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This information is provided by the Public Education Department, and is subject to change.
General Information:
What are charter schools?
Who can open a charter school?
Who approves charter schools?
What options are available for schools that want to become charter schools?
What is the length of a school's charter?
Is there a limit on the number of charter schools that can be opened in a district or a year?
How long should the application conceptual design process take?
How often should I be in contact with the district?
Are charter schools a part of a district or their own district?
Who is ultimately responsible for the charter school?
Who do I contact at the Public Education Department?
Who else can I contact for assistance?
Is there state funding for planning?
When are charter schools eligible for state funding?
How do charter schools get funded?
Are charter schools eligible for federal funds?
How is the charter school managed?
Do charter schools have to be accredited?
How are charter schools held accountable?
Can a charter school restrict enrollment?
Can a charter school limit the number of students they accept?
What types of teachers work at charter schools?
What if charter schools do not increase student achievement?
Do charter schools have to provide transportation?
Can charter schools serve only certain populations?
Do charter schools have to provide special education services?
Who hires the staff?
Do charter schools have to be in public buildings?
Are there any exceptions to the public building requirement?
What about charter schools that are approved or renewed before July 1, 2010?
Application Process:
Do I have to notify the school district when I am applying for a charter school?
Can a charter school applicant hire an outside consultant to assist in the writing of the charter?
Is technical assistance available for a charter school applicant?
Are there any funds available from the State during the charter school application process?
What funds does a charter school receive when the charter school application is approved?
Funding:
When does the charter school receive state funds?
How are state funds determined?
Enrollment/Lottery:
Can a charter school serve home school students?
Can a charter school accept students into grades not listed in their charter or before the grades are to be added?
Can a charter school place a deadline on parents for re-enrolling students each year?
Does a charter school have to provide the names of its students to the local school district?
Is there a specific process that must be followed for the lottery?
Charter School Length:
How long is a charter approved for?
When a charter is approved, when can it open?
Can you add a grade at any time to your charter or do you have to amend the charter?
Governance:
Is the Governance Council the same as the Local School Board?
Does the Governance Council run the charter school?
To whom is the Governance council and the charter school accountable?
Can a governance council of a charter school incorporate?
Personnel:
Will the changes in HB 212 regarding who hires and terminates staff affect charter schools?
Are the charter schools required to follow the new licensure requirements?
Can all charter school personnel be contract employees rather than employees of the charter school?
Facility:
Is a charter school applicant required to have a facility in place as part of their application?
Can State Stimulus Funds be used for renovating or remodeling a privately owned facility?
Is a school district that has a building required to provide that building to the charter school?
Can the Public Education Department intervene on behalf of the charter school to obtain a district facility?
Does a charter school have access to any district capital outlay funds?
Can a charter school request a State Legislator to carry a "pork" bill for them for funds for capital outlay?
Federal and State Laws:
Can charter school students participate in district extracurricular activities?
Will No Child Left Behind (NCLB) affect charter schools?
Are students in a charter school required to participate in the statewide mandated testing (accountability system) program?
Do charter schools have to produce a School Report Card?
Are charter schools eligible for other Federal funds?
Is a charter school accredited?
General Information:
What are charter schools?
Charter schools are tuition- free public schools
open to all students. Often founded by
educators and community leaders, they operate in a semi-autonomous manner from local
school districts and in ways very different from conventional public schools.
Who can open a charter school?
A charter school can be opened by one or more
parents, teachers, community members or a non-profit organization.
Who approves charter schools?
In NM, charter schools may be approved by either
the local school district board of education or the NM Public Education
Commission.
What options are available for schools that want to become charter schools?
An existing public school that is in
Restructuring II, under the federal No Child Left Behind (NCLB) Act, may
convert to a charter school.
What is the length of a school's charter?
The initial charter given to a charter school
can be for six years, as long as the first year is used as a planning year.
Otherwise the initial approval is for five years. Charter renewals are for a
five-year period.
Is there a limit on the number of charter schools that can be opened in a district or a year?
Charter School Legislation (Senate Bill 600) states that up to 15
start-up schools can be opened each year for a maximum of 75 start-up schools
in any five year period. In school districts
with less than 1,000 students, a charter school may only enroll 10% or less of
all students residing in the district.
