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HomeMy WebLinkAboutRes 06-18 WA Approving Charter School Open Enrollment Model Policies WESTLAKE ACADEMY RESOLUTION NO. 06-18 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY APPROVING THE OPEN-ENROLLMENT CHARTER SCHOOLS POLICIES AND PROCEDURES AS REQUIRED BY FEDERAL REGULATION §300.201. WHEREAS, the Board of Trustees is governed by certain Open-Enrollment Charter Schools Policies and Procedures; and WHEREAS, Pursuant to 34 Code of Federal Regulations §300,201, each Open- Enrollment Charter School must have on file with the Texas Education Agency its policies, procedures and programs that are consistent with State policies and procedures governing authorities, standards, organization and special education. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY: SECTION 1: That the Board of Trustees of Westlake Academy does hereby approve for filing with the Texas Education Agency the Open-Enrollment Charter Schools Policies and Procedures, attached as Exhibit"A". SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 13th DAY OF NOVEMBER, 2006. Gi ATTEST: Scott Bradle , President Ginger , Acting Secretary arbara L. Brizue a, Head of School APPROVER O anton Lo , Att EXH I BIT A MODEL POLICIES FOR OPEN-ENROLLMENT CHARTER SCHOOLS (AS REQUIRED BY 20 U.S.C. §1413(A)(1)) INTRODUCTION To further promote local initiative, the 1995 revision of the Texas Education Code (TEC) established a new type of public school, known as a charter school. Charter schools are subject to fewer state laws than other public schools with the idea of ensuring fiscal and academic accountability without undue regulation of instructional methods or pedagogical innovation. Like school districts, charter schools are monitored and accredited under the statewide testing and accountability system. According to the TEC, the purposes of charter schools are to (1) improve student learning; (2) increase the choice of learning opportunities within the public school system; (3) create professional opportunities that will attract new teachers to the public school system; (4) establish a new form of accountability for public schools; and (5) encourage different and innovative learning methods. Westlake Academy, assures that it has policies and procedures in place that ensure implementation of the Individuals with Disabilities Education Act 2004 (IDEA) and all federal regulations, Texas laws, State Board of Education (SBOE) rules, and commissioner's rules concerning students with disabilities receiving special education services, including those related to the areas listed below, and further assures that any future amendments to the regulations, laws, and rules will be incorporated into policies and procedures and implemented by the charter school. Westlake Academy adopts as policy the definitions and provisions under State and Federal law concerning Open-Enrollment Charter School authority and responsibility, including: DEFINITIONS (20 U.S.C. §§1401(6), 1401(27); TEC §12.1012) With respect to federal and State laws concerning children with disabilities: (1) The term 'elementary school' means a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education, as determined under State law. (2) The term 'secondary school' means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12. LF PERSONNEL STANDARDS Policy LF PERSON 1 Date Adopted by Governing Body: Date Revised: 10/10/06 In addition, in this policy: (1) "Charter holder" means the entity to which a charter is granted under this subchapter. (2) "Governing body of a charter holder" means the board of directors, board of trustees, or other governing body of a charter holder. (3) "Governing body of an open-enrollment charter school" means the board of directors, board of trustees, or other governing body of an open-enrollment charter school. The term includes the governing body of a charter holder if that body acts as the governing body of the open-enrollment charter school. (4) "Management company" means a person, other than a charter holder, who provides management services for an open-enrollment charter school. (5) "Management services" means services related to the management or operation of an open-enrollment charter school, including; (A) Planning, operating, supervising, and evaluating the school's educational programs, services, and facilities; (B) Making recommendations to the governing body of the school relating to the selection of school personnel; (C) Managing the school's day-to-day operations as its administrative manager; (D) Preparing and submitting to the governing body of the school a proposed budget; (E) Recommending policies to be adopted by the governing body of the school, developing appropriate procedures to implement policies adopted by the governing body of the school, and overseeing the implementation of adopted policies; and (F) Providing leadership for the attainment of student performance at the school based on the indicators adopted under TEC 39.051 or by the governing body of the school. (6) "Officer of an open-enrollment charter school" means: (A) The principal, director, or other chief operating officer of an open- enrollment charter school; (B) An assistant principal or assistant director of an open-enrollment charter school; or (C) A person charged with managing the finances of an open-enrollment charter school. AUTHORITY (TEC §12.102) An open-enrollment charter school: (1) Shall provide instruction to students at one or more elementary or secondary grade levels as provided by the charter; (2) Is governed under the governing structure described by the charter; (3) Retains authority to operate under the charter contingent on satisfactory student performance as provided by the charter in accordance with TEC 12.111; and (4) Does not have authority to impose taxes. LF PERSONNEL STANDARDS Policy LF PERSON 2 Date Adopted by Governing Body: Date Revised; 10/10/06 GENERAL APPLICABILITY OF LAWS, RULES, AND ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL (TEC §12.103) Except as provided below, an open-enrollment charter school is subject to federal and state laws and rules governing public schools and to municipal zoning ordinances governing public schools. An open-enrollment charter school is subject to the TEC and rules adopted under the TEC only to the extent the applicability to an open-enrollment charter school of a provision of TEC or a rule adopted under TEC is specifically provided. A campus of an open-enrollment charter school located in whole or in part in a municipality with a population of 20,000 or less is not subject to a municipal zoning ordinance governing public schools. IMMUNITY FROM LIABILITY (TEC §12.1056) In matters related to operation of an open-enrollment charter school, an open- enrollment charter school is immune from liability to the same extent as a school district, and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers. A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability to the same extent as a school district trustee. CONTENT OF AN OPEN-ENROLLMENT CHARTER (TEC §12.111) Each charter granted under this subchapter must: (1) Describe the educational program to be offered, which must include the required curriculum as provided by TEC §28.002 (relating to required curriculum); (2) Specify the period for which the charter or any charter renewal is valid; (3) Provide that continuation or renewal of the charter is contingent on acceptable student performance on assessment instruments adopted under Subchapter B, Chapter 39 of the TEC (relating to assessment of academic skills), and on compliance with any accountability provision specified by the charter, by a deadline or at intervals specified by the charter; (4) Establish the level of student performance that is considered acceptable for purposes of (3) above; (5) Specify any basis, in addition to a basis specified by this subchapter, on which the charter may be placed on probation or revoked or on which renewal of the charter may be denied (6) Prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the LF PERSONNEL STANDARDS Policy LF PERSON 3 Date Adopted by Governing Body: Date Revised: 10/10/06 district the child would otherwise attend in accordance with this code, although the charter may: (A) Provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37 of the TEC (relating to alternative settings for behavior management); and (B) Provide for an admission policy that requires a student to demonstrate artistic ability if the school specializes in performing arts; (7) Specify the grade levels to be offered; (8) Describe the governing structure of the program, including: (A) The officer positions designated; (B) The manner in which officers are selected and removed from office; (C) The manner in which members of the governing body of the school are selected and removed from office; (D) The