fallen irreparably short of the commitments of its charter can be closed.
These processes are codified in the Washington Administrative Code 108-40.
General overview of inquiry and corrective action process:
General overview of revocation process:
- Commissioners vote on notice to revoke [this is not revocation – just first step in process].
- If the Commissioners vote to revoke, a Notice to Revoke that includes reasons for revocation and provides the Notice to school is issued.
- School may provide a written response to the Notice within 30 days of notice.
- Commission reviews the Notice to Revoke, school’s Response, and supporting evidence, and issues a Draft Resolution to revoke or not to revoke, along with any conditions if the Commission votes not to revoke.
- School may appeal (“opportunity to respond”) the Draft Resolution within 20 days.
- If school does not request an opportunity to respond, draft resolution becomes final.
- If the school does request an opportunity to respond, the matter goes to a hearing.
- Hearing
- Presiding officer from the hearing issues recommendation within 30 days of hearing.
- Commissioners consider recommendation and all evidence.
- Commissioners vote to revoke or not to revoke, and issue a final decision in form of resolution that states the reasons for the decision.
- Commission submits report of action with the resolution to the State Board and OSPI within 10 days of the resolution.
Frequently Asked Questions:
Q: Can a school under investigation fix problems and continue operating?
A: Yes, the Corrective Action Plan process is designed to help the school get back into compliance.
Q: Why would a school’s contract be revoked?
A: The Commission has the authority to revoke or refuse to renew a school’s contract. Grounds for revocation of a contract include: not complying with the terms and conditions of Washington’s charter school law or other state and federal laws; not complying with the terms of the charter contract; failure to make sufficient progress towards the performance goals stated in the contract; falling in the bottom quartile of Washington schools (unless the school demonstrates it has encountered exceptional circumstances) poor fiscal management of the school, and/or lack of financial viability.
Q: What happens to students if a charter public school contract is revoked, not renewed, or closes for another reason?
A: The School’s Board and the Commission follow an established termination protocol. This includes establishing a transition team, notifying parents of the closure, and assisting parents in the reassignment process.
Q: Who decides if a school is closed or not?
A: The School’s Board may decide to voluntarily close the school. The State Charter School Commissioners may decide whether to revoke a school’s contract. If the Commission decides to revoke a school’s charter contract, a vote by the Commission is required, and there is a separate revocation process.
Q: What do I do if my school is closed? What resources are available to me to minimize disruptions for my student(s)?
A: The School’s Board and the Commission follow an established termination protocol. This includes establishing a transition team, notifying parents of the closure, and assisting parents in the reassignment process.
Q: Can a school that has been closed, be re-opened?
A: Currently, a charter public school that is closed cannot be reopened, because the Charter School Act no longer allows new schools to be authorized.
Q: I’d like to file a complaint about my school, who do I talk to?
A: All charter public schools have their own complaint processes which should be followed first before filing a complaint with the Commission. Please visit your school’s website to access the school complaint process. Students or parents and guardians of charter public school students who have already attempted to file a complaint directly with the school and have not received a resolution or who are unsatisfied with the resolution, may file a complaint with the Commission here.
Q: My student attends a traditional public school. What is the process to handle complaints/concerns at my school?
A: All schools have their own complaint processes which should be followed. Please visit your school’s website and/or your school district’s website for more information.
Glossary:
Inquiry/Investigation: The process the Commission uses to gather information when potential issues arise that indicate the school may have violated its contract or the law. Inquiries/investigations may include access to facilities, data, information, and staff in the manner and time frame requested by the Commission.
Charter Contract: A voluntary agreement between a charter public school’s Board and the State Charter School Commissioners. The contract is enforceable by law as a binding agreement. The School Board is a party to the contract. All contracts are posted on the Commission’s website.
Notice of Perceived Problem: The notice the Commission sends to the School Board when the Commission has reason to believe that a charter school’s performance or legal compliance is unsatisfactory. The school must respond in writing to the perceived problem. The Commission will consider the response and other evidence and information available and determine whether to take corrective action and/or impose sanctions as necessary.
Corrective Action: If the Commission finds deficiencies in a charter public school’s performance or legal compliance, the Commission requires the school to develop and comply with an approved Corrective Action Plan (CAP). The goal of corrective action is to help the school get back into compliance. The CAP must identify the date by which the deficiency will be corrected, how it will be corrected, measures to prevent future deficiencies, how the CAP will be monitored, and the person(s) responsible for monitoring and sustaining change. Not complying with or satisfying the CAP is considered grounds for revocation of the contract.
Sanctions: Sanctions (including probation) require a vote by the Commission. Sanctions may be imposed along with a CAP, or separately.
Revocation: Revocation is the termination of the charter contract based. There is a separate process for revocation. The Commission must vote to revoke.