How long should the application conceptual design process take?
To render the highest quality charter
application, the Coalition recommends that at least 8-12 months be spent on the
design of your charter school. Frequently, much longer is needed in order to
build consensus among your founding members and develop a relationship with
your other key stakeholders.
How often should I be in contact with the district?
You are encouraged to be in contact with your
local school district/superintendent frequently, especially if you plan to
charter through the local school board.
Are charter schools a part of a district or their own district?
In New
Mexico, locally-chartered charter schools are considered
part of the school district in which they open.
State-chartered charter schools are considered an LEA, but with some
limitations.
Who is ultimately responsible for the charter school?
The governing body of the charter school is held
responsible for all aspects of the school. In addition, the authorizer has some
responsibility to assure compliance with applicable laws and regulations.
Who do I contact at the Public Education Department?
Dr. Don Duran, Assistant Secretary, Charter
Schools Division, NM Public Education Department, (505) 222-4765.
Who else can I contact for assistance?
The staff of the New Mexico Coalition for Pubic Charter
Schools is also available to provide technical assistance to charter school
applicants at (505) 842-8203 or info@ nmccs.org.
Is there state funding for planning?
No.
When are charter schools eligible for state funding?
Charter schools are eligible for state funding
upon approval by the authorizer. The charter school can apply one-time only for
state stimulus funds upon approval. The charter school must submit a
competitive application to apply for these funds. These funds have specific
uses and if the charter school does not open within 18 months of receiving
these funds, the school must repay the PED.
The charter school becomes eligible to receive Operational/State Equalization
Guarantee (SEG) monies beginning on July 1st, of the year in which
the school opens. These funds are based upon the number of students who are
enrolled in the charter school.
How do charter schools get funded?
Charter schools are funded in the same as any other
public school. The students who attend the school generate State Equalization
Guarantee (SEG) funds at the current unit value, less 2% which goes to the
authorizer for administrative fees. However, if a charter school has more than
one site all sites are considered as one charter school for funding purposes. Most charter schools do not receive an
equitable share of local taxpayer funds for facility needs.
Are charter schools eligible for federal funds?
Yes. As public schools, charter schools are
eligible for the federal funds for which their students qualify. The charter
school must apply for these federal funds through their sponsoring district or
directly, if they are chartered through the state.
How is the charter school managed?
The charter school has a Governance Council made
up of parents, teachers, and community members that develop and adopt policies
and make decisions about the management of the school. A member of one
governance council cannot be a member of another governance council.
Do charter schools have to be accredited?
Yes. Charter schools, like all public schools,
are accredited by the Secretary of Education.
How are charter schools held accountable?
Charter schools have several different layers of
accountability. Charter schools are first and foremost accountable to the
students, parents and community they serve. They are also accountable to their
authorizer for ensuring compliance with applicable rules, laws and charter
provisions. Finally, they are accountable to tax payers as a public
school. They participate in
state-mandated testing, must employ licensed teachers, principals and business
managers and participate in the yearly School Report Card.
Can a charter school restrict enrollment?
No. Every student has equal opportunity to
enroll in the charter school.
Can a charter school limit the number of students they accept?
Enrolment is on a first come, first served basis
or through a lottery up to the number of students specified in their charter
(if more students apply then there is room). Students over and above the maximum
student number re put on a waiting list.
What types of teachers work at charter schools?
Although the charter school can hire its own
employees, these employees must meet the requirements of the School Personnel
Act. All teachers working at a charter school must hold appropriate licenses
and certifications and be highly-qualified pursuant to NCLB.
What if charter schools do not increase student achievement?
If charter schools do not show increased student
achievement within the five years of their charter, the authorizer may not
renew a school’s charter.
Do charter schools have to provide transportation?
According to the law, the charter school shall negotiate
with the local school district for transportation services. However, there is
no requirement for charter schools to provide transportation to their students,
except as indicated in a special education Individualized Education Program
(IEP).
Can charter schools serve only certain populations?
No. As public schools, charter schools are open
to all students who may choose to attend.
Charter schools are mission-driven schools, and each one offers a unique
program and approach, so be sure to visit the charter school to make sure it is
the best school for your child.
Do charter schools have to provide special education services?