manner in which vacancies on that governing body are filled; (E) The term for which members of that governing body serve; and (F) Whether the terms are to be staggered; (9) Specify the powers or duties of the governing body of the school that the governing body may delegate to an officer; (10) Specify the manner in which the school will distribute to parents information related to the qualifications of each professional employee of the program, including any professional or educational degree held by each employee, a statement of any certification under Subchapter B, Chapter 21, held by each employee, and any relevant experience of each employee; (11) Describe the process by which the person providing the program will adopt an annual budget; (12) Describe the manner in which an annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the person providing the program will provide information necessary for the school district in which the program is located to participate, as required by this code or by State Board of Education rule, in the Public Education Information Management System (PEIMS); (13) Describe the facilities to be used; (14) Describe the geographical area served by the program; and (15) Specify any type of enrollment criteria to be used. A charter holder of an open-enrollment charter school shall consider including in the school's charter a requirement that the school develop and administer personal graduation plans under TEC §28.0212 (personal graduation plan). REVISION OF CHARTER (TEC §12.114) A revision of a charter of an open-enrollment charter school may be made only with the approval of the commissioner. Not more than once each year, an open-enrollment charter school may request approval to revise the maximum student enrollment described by the school's charter. LF PERSONNEL STANDARDS Policy LF PERSON 4 Date Adopted by Governing Body: Date Revised: 10/10/06 GOVERNING BODY OF AN OPEN ENROLLMENT CHARTER SCHOOL The governing body of an open-enrollment charter school is responsible for the management, operation, and accountability of the school, regardless of whether the governing body delegates the governing body's powers and duties to another person (TEC §12.121). The governing body of Westlake Academy, the Westlake Academy Board of Trustees, agrees to comply with the requirements of the IDEA 2004 and all federal regulations, Texas laws, State Board of Education (SB©E) rules, and commissioner's rules concerning students with disabilities receiving special education services. Westlake Academy adopts as policy the provisions under State law concerning the authority and responsibility of the governing body, including: BYLAWS AND ANNUAL REPORT (TEC §12.119) A charter holder shall file with the State Board of Education a copy of its articles of incorporation and bylaws, or comparable documents if the charter holder does not have articles of incorporation or bylaws, within the period and in the manner prescribed by the board. Each year within the period and in a form prescribed by the State Board of Education, each open-enrollment charter school shall file with the board the following information: (1) The name, address, and telephone number of each officer and member of the governing body of the open-enrollment charter school; and (2) The amount of annual compensation the open-enrollment charter school pays to each officer and member of the governing body. On request, the State Board of Education shall provide the information required by this section and TEC 12.111(8) (content of a charter) to a member of the public. The board may charge a reasonable fee to cover the board's cost in providing the information. RESPONSIBILITY FOR OPEN-ENROLLMENT CHARTER SCHOOL (TEC §12.121) The governing body of an open-enrollment charter school is responsible for the management, operation, and accountability of the school, regardless of whether the governing body delegates the governing body's powers and duties to another person. LF GOVERNING BODY OF AN OPEN ENROLLMENT Policy LF GOVERN 1 Date Adopted by Governing Body: Date Revised: 11/01/06 LIABILITY OF MEMBERS OF GOVERNING BODY OF OPEN- ENROLLMENT CHARTER SCHOOL (TEC §12.122) Notwithstanding the Texas Non-Profit Corporation Act (Article 1396-1,01 et seq., Vernon's Texas Civil Statutes) or other law, on request of the commissioner, the attorney general may bring suit against a member of the governing body of an open- enrollment charter school for breach of a fiduciary duty by the member, including misapplication of public funds. The attorney general may bring suit under for: (1) Damages; (2) Injunctive relief; or (3) Any other equitable remedy determined to be appropriate by the court. This section is cumulative of all other remedies. TRAINING FOR MEMBERS OF GOVERNING BODY OF SCHOOL AND OFFICERS (TEC §12.123) The commissioner shall adopt rules prescribing training for: (1) Members of governing bodies of open-enrollment charter schools; and (2) Officers of open-enrollment charter schools. The rules adopted by the commissioner may; (1) Specify the minimum amount and frequency of the training; (2) Require the training to be provided by: (A) The agency and regional education service centers; (B) Entities other than the agency and service centers, subject to approval by the commissioner; or (C) Both the agency, service centers, and other entities; and (3) Require training to be provided concerning: (A) Basic school law, including school finance; (B) Health and safety issues; (C) Accountability requirements related to the use of public funds; and (D) Other requirements relating to accountability to the public, such as open meetings requirements under Chapter 551, Government Code, and public information requirements under Chapter 552, Government Code. LF GOVERNING BODY OF AN OPEN ENROLLMENT Policy LF GOVERN 2 Date Adopted by Governing Body: Date Revised: J 0110/06 RESTRICTIONS ON SERVING AS A MEMBER OF GOVERNING BODY OF CHARTER HOLDER OR OPEN-ENROLLMENT CHARTER SCHOOL OR AS OFFICER OR EMPLOYEE (TEC §12.120) A person may not serve as a member of the governing body of a charter holder, as a member of the governing body of an open-enrollment charter school, or as an officer or employee of an open-enrollment charter school if the person: (1) Has been convicted of a felony or a misdemeanor involving moral turpitude; (2) Has been convicted of an offense listed in TEC §37.007(a) (expulsion for serious offenses); (3) Has been convicted of an offense listed in Article 62.001(5), Code of Criminal Procedure; or (4) Has a substantial interest in a management company. A person has a substantial interest in a management company if the person: (1) Has a controlling interest in the company; (2) Owns more than 10 percent of the voting interest in the company; (3) Owns more than $25,000 of the fair market value of the company; (4) Has a direct or indirect participating interest by shares, stock, or otherwise, regardless of whether voting rights are included, in more than 10 percent of the profits, proceeds, or capital gains of the company; (5) Is a member of the board of directors or other governing body of the company; (6) Serves as an elected officer of the company; or (7) Is an employee of the company. LF GOVERNING BODY OF AN OPEN ENROLLMENT Policy LF GOVERN 3 Date Adopted by Governing Body: Date Revised: 10/10/06 FUNDING AND COMPLIANCE Westlake Academy understands that renewal of its application depends on the evaluation of its special education programs under the IDEA. Lack of compliance with federal statutes, including with the IDEA can result in non-renewal or revocation of its Charter. The performance of children with disabilities is considered a critical part of the School's progress toward achieving its overall performance goals. Westlake Academy understands that it is not free from regulation and oversight in the area of special education. Westlake Academy understands that it is fully subject to compliance monitoring with respect to: (1) Texas Education Code §29.001(5) relating to the statewide plan for special education; (2) Texas Education Code §29.010(a) relating to compliance with federal and state laws relating to special education; (3) Texas Education Code §39.074 relating to on-site investigations of the TEA; and (4) Texas Education Code §39.075 relating to special accreditation investigations. The governing body of an open-enrollment charter school has primary responsibility for ensuring that the school complies with all applicable requirements of state educational programs (TEC §7.028). Westlake Academy adopts as policy the provisions under State law concerning funding and compliance responsibilities of open-enrollment charter schools, and accepts and understands the possible sanctions for non-compliance, including: S TA TE FUNDING (TEC §12.106) A charter holder is entitled to receive for the open-enrollment charter school funding under Chapter 42 (Foundation School Program) as if the school were a school district without a tier one local share for purposes of TEC §42.253 (distribution of Foundation School Fund) and without any local revenue ("LR") for purposes of TEC §42.302 (Allotment). In determining funding for an open-enrollment charter school, adjustments under TEC §§42.102, 42.103, 42.104, and 42.105 and the district enrichment tax rate ("DTR") under TEC §42.302 are based on the average adjustment and average district enrichment tax rate for the state. An open-enrollment charter school is entitled to funds that are available to school districts from the agency or the commissioner in the form of grants or other discretionary funding unless the statute authorizing the funding explicitly provides that open-enrollment charter schools are not entitled to the funding. The commissioner may adopt rules to provide and account for state funding of open- enrollment charter schools under this section. A rule adopted under this section may be similar to a provision of the TEC that is not similar to TEC §12.104(b) LF FUNDING AND COMPLIANCE Policy LF FUND COM 1 Date Adopted by Governing Body: Date Revised: 10/10/06 (applicability of the TEC to open-enrollment charter schools) if the commissioner determines that the rule is related to financing of open-enrollment charter schools and is necessary or prudent to provide or account for state funds. RECOVERY OF CERTAIN FUNDS (TEC §12.1061) The commissioner may not garnish or otherwise recover funds paid to an open- enrollment charter school under TI=C §12.106 (state funding) if: (1) The basis of the garnishment or recovery is that: (A) The number of students enrolled in the school during a school year exceeded the student enrollment described by the school's charter during that period; and (B) The school received funding under TEC §12.106 (state funding) based on the school's actual student enrollment; (2) The school: (A) Submits to the commissioner a timely request to revise the maximum student enrollment described by the school's charter and the commissioner does not notify the school in writing of an objection to the proposed revision before the 90th day after the date on which the commissioner received the request, provided that the number of students enrolled at the school does not exceed the enrollment described by the school's request; or (B) Exceeds the maximum student enrollment described by the school's charter only because a court mandated that a specific child enroll in that school; and (3) The school used all funds received under TEC §12.106 (state funding) to provide education services to students. STATUS AND USE OF FUNDS (TEC §12.107) Funds received under TEC 1§2.106 (state funding) after September 1, 2001, by a charter holder: (1) Are considered to be public funds for all purposes under state law; (2) Are held in trust by the charter holder for the benefit of the students of the open-enrollment charter school; (3) May be used only for a purpose for which a school may use local funds under TEC §45.105(c) (authorized expenditures); and (4) Pending their use, must be deposited into a bank, as defined by TEC §45.201, with which the charter holder has entered into a depository contract. A charter holder shall deliver to the agency a copy of the depository contract between the charter holder and any bank into which state funds are deposited. LF FUNDING AND COMPLIANCE Policy LF FUND COM 2 Date Adopted by Governing Body: Date Revised: 10/10/06 EFFECT OF ACCEPTING STATE FUNDING (TEC §12.1071) A charter holder who accepts state funds under TEC §12.106 (state funding) after the effective date of a provision of this subchapter agrees to be subject to that provision, regardless of the date on which the charter holder's charter was granted. A charter holder who accepts state funds under TEC §12.106 (state funding) after September 1, 2001, agrees to accept all liability under this subchapter for any funds accepted under that section before September 1, 2001. This subsection does not create liability for charter holder conduct occurring before September 1, 2001. ACADEMIC EXCELLENCE INDICATORS; ACCREDITATION STANDARDS (TEC §§39.051, 39.072) TEC §39.072(b). The academic excellence indicators TEC §39.051(b) (1) through (7) (below) and the district's current special education compliance status with the TEA shall be the main considerations of the TEA in the rating of the district under TEC §39.072. TEC §39.072(c). The TEA shall evaluate against state standards and shall, not later than August 1 of each year, report the performance of each open-enrollment charter school on the basis of the indicators TEC §39.051(b) (1) through (7) (below). Consideration of the effectiveness of the school's programs under (2) or (3) (below) must be based on data collected through the Public Education Information Management System for purposes of accountability under this chapter and include the results of statewide assessments. TEC §39.051(b). Performance on the indicators below shall be compared to state- established standards. The degree of change from one school year to the next in performance on each indicator shall also be considered. The indicators must be based on information that is disaggregated by race, ethnicity, gender, and socioeconomic status and must include: (1) The results of assessment instruments required under TEC §§39.023(a), (c), and (1) (statewide assessments), aggregated by grade level and subject area; (2) Dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education; (3) High school graduation rates, computed in accordance with standards and definitions adopted in compliance with the federal No Child Left Behind Act of 2001 (Pub. L. No. 107-110); (4) Student attendance rates; (5) The percentage of graduating students who attain scores on the secondary exit-level assessment instruments required under Subchapter B of the TEC that are equivalent to a passing score on the test instrument required under TEC §51.306; LF FUNDING AND COMPLIANCE Policy LF FUND COM 3 Date Adopted by Governing Body: Date Revised: 10110/06 (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The results of the Scholastic Assessment Test (SAT), the American College Test (ACT), articulated postsecondary degree programs described by TEC §61.852, and certified workforce training programs described by Chapter 311, Labor Code; (8) The percentage of students, aggregated by grade level, provided accelerated instruction under TEC §28.0211(c), the results of assessments administered under that section, the percentage of students promoted through the grade placement committee process under TEC §28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily, and the performance of those students in the school year following that promotion on the assessment instruments required under TEC §39.023; (9) For students who have failed to perform satisfactorily on an assessment instrument required under TEC §39.023(a) or (c), the numerical progress of those students on subsequent assessment instruments required under those sections, aggregated by grade level and subject area; (10) The percentage of students exempted, by exemption category, from the assessment program generally applicable under this chapter; and (11) The percentage of students of limited English proficiency exempted from the administration of an assessment instrument under TEC §§39.027(a) (3) and (4). ELEMENTARY AND SECONDARY EDUCATION ACT (20 U.S.C. §6311) Title I of the Elementary and Secondary Education Act (ESEA), as reauthorized by the No Child Left Behind Act (NCLB) of 2001, requires each State, as a condition of receiving funds under the Title I program, to implement a "single, statewide State accountability system" applicable to all its public schools, including charter schools. A component of that system is a definition of "adequate yearly progress" that measures the extent to which schools succeed in educating all students to proficiency in at least reading (or language arts), mathematics and science (beginning in 2007- 2008). The accountability provisions of NCLB are overseen for charter schools in accordance with state charter school law. In addition, a charter school that receives Title I funds is covered by the school improvement provisions of Title I. COMPLIANCE WITH FEDERAL AND STATE LAWS RELATING TO SPECIAL EDUCATION (TEC §29.010) The Individuals with Disabilities Education Act, federal regulations, state statutes, regulations and requirements implementing the Individuals with Disabilities Education Act, apply to charter schools. LF FUNDING AND COMPLIANCE Policy LF FUND COM 4 Date Adopted by Governing Body: Date Revised: 10/10/06 The Texas Education Agency (TEA) has adopted and implements a comprehensive system for monitoring school district and charter school compliance with federal and state laws