Yes. As public schools, charter schools must provide a free
and appropriate education to all students, including those with special needs.
Who hires the staff?
The charter school principal is responsible for
hiring all staff. The staff hiring
process and criteria for employment is specified in the charter.
Do charter schools have to be in public buildings?
Charter schools have to be in public buildings
by July 1, 2010. A public building includes district buildings, city, state,
federal, or tribal buildings also. The charter school is not required to accept
a public building if available if it does not meet the programmatic needs of
its charter.
Are there any exceptions to the public building requirement?
Yes. If there are no public buildings available
within the district, then the charter can remain in a privately owned building
under two conditions: (1) the building's owner is willing to maintain the
building according to E (educational adequacy) standards at no cost to the
district or school; or (2) the building is owned by a non-profit that is also willing
to maintain the building to standards at no additional cost to the district or
charter.
What about charter schools that are approved or renewed before July 1, 2010?
Beginning in July 1, 2005, all charter schools newly approved or renewed have to meet E (educational adequacy) standards and be working towards getting into a public building by July 1, 2010.
Application Process:
Do I have to notify the school district when I am applying for a charter school?
Yes. All applicants are required to file a Letter
of Intent on or before January 2 of the year they intend to submit a charter
application. The Letter of Intent must
be sent to both the Public Education Commission and the local school district where
the charter school may be located.
Can a charter school applicant hire an outside consultant to assist in the writing of the charter?
Yes. A charter school applicant can hire an
outside consultant to assist them in writing the charter school application. It
is important, however, for the charter applicant to understand that the
consultant must be familiar with all the New
Mexico law and regulation requirements for writing a
comprehensive charter application. Ignorance of the law and the requirements may
prevent the application from being
denied. All applicants must utilize the approved PED application, found on the
New Mexico PED website.
Is technical assistance available for a charter school applicant?
Yes. Staff from the Coalition for Charter
Schools is available to provide technical assistance and answer questions
relative to the application process. The staff can also provide examples of
approved charter applications and assistance on some of the documentation
required.
Are there any funds available from the State during the charter school application process?
No. A charter school applicant is not eligible
for any State or Federal charter school funds until the charter application is
approved.
What funds does a charter school receive when the charter school application is approved?
An applicant with an approved charter school
application is eligible for both State Stimulus funds and Federal charter
school grant funds prior to the school opening. The Public Education
Department, Charter Schools Bureau will provide information and applications to
the charter applicant upon receipt of documentation from the district that the
charter application was approved by the local school board.
Funding:
When does the charter school receive State funds?
An approved charter school will not receive
state funds until the year in which the school opens. If the school is
scheduled to open in July/August of a particular year, then the school will
begin to receive funds for the number of students projected in July of that
same year.
How are state funds determined?
In the initial year of a charter school, the state funds are
based upon a projected number of students that the charter school plans to
enroll (current year funds). Once the school opens and the number of students
enrolled is finalized on the school's 40th day, the budget is adjusted either
up or down to reflect actual numbers.
In subsequent years, the charter school is funded on the average of its 40th,
80th and 120th day of student membership for the grades that they
had the previous year and the projected number of students for the grades that
they will add each year (only if they add a new grade, not if they increase the
number of students that are enrolling in a grade that the school had the
previous year).
Enrollment/Lottery:
Can a charter school serve home school students?
No. Home school students can not remain home
school students and complete the work from a charter school. The home school
students must enroll in the public charter school and attend the required
amount of time in order for the school to be funded for those students.
Can a charter school accept students into grades not listed in their charter or before the grades are to be added?
No. The charter school application is a contract
between the authorizer and the charter school. If a charter school wants to add
grades not listed in the original charter application or add students to grades
before they are stated to be added, the charter school must amend their
application and get approval from its authorizer.
Can a charter school place a deadline on parents for re-enrolling students each year?
No. Once a child is admitted to the charter
school and attends the charter school, the school cannot place a deadline on
parents who want to re-enroll their child for the next school year, so that the
charter school can admit new students.
Does a charter school have to provide the names of its students to the local school district?
Yes. The names of the students that enroll in a charter school is public information and has to be provided to the school district, so that they can make plans for the coming year and the loss of students/funding to the district.
Is there a specific process that must be followed for the lottery?
Yes. The charter school must provide ample
notification of when names can be submitted for the lottery process. If a
parent submits a name of a student for the lottery there is no guarantee that
the students will be accepted. All names submitted for a lottery are given a
corresponding number and placed in a container. At the end of any enrollment
period, the numbers are drawn from the container and matched to the names of
the students. These students are then accepted into the school in the
appropriate grade level (a charter school can limit enrollment by grade ONLY).
Once the grade is full all other names go onto a waiting list. Names are pulled
off the waiting list as openings at a particular grade occur. Once students get
onto the waiting list they remain on that waiting list until their name is selected.
The students on the waiting list do not go back into the lottery each time it
is conducted.
Once a student is admitted through the lottery process they are considered
enrolled in that school for every year they remain in attendance at that school.
Beginning in the second year of operation, siblings of students already
enrolled and currently attending the charter school are given preference for
enrolling without going through the lottery.
State law prohibits other enrollment preferences, including children of
founders, governance council members, or teachers.
Charter School Length:
How long is a charter approved for?
Authorizers have the ability to approve a
charter for six years, as long as the first year is used as a planning year by
the charter school.
When a charter is approved, when can it open?
The deadline to submit charter applications is July
1 of the year prior to its opening. So if you apply for a charter by July 1,
2009 (for example), you can open your school as early as July 2010.
Can you add a grade at any time to your charter or do you have to amend the charter?
In your initial charter school application, you
should indicate all the grades that the school will have regardless of when the
grades are added. A charter school can state that it will be a K-6 charter
school or a 6-12 charter school and add one or more grades per year until it
hits its maximum grades.
If you do not include the number of grades in your initial charter application
and want to add more grades after your charter has been approved, you will have
to amend your charter and go back to the district for that approval. Adding
grades to a charter school will impact the sponsoring district financially,
and does need to have the district's approval.
Governance:
Is the Governance Council the same as the Local School Board?
No. There is only one local school board in the
school district. The governance council of a charter school is not the same as
the local school board, and is not elected in the same manner. The governance
council sets policy, approves the budget, and monitors eh progress the charter
school makes towards attaining the performance goals outlined in the approved
charter application. The governance council of the charter school is
accountable to the school community it serves, the school’s authorizer and the
Public Education Department.
Does the Governance Council run the charter school?
No. The governance council delegates the daily
operations of the charter school to the principal. Governance council members must
take care to not micro-manage the school.
To whom is the Governance council and the charter school accountable?
The governance council and the charter school director/principal etc. are accountable to the school district superintendent. The school district superintendent is the representative of the local school board and is the person that the charter school must maintain contact with in regards to providing information and updates to the local school board.
Can a governance council of a charter school incorporate?
No. Article IX, Section 14 of the New Mexico Constitution
essentially prohibits the use of public funds by a public body unless made
pursuant to a budget prepared and approved according to state law. A charter
school is a public school existing within a public school district (NMSA 1978,
section 22-8B-2). Moreover, Article XII, Section 3 of the State Constitution
provides that public schools must stay under the exclusive control of the state
and that educational funds cannot be used for, among other things, a private
school. The Public Education Department takes the position that a charter
school that incorporates is essentially a private school.
In addition, if a charter school organizes a separate “friends of the charter
school” as a 501 © 3 not-for-profit organization, this non-profit must be
separate from the charter schools. Funds raised by the non-profit can be given
to the school but cannot have any requirements attached to it. The president or
board member of the school’s non-profit has no authority over the charter
school and no charter school staff member should be a board member of the
“friends group”.
Personnel:
Will the changes in HB 212 regarding who hires and terminates staff affect charter schools?
No. The charter application must include information regarding who hires and fires staff (e.g. the Governance Council or the administrator). If it is not specified in the4 application, then the Governance Council of the charter school retains the ability to hire and terminate staff at the charter school. The school administrator/CEO/leader will continue to make recommendations to the Governance Council on the hiring or termination/non-renewal of a contract.
Are the charter schools required to follow the new licensure requirements?
Yes. As a public school, a charter school faculty
is required to meet the same licensure requirements as staff in any other public
school.
Can all charter school personnel be contract employees rather than employees of the charter school?
No. The charter school must hire teaching staff
as employees of the school utilizing the School Personnel Contract form. Other
staff can be contractual employees.
Facility:
Is a charter school applicant required to have a facility in place as part of their application?
No. But
the applicant should address in general terms plans for what type of facility will
be needed to meet the proposed education program of the charter. The plan should include ideas about possible
sites, cost estimates for the remodeling or renovation of the site or a
phase-in plan for construction. The charter application must include a
statement that the building will meet E (educational occupancy) standards
including all the fire, safety, health and construction codes and have a
Certificate of Occupancy for use as a public school, prior to opening.
A lease for a facility is not required in the
charter application, because the charter school does not exist without formal
approval by the authorizer.
Can State Stimulus Funds be used for renovating or remodeling a privately owned facility?
No. State money cannot be used to renovate or
remodel a privately-owned facility (anti-donation clause of the State
Constitution). The State Stimulus funds can be used to pay for a lease, if the
owner of the building makes the changes and folds the cost into the lease of
the building.
Is a school district that has a building required to provide that building to the charter school?
Yes. The school district shall provide a charter school
with available facilities unless the facilities are currently being used for
other educational purposes ( i.e. health clinics, daycare centers, teacher
training centers, school district administrative functions and other ancillary
services related to the school district's functions).
Can the Public Education Department intervene on behalf of the charter school to obtain a district facility?
No. The Public Education Department has no
jurisdiction over the local school district in regards to the local school
district providing the charter school with a facility. All facility issues are
between the local school district and the charter school.
Does a charter school have access to any district capital outlay funds?
Yes. The charter school can request capital
outlay funds in its application, but does not have access to school district
capital outlay funds if the charter school will be located in a privately owned
facility. The charter school can negotiate with the district for access to
these funds. A charter school can request to receive their share of its district's
SB 9 or HB 33 funds.
Can a charter school request a State Legislator to carry a "pork" bill for them for funds for capital outlay?
Yes. A charter school can approach a state
legislator and request that they carry a bill for them to obtain funds for
capital expenditures; however, if the funds are awarded to the charter schools,
the district must accept these funds for the charter school.
Federal and State Laws:
Can charter school students participate in district extracurricular activities
Yes. Senate Bill 789 states that charter school
students can participate in extracurricular activities at the school where they
live if they meet eligibility requirements with the exception of enrollment.
Does the No Child Left Behind (NCLB) apply to charter schools?
Yes. Charter schools are required to follow the
requirements of NCLB the same as any other public school.
Are students in a charter school required to participate in the statewide mandated testing (accountability system) program?
Yes. All students who attend charter schools
must participate in the statewide mandated testing. The criteria under the
State's Accountability Plan will apply to all charter schools relative to
rating, Adequate Yearly Progress (AYP), and classification of schools.
Do charter schools have to produce a School Report Card?
Yes. Charter schools like all public schools
must produce and publish a School Report Card. With the exception of the first
year of operation of the charter school, the charter school will produce a
School Report Card. The School Report Card provides data in five areas
(standardized test results, attendance, drop out, school safety, and
parent/community involvement) for the previous year of the school's existence.
The School Report Card is due by November 15th of each year. The School Report
Card is provided to the parents of the charter school students, the Public
Education Department, the local school board and the newspaper.
Are charter schools eligible for other Federal funds?
Yes. Needs of charter school students must be
included in the school district's application for all other federal funds for
which the charter school has eligible students. The charter school must meet
the same requirements for accessing federal funds as all other schools/students
in the district. The charter school is only eligible for federal funds for
students in their school that meet certain federal requirements for those
funds. A school district cannot say that a charter school is not eligible for
federal funds because they did not exist in the previous year when the
application was completed. The district has to provide either funds or services
to the charter school in the same manner as it does for its other schools.
Is a charter school accredited?
Yes. A charter school is covered under the
accreditation status of its sponsoring district upon approval of its charter.
For the first two years of operation a charter school receives "new
school" accreditation status, as long as it meets all the statutory
requirements. At the end of the charter school's second year, the school is
rated and its accreditation status depends upon its particular rating.
Accreditation rating is for one year and is renewable each year the same as any
other public school.
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