relating to special education. The monitoring system provides for ongoing analysis of special education data and of complaints filed with the TEA concerning special education services and for inspections of school districts and charter schools at district/charter school facilities. The TEA uses the information obtained through analysis of district and charter school data and from the complaints management system to determine the appropriate schedule for and extent of the inspection. The TEA has developed and implements a system of sanctions for school districts and charter schools whose most recent monitoring visit shows a failure to comply with major requirements of the Individuals with Disabilities Education Act, federal regulations, state statutes, or agency requirements necessary to carry out federal law or regulations or state law relating to special education. Subsequent sanctions may range in severity up to the withholding of funds. The TEA's complaint management division has developed a system for expedited investigation and resolution of complaints concerning a district/charter school's failure to provide special education or related services to a student eligible to participate in the district/charter school's special education program. This section does not create an obligation for or impose a requirement on a school district or open-enrollment charter school that is not also created or imposed under another state law or a federal law. COMPLIANCE WITH BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAM REQUIREMENTS (TEC §29.061) The TEA evaluates the effectiveness of bilingual education and special language programs based on the academic excellence indicators adopted by the state, including the results of assessment instruments. The TEA may combine evaluations under this section with federal accountability measures concerning students of limited English proficiency. The areas to be monitored shall include, (1) Program content and design; (2) Program coverage; (3) Identification procedures; (4) Classification procedures; (5) Staffing; (5) Learning materials; (7) Testing materials; (8) Reclassification of students for either entry into regular classes conducted exclusively in English or reentry into a bilingual education or special education program; and (9) Activities of the language proficiency assessment committees. LF FUNDING AND COMPLIANCE Policy LF FUND COM 5 Date Adopted by Governing Body: Date Revised: 10/10/05 Not later than the 30th day after the date of an on-site monitoring inspection, the TEA reports its findings to the open-enrollment charter school and to the division of accreditation. The TEA will notify the open-enrollment charter school found in noncompliance in writing, not later than the 30th day after the date of the on-site monitoring. It is the policy of the [name] Open-Enrollment Charter School to take immediate corrective action. If the open-enrollment charter school fails to satisfy appropriate standards adopted by the commissioner, the TEA will apply sanctions, which may include the removal of accreditation, loss of foundation school funds, or both. EVALUATION OF OPEN-ENROLLMENT CHARTER SCHOOLS (TEC §12.118) The commissioner shall designate an impartial organization with experience in evaluating school choice programs to conduct an annual evaluation of open- enrollment charter schools. An evaluation under this section must include consideration of the following items before implementing the charter and after implementing the charter: (1) Students' scores on assessment instruments administered under Subchapter 0, Chapter 39 of the TEC; (2) Student attendance; (3) Students' grades; (4) Incidents involving student discipline; (5) Socioeconomic data on students' families; (6) Parents' satisfaction with their children's schools; and (7) Students' satisfaction with their schools. The evaluation of open-enrollment charter schools must also include an evaluation of: (1) The costs of instruction, administration, and transportation incurred by open- enrollment charter schools; (2) The effect of open-enrollment charter schools on school districts and on teachers, students, and parents in those districts; and (3) Other issues, as determined by the commissioner. LIMITATION ON COMPLIANCE MONITORING (TEC § 7.028) The governing body of an open-enrollment charter school has primary responsibility for ensuring that the school complies with all applicable requirements of state educational programs. The state may monitor applicable programs to determine compliance. LF FUNDING AND COMPLIANCE Policy LF FUND COM 6 Date Adopted by Governing Body: Date Revised: 10/10/06 BASIS FOR MODIFICATION, PLACEMENT ON PROBATION, REVOCATION, OR DENIAL OF RENEWAL JEC §12.115) The commissioner may modify, place on probation, revoke, or deny renewal of the charter of an open-enrollment charter school if the commissioner determines that the charter holder has: (1) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter; (2) Failed to satisfy generally accepted accounting standards of fiscal management; (3) Failed to protect the health, safety, or welfare of the students enrolled at the school; or (4) Failed to comply with this subchapter or another applicable law or rule. The action the commissioner takes shall be based on the best interest of the school's students, the severity of the violation, and any previous violation the school has committed. PROCEDURE FOR MODIFICATION, PLACEMENT ON PROBATION, REVOCATION, OR DENIAL OF RENEWAL (TEC §12.116) The commissioner shall adopt a procedure to be used for modifying, placing on probation, revoking, or denying renewal of the charter of an open-enrollment charter school. The procedure must provide an opportunity for a hearing to the charter holder and to parents and guardians of students in the school. A hearing must be held at the facility at which the program is operated. Chapter 2001, Government Code, does not apply to a hearing that is related to a modification, placement on probation, revocation, or denial of renewal under this subchapter. EFFECT OF REVOCATION, DENIAL OF RENEWAL, OR SURRENDER OF CHARTER (TEC §12.1161) Except as provided below, if the commissioner revokes or denies the renewal of a charter of an open-enrollment charter school, or if an open-enrollment charter school surrenders its charter, the school may not: (1) Continue to operate under this subchapter; or (2) Receive state funds under this subchapter. An open-enrollment charter school may continue to operate and receive state funds for the remainder of a school year if the commissioner denies renewal of the school's charter before the completion of that school year. LF FUNDING AND COMPLIANCE Policy LF FUND COM 7 Date Adopted by Governing Body: Date Revised: 10/10/06 ADDITIONAL SANCTIONS (TEC §§12.1162, 39.131) In the case of an open enrollment charter school, if a school has been rated as academically unacceptable for a period of two years or more, the commissioner may, to the extent the commissioner determines necessary, order closure of all programs operated under the school's charter. In addition, the commissioner shall take any of the actions described below, to the extent the commissioner determines necessary, if an open-enrollment charter school, as determined by a report issued under TEC §39.076(b) (preliminary investigation findings): (1) Commits a material violation of the school's charter; (2) Fails to satisfy generally accepted accounting standards of fiscal management; or (3) 'Fails to comply with this subchapter or another applicable rule or law. The commissioner may temporarily withhold funding, suspend the authority of an open-enrollment charter school to operate, or take any other reasonable action the commissioner determines necessary to protect the health, safety, or welfare of students enrolled at the school based on evidence that conditions at the school present a danger to the health, safety, or welfare of the students. After the commissioner acts, the open-enrollment charter school may not receive funding and may not resume operating until a determination is made that: (1) Despite initial evidence, the conditions at the school do not present a danger of material harm to the health, safety, or welfare of students; or (2) The conditions at the school that presented a danger of material harm to the health, safety, or welfare of students have been corrected. Not later than the third business day after the date the commissioner acts, the commissioner shall provide the charter holder an opportunity for a hearing. Immediately after a hearing, the commissioner must cease the action under or initiate action under §TEC 12.116 (procedure for modification, placement on probation, revocation, or denial of renewal). The commissioner shall adopt rules implementing this section. Chapter 2001, Government Code, does not apply to a hearing under this section. AUDITS BY THE COMMISSIONER OF EDUCATION (TEC §12.1163) To the extent consistent with this section, the commissioner may audit the records of: (1) An open-enrollment charter school; (2) A charter holder; and (3) A management company. LF FUNDING AND COMPLIANCE Policy LF FUND COM 8 Date Adopted by Governing Body: Date Revised: 10110106 The audit described above must be limited to matters directly related to the management or operation of an open-enrollment charter school, including any financial and administrative records. Unless the commissioner has specific cause to conduct an additional audit, the commissioner may not conduct more than one on-site audit under TEC §12.1163 (audit by commissioner) during any fiscal year, including any financial and administrative records. For purposes of this subsection, an audit of a charter holder or management company associated with an open-enrollment charter school is not considered an audit of the school. LF FUNDING AND COMPLIANCE Policy LF FUND COM 9 Date Adopted by Governing Body: Date Revised: 10/10/06 NONDISCRIMINATION It is the policy of Westlake Academy to not discriminate on the basis of race, color, national origin, sex, or disability in any of their programs or activities. Westlake Academy ensures that its programs and activities, when viewed in their entirety, are readily accessible to individuals with disabilities. Westlake Academy selects facilities that do not have the effect of excluding or limiting enrollment or participation of children with disabilities from any school program or activity. Westlake Academy complies with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin. Westlake Academy complies with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs. Westlake Academy complies with Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability. Westlake Academy does not deny services to students with disabilities due to lack of funds. NONDISCRIMINATION IN ADMISSION (TEC §12.111(a)(6)) Each open-enrollment charter school must prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the district the child would otherwise attend in accordance with this code, although the charter may: (A) Provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37 of the TEC (relating to alternative settings for behavior management); and (E3) Provide for an admission policy that requires a student to demonstrate artistic ability if the school specializes in performing arts. COMMUNITY EDUCATION RELATED TO HATE CRIMES LAWS (TEC §29.905) The attorney general, in cooperation with the TEA, has developed a program that provides instruction about state laws on hate crimes: (1) At appropriate grade levels, to students; and (2) To the community at large. The TEA will make the program available to an open-enrollment charter school on the request of the governing body of the school. LF NONDISCRilVIiNATION Policy LF NONDIS I Date Adopted by Governing Body: Date Devised: 11/01/06 FULL EDUCATIONAL OPPORTUNITY GOAL It is the policy of Westlake Academy to provide full educational opportunity for all children with disabilities consistent with the state's goal of providing full educational opportunity for all Texas children with disabilities. Westlake Academy ensures that it does not deny admission to a child with a disability solely because of that child's need for special education or related aids and services, regardless of cost. Westlake Academy adopts as policy the provisions under State law ensuring educational opportunities for all children including children with disabilities through its admission practices, enforcement of compulsory attendance, and delivery of services, including: RESPONSIBILITY OF SCHOOL DISTRICTS FOR PUBLIC EDUCATION (TEC §11.002) The charter school is responsible for implementing the State's system of public education and ensuring student performance in accordance with State law. ADMISSION (TEC §12.117) For admission to an open-enrollment charter school, the governing body of the school shall: (1) Require the applicant to complete and submit an application not later than a reasonable deadline the school establishes; and (2) On receipt of more acceptable applications for admission under this section than available positions in the school: (A) Fill the available positions by lottery; or (B) Subject to the paragraph below, fill the available positions in the order in which applications received before the application deadline were received. An open-enrollment charter school may fill applications for admission only if the school published a notice of the opportunity to apply for admission to the school. The notice must: (1) State the application deadline; and (2) Be published in a newspaper of general circulation in the community in which the school is located not later than the seventh day before the application deadline. LF FULL EDUCATIONAL OPPORTUNITY GOAL Policy LF FULL ED 1 Date Adopted by Governing Body: Date Revised: 10/10/06 CHILDREN RESIDING IN RESIDENTIAL FACILITIES (TEC §29.012) For purposes of enrollment in a school, a person who resides in a residential facility is considered a resident of the school district or geographical area served by the open-enrollment charter school in which the facility is located. TUITION AND FEES RESTRICTED (TEC §12.108) An open-enrollment charter school may not charge tuition to an eligible student who applies under TEC §12.117 (admission). The governing body of an open-enrollment charter school may require a student to pay any fee that the board of trustees of a school district may charge under TEC §11.158(a) (permissible fees). The governing body may not require a student to pay a fee that the board of trustees of a school district may not charge under TEC 11.158(b) (impermissible fees). SCHOOL ATTENDANCE (TEC §§25.093, 25.095) An open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period: (1) The student's parent is subject to prosecution under TEC §25.093 (parent contributing to nonattendance); and (2) The student is subject to prosecution under Texas Education Code §25.094 (failure to attend school) or to referral to a juvenile court in a county with a population of less than 100,000 for conduct that violates that section. At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the open- enrollment charter school. TRANSPORTATION (TEC §12.109) An open-enrollment charter school shall provide transportation to each student attending the school to the same extent a school district is required by law to provide transportation to district students. LF FULL EDUCATIONAL OPPORTUNITY GOAL Policy LF FULL ED 2 Date Adopted by Governing Body: Date Revised: 10/10/06 ACCESS TO TEACHING MATERIALS (TEC §26.006) A student's parent is entitled to request that the school district or open-enrollment charter school the student attends allow the student to take home any textbook used by the student. Subject to the availability of a textbook, the district or school shall honor the request. A student who takes home a textbook must return the textbook to school at the beginning of the next school day if requested to do so by the student's teacher. In this subsection, "textbook" has the meaning assigned by TEC §31.002. BREAKFAST PROGRAMS (TEC §33.901) If at least 10 percent of the students enrolled in one or more schools in an open- enrollment charter school are eligible for free or reduced-price breakfasts under the national school breakfast program provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the governing body of the open-enrollment charter school shall participate in the program and make the benefits of the program available to all eligible students in the schools or school. COUNSELING REGARDING HIGHER EDUCATION (TEC §33.007) Each counselor at an elementary, middle, or junior high school, including an open- enrollment charter school offering those grades, must advise students and their parents or guardians regarding the importance of higher education, coursework designed to prepare students for higher education, and financial aid availability and requirements. During the first school year a student is enrolled at the high school level in an open- enrollment charter school, and again during a student's senior year, a counselor shall provide information about higher education to the student and the student's parent or guardian. The information must include information regarding: (1) The importance of higher education; (2) The advantages of completing the recommended or advanced high school program adopted under Texas Education Code §28.025(a) (curriculum requirements); (3) The disadvantages of taking courses to prepare for a high school equivalency examination relative to the benefits of taking courses leading to a high school diploma; (4) Financial aid eligibility; (5) Instruction on how to apply for federal financial aid; (6) The center for financial aid information established under Texas Education Code §61.0776 (Center for Financial Aid Information); LF FULL EDUCATIONAL OPPORTUNITY GOAL Policy LF FULL ED 3 Date Adopted by Governing Body: Date Revised: 10/10106 (7) The automatic admission of certain students to general academic teaching institutions as provided by Texas Education Code §51.803 (automatic admission all institutions); and (8) The eligibility and academic performance requirements for the TEXAS Grant as provided by Subchapter M, Chapter 56 of the TEC, as added by Chapter 1590, Acts of the 76th Legislature, Regular Session, 1999. LF FULL EDUCATIONAL OPPORTUNITY GOAL Policy LIT FULL ED 4 Date Adopted by Governing Body: Date Revised: 10/10/06 CHILD FIND It is the policy of Westlake Academy to locate and identify any child who contacts or enrolls in Westlake Academy who may have a disability and be in need of special education and related services, regardless of the severity of the disability, in accordance with its procedures as reflected in the CHILD FIND legal framework of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.esclS.net/. Referral of students for a full and individual initial evaluation for possible special education services shall be a part of the district's overall, general education referral or screening system. Prior to referral, students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial, remedial, compensatory, and other services. If the student continues to experience difficulty in the general classroom after the provision of interventions, district personnel must refer the student for a full and individual initial evaluation. This referral for a full and individual initial evaluation may be initiated by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student. (19 T.A.C. §89.1011). Westlake Academy will collaborate with the Region 11 Education Service Center (ESC), the local Early Childhood Intervention (ECI) program, and the following agencies in its Child Find efforts: LF CHILD FIND Policy LF CHILD 1 Date Adopted by Governing Body; Date Revised: 11/01106 PARTICIPATING AGENCIES in the Child Find Process To indicate the extent of participation insert an X in the appropriate box(es) below Makes Accepts Conducts Provides Referrals Referrals Evaluations/Makes Services Diagnosis College and University Clinics • University Hospital Child Evaluation Center X • Speech and Hearing Clinics X • Child Evaluation Clinics; Rehabilitation Centers X Private Care Providers • Physicians X • Audiologists X • Speech and Hearing Clinics X • Optometrists X • Psych iatrists/Ps cholo ists X • Child Care Centers X • Other: State Agencies/Pro rams • Department of Assistive and Rehabilitative Services X DA RS • Department of Health and Human Services X • Youth Correctional Centers/Juvenile Detention Centers X • Mental Health and Mental Retardation MHMR Centers X • Texas School for the Blind and Visually Impaired X TSBVI • Texas School for the Deaf TSD X • Public Child Care Centers X • Other: Federal Programs • Head Start Programs X • Title I X • Other: LF CHILD FIND Policy LF CHILD 2 Date Adopted by Governing Body: Date Revised: 10/10/06 Support services available to all students, such as tutorial, remedial, compensatory, and other services may include those specified accelerated instruction, below: ACCELERATED INSTRUCTION (TEC §28.0211) An open-enrollment charter school shall provide students required to attend accelerated programs under TEC §28.0211 (satisfactory performance on assessment instruments required; accelerated instruction) and the CHILD FIND framework with transportation to those programs if the programs if the programs occur outside of regular school hours. (TEC §42.152) KINDERGARTEN AND PRE-KINDERGARTEN PROGRAMS (TEC §29.155) From amounts appropriated for the purposes of this section, the commissioner may make grants to open-enrollment charter schools to implement or expand kindergarten and pre-kindergarten programs. An open-enrollment charter school may use funds received under this section to employ teachers and other personnel for a kindergarten or pre-kindergarten program and acquire curriculum materials or equipment, including computers, for use in kindergarten and pre-kindergarten programs. To be eligible for a grant under this section, an open-enrollment charter school must apply to the commissioner in the manner and within the time prescribed by the commissioner. In awarding grants under this section, the commissioner will give priority to districts and open-enrollment charter schools in which the level of performance of students on statewide assessment instruments to students in grade three is substantially below the average level of performance on those assessment instruments for all school districts in the state. An open-enrollment charter school may use funds granted to the district or school under this subsection in contracting with another entity, including a private entity. LF CHILD FIND Policy LF CHILD 3 Date Adopted by Governing Body: Date Revised: 10/10146 PROCEDURAL SAFEGUARDS It is the policy of Westlake Academy to afford the IDEA's procedural safeguards to children with disabilities and their parents including by providing an explanation of procedural safeguards to the parent or adult student one time a year, and upon: initial referral or request for evaluation; the first occurrence of the filing of a due process hearing complaint; and parental request. It is the policy of Westlake Academy to ensure the rights of parents of children with disabilities are protected including by complying with its procedures as reflected in the PARENT legal framework of the Legal Framework for the Child- Centered Special Education Process located at: http://framework.escl8.net/. It is the policy of Westlake Academy to ensure the rights of adult students with disabilities are protected including by complying with its procedures as reflected in the ADULT STUDENT legal framework of the Legal Framework for the Child- Centered Special Education Process located at: http://framework.esclS.net/. It is the policy of Westlake Academy to afford parents and adult students with disabilities prior written notice by complying with its procedures as reflected in the PRIOR WRITTEN NOTICE legal framework of the Legal Framework for the Child-Centered Special Education Process located at: http://framework.escl8.net/. It is the policy of Westlake Academy to afford parents and adult students with disabilities the consent protections of the IDEA by complying with its procedures as reflected in the CONSENT legal framework of the Legal Framework for the Child-Centered Special Education Process located at: http://framework.escl8.net/. LF PRO SAFE Policy LF PRO SAFE 1 Date Adopted by Governing Body: Date Revised: 10/12/06 EVALUATION AND DETERMINATION OF ELIGIBILITY It is the policy of Westlake Academy to ensure that procedures are in place for evaluating children and determining eligibility for special education and related services in accordance with the FULL AND INDIVIDUAL EVALUATION frameworks of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.esclS.net/. Evaluation procedures and materials will be selected and administered so as not to be racially or culturally discriminatory. Such procedures or materials shall be provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to do so. No single procedure shall be the sole criterion for determining an appropriate educational program for a child. It is the policy of Westlake Academy to use qualified and /or licensed personnel to conduct special education assessments (including for related services) and participate as multidisciplinary assessment team members for children who may have disabilities. LF EVALUATION AND DETERMINATION OF ELIGIBILITY Policy LF EVAL I Date Adopted by Governing Body: Date Revised: 10/12/06 FREE APPROPRIATE PUBLIC EDUCATION Westlake Academy complies with the IDEA, which guarantees the provision of a free appropriate public education (FAPE) to all children with disabilities. It is the policy of Westlake Academy to ensure that all eligible children with disabilities who are within Westlake Academy's jurisdiction have a FAPE available in accordance with its procedures as reflected in the Legal Framework for the Child-Centered Special Education Process located at: http://framework.escl8.net/. It is the policy of Westlake Academy to ensure that an individualized education program (IEP) is developed, reviewed, and revised for each child with a disability in accordance with its procedures as reflected in the ARD MEETING legal frameworks of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.escl8.net/. Westlake Academy ensures that each of its children with disabilities receives all of the special education, related services, and supplementary aids and services identified in the child's IEP. It is the policy of Westlake Academy to ensure that the need for extended school year (ESY) services for children with disabilities will be considered on an individual basis by the child's ARD committee, in accordance with its procedures as reflected in the EXTENDED SCHOOL YEAR SERVICES legal framework of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.escl8.net/. ESY will be provided to children with disabilities as determined by their ARD committee according to their IEP. It is the policy of Westlake Academy to provide a FAPE to children with disabilities who transfer from within and outside the State in accordance with its procedures as reflected in TRANSFER STUDENTS legal framework of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.escl8.net/. It is the policy of Westlake Academy to provide a FAPE to expelled students who are eligible for special education services under the IDEA in accordance with its procedures as reflected in the DISCIPLINE legal framework of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.escl 8.net/. LF FREE APPROPRIATE PUBLIC EDUCATION Policy LF FREE 1 Date Adopted by Governing Body: Date Revised: 1 1/01/06 LEAST RESTRICTIVE ENVIRONMENT It is the policy of Westlake Academy to ensure that each eligible child with a disability is placed in the least restrictive environment (LRE) that is appropriate to the child's educational needs, in accordance with its procedures as reflected in the ARD MEETING and LEAST RESTRICTIVE ENVIRONMENT legal frameworks of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.esclS.net/. It is the policy of Westlake Academy to have a continuum of alternative placements available to meet the unique needs of children who are eligible for special education services. To the maximum extent appropriate, children with disabilities will be educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Least Restrictive Available Available Available Environment: Continuum at the within the through a of Alternative Charter Charter Contract with Educational Placements School School Another Charter System School, District or Facility To indicate how the charter school makes the continuum available, lease insert an X in the a ro riate column on each row below. Mainstream X Homebound X Hospital Class X Speech Therapy X Resource Room/Services X Self-Contained (mild, X moderate, or severe Off Home Campus X Non ublic Da School X Vocational adjustment X class/pro ram State school for persons X with mental retardation Residential care and X treatment facility (not school district resident LF LEAST RESTRICTIVE ENVIRONMENT Policy LF LEAST 1 Date Adopted by Governing Body: Date Revised: 10/12/06 DISCIPLINE It is the policy of Westlake Academy to ensure the rights of children with disabilities are protected in the context of discipline including by complying with its procedures as reflected in the DISCIPLINE legal framework of the Legal Framework for the Child-Centered Special Education Process located at: http://framework.esci$.net/. The governing body of an open-enrollment charter school shall adopt a code of conduct for its district or for each campus. In addition to establishing standards for behavior, the code of conduct shall outline generally the types of prohibited behaviors and their possible consequences. The code of conduct shall also outline the school's due process procedures with respect to expulsion. Notwithstanding any other provision of law, a final decision of the governing body of an open- enrollment charter school with respect to actions taken under the code of conduct may not be appealed. (TEC §12.131) An open-enrollment charter school may not elect to expel a student for a reason that is not authorized by TEC §37.007 (expulsion for serious offenses) or specified in the school's code of conduct as conduct that may result in expulsion (TEC §12.131). It is the policy of Westlake Academy to provide a FAPE to expelled students who are eligible for special education services under the IDEA. Westlake Academy will report data to the TEA to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities (20 U.S.C. §1412(a)(22)). Westlake Academy adopts as policy the provisions under State and federal law concerning disciplining students attending open-enrollment charter schools, including: NOTICE OF DISCIPLINARY ACTION (TEC §37.022) If the Charter School takes disciplinary action against a student and the student subsequently enrolls in another district or charter school before the expiration of the period of disciplinary action, the school taking the disciplinary action must provide to the district or school in which the student enrolls, at the same time other records of the student are provided, a copy of the order of disciplinary action. Subject to the provisions of the Gun Free Schools Act, the district or school in which the student enrolls may continue the disciplinary action under the terms of the order or may allow the student to attend regular classes without completing the period of disciplinary action. LF DISCIPLINE Policy LF DISCIPLINE I Date Adopted by Governing Body: Date Revised: 1 0112106 GUN FREE SCHOOLS ACT (20 U.S.C. §§1415, 7151; TEC §37.007(e)) In accordance with 20 U.S.C. §7151, a LEA, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. The student must be expelled from the student's regular campus for a period of at least one year, except that: (1) The superintendent or other chief administrative officer of the school district or of the other local educational agency, as defined by 20 U.S.C. Section 7801, may modify the length of the expulsion in the case of an individual student; (2) The district or other local educational agency shall provide educational services to an expelled student in a disciplinary alternative education program as provided by TEC §37.008 if the student is younger than 10 years of age on the date of expulsion; and (3) The district or other local educational agency may provide educational services to an expelled student who is 10 years of age or older in a disciplinary alternative education program as provided in TEC §37.008. The provisions of the Gun Free Schools Act must be construed in a manner consistent with the Individuals with Disabilities Education Act. Consistent with federal law, the Charter School must conduct a manifestation determination review for a child with a disability before making a disciplinary change of placement. Charter School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability where a child carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency. 20 U.S.C. 1415(k) (1) (G). REMOVAL BY A TEACHER (TEC §12.131(c)) Notwithstanding any other provision, TEC §37.002 concerning removal by a teacher, wherever referenced, are not applicable to an open-enrollment charter school unless the governing body of the school so determines. LF DISCIPLINE Policy LF DISCIPLINE 2 Date Adopted by Governing Body: Date Revised: 10/12/06 CONFIDENTIALITY OF STUDENT RECORDS Westlake Academy complies with the Family Educational Rights and Privacy Act (FERPA), which protects the privacy of student education records. Westlake Academy further complies with the provisions of the Individuals with Disabilities Education Act pertaining to the education records of children with disabilities. Education records of children with disabilities are safeguarded in accordance with Westlake Academy procedures as reflected in the ADMINISTRATION OF RECORDS legal framework of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.escl8.net/. Westlake Academy personnel are responsible for timely closing, preparing student records for transfer, and transferring student records to another school, school system, where the student seeks or intends to enroll pursuant to the TRANSFER STUDENTS legal framework of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.esclS.net/. It is the policy of Westlake Academy to safeguard the confidentiality of any personally identifiable information collected, used, or maintained regarding all students, including children with disabilities. Westlake Academy adopts as policy the provisions under federal law concerning education records, including: FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (20 U.S.C. §1232g) FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies. Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, LF CONFIDENTIALITY OF STUDENT RECORDS Policy LF CONFID 1 Date Adopted by Governing Body: Date Revised: 11/01/06 FE€tPA allows schools to disclose those records, without consent, to the following parties or under the following conditions: (1) School officials with legitimate educational interest; (2) Other schools to which a student is transferring; (3) Specified officials for audit or evaluation purposes; (4) Appropriate parties in connection with financial aid to a student; (5) Organizations conducting certain studies for or on behalf of the school; (6) Accrediting organizations; (7) To comply with a judicial order or lawfully issued subpoena; (8) Appropriate officials in cases of health and safety emergencies; and (9) State and local authorities, within a juvenile justice system, pursuant to specific State law. Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. LF CONFIDENTIALITY OF STUDENT RECORDS Policy LF CONFID 2 Date Adopted by Governing Body: Date Revised: 10/12/06 PUBLIC INFORMATION It is the policy of Westlake Academy to provide parents of children with disabilities and the general public access to documents relating to Westlake Academy's IDEA program eligibility. Westlake Academy adopts as ,policy the provisions under State law concerning open meetings and public information, including: APPLICABILITY OF OPEN MEETINGS AND PUBLIC INFORMATION LAWS (TEC §12.1051) With respect to the operation of an open-enrollment charter school, the governing body of a charter holder and the governing body of an open-enrollment charter school are considered to be governmental bodies for purposes of Chapters 551 and 552, Government Code. With respect to the operation of an open-enrollment charter school, any requirement in Chapter 551 or 552, Government Code, that applies to a school district, the board of trustees of a school district, or public school students applies to an open- enrollment charter school, the governing body of a charter holder, the governing body of an open-enrollment charter school, or students attending an open- enrollment charter school. APPLICABILITY OF LAWS RELATING TO LOCAL GOVERNMENT CODES (TEC § 12.1052) With respect to the operation of an open-enrollment charter school, an open- enrollment charter school is considered to be a local government for purposes of Subtitle C, Title 6, Local Government Code, and Subchapter J, Chapter 441, Government Code. Records of an open-enrollment charter school and records of a charter holder that relate to an open-enrollment charter school are government records for all purposes under state law. Any requirement in Subtitle C, Title 6, Local Government Code, or Subchapter J, Chapter 441, Government Code, that applies to a school district, the board of trustees of a school district, or an officer or employee of a school district applies to an open-enrollment charter school, the governing body of a charter holder, the governing body of an open-enrollment charter school, or an officer or employee of an open-enrollment charter school except that the records of an open-enrollment charter school that ceases to operate shall be transferred in the manner specified by the commissioner. LF PUBLIC INFORMATION Policy LF PUBLIC 1 Date Adopted by Governing Body: Date Revised: 11/01/06 The records of an open-enrollment charter school that ceases to operate shall be transferred in the manner specified by the commissioner to a custodian designated by the commissioner. The commissioner may designate any appropriate entity to serve as custodian, including the agency, a regional education service center, or a school district. In designating a custodian, the commissioner shall ensure that the transferred records, including student and personnel records, are transferred to a custodian capable of: (1) Maintaining the records; (2) Making the records readily accessible to students, parents, former school employees, and other persons entitled to access; and (3) Complying with applicable state or federal law restricting access to the records. If the charter holder of an open-enrollment charter school that ceases to operate or an officer or employee of such a school refuses to transfer school records in the manner specified by the commissioner under Subsection (d), the commissioner may ask the attorney general to petition a court for recovery of the records. If the court grants the petition, the court shall award attorney's fees and court costs to the state. REQUESTS FOR PUBLIC INFORMATION (TEC §26.0085) An open-enrollment charter school that seeks to withhold information from a parent who has requested public information relating to the parent's child under Chapter 552, Government Code, and that files suit as described by Section 552.324, Government Code, to challenge a decision by the attorney general issued under Subchapter G, Chapter 552, Government Code, must bring the suit not later than the 30th calendar day after the date the school district or open-enrollment charter school receives the decision of the attorney general being challenged. A court shall grant a suit described by this section precedence over other pending matters to ensure prompt resolution of the subject matter of the suit. Notwithstanding any other law, an open-enrollment charter school may not appeal the decision of a court in a suit filed under this section. This section does not affect the right of a parent to appeal the decision. If the open-enrollment charter school does not bring suit within the period established by above, the open-enrollment charter school shall comply with the decision of the attorney general. An open-enrollment charter school that receives a request from a parent for public information relating to the parent's child shall comply with Chapter 552, Government Code. If an earlier deadline for bringing suit is established under Chapter 552, Government Code, the timelines above do not apply. This section does not affect the earlier deadline for purposes of Section 532.353(b) (3) for a suit brought by an officer for public information. LP PUBLIC INFORMATION Policy LF PUBLIC 2 Date Adopted by Governing Body: Date Revised: 10/12/06 PERSONNEL STANDARDS It is the policy of Westlake Academy to ensure that personnel standards for all individuals serving children with disabilities are met in accordance with the IDEA and its procedures as reflected in the ADMINISTRATION OF PERSONNEL legal framework of the Legal Framework for the Child-Centered Special Education Process, located at: http://framework.esclS.net/. Westlake Academy recognizes that both the No Child Left Behind Act and the IDEA provide that charter school teachers must meet the requirements set forth in the State's public charter school law. 20 U.S.C. §7801(23) (A) (1); 20 U.S.C. §1401(10) (B) (i). In Texas, that means that the charter school special education teacher must be certified and highly qualified. It is the policy of Westlake Academy to make an ongoing good-faith effort to recruit and hire appropriately and adequately certified and/or licensed personnel to provide a wide range of special education and related services to children with disabilities who are eligible for special education services. Special education staffing needs come from the individualized decisions made by the ARD committee. It is the policy of Westlake Academy to ensure that all personnel necessary to carry out the requirements of the IDEA 2004 are appropriately and adequately certified and/or licensed and prepared. Westlake Academy uses the following strategies for accessing adequately certified and/or licensed personnel: Strategy Check with an X if applicable Hiring faculty with dual certification and/or licensure X Hiring consultants to provide special education services X Hiring retired teachers to work part-time to deliver special education services Developing collaborative agreements with other local educational agencies (LEAs), including with other charter schools to share special education teachers and related service providers Forming partnerships with institutions and/or agencies X that employ related services professionals Westlake Academy adopts as policy the provisions under State and Federal law concerning personnel, including: LF PEP vONNEL STANDARDS Policy LF PERSON 1 Date Adopted by Governing Body; Date Revised: 11/01/06 SPECIAL EDUCATION TEACHER DEFINED (20 U.S.C. §1401(10) (B) (i)) When used with respect to any public elementary school or secondary school special education teacher teaching in a State, such term means that--(i) the teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State's public charter school law. MINIMUM GENERAL EDUCATION TEACHER QUALIFICATIONS (TEC §12.129) A person employed as a teacher by an open-enrollment charter school must hold a high school diploma. NOTICE OF TEACHER QUALIFICATIONS (TEC §12.130) Each open-enrollment charter school shall provide to the parent or guardian of each student enrolled in the school written notice of the qualifications of each teacher employed by the school. SCHOOL ATTENDANCE OFFICER (TEC §§25.088, 25.089, 25.090) The school attendance officer may be selected by the governing body of an open- enrollment charter school. An attendance officer may be compensated from the funds of the open-enrollment charter school. An attendance officer may be the probation officer or an officer of the juvenile court of the county. If the governing body of an open-enrollment charter school has not selected an attendance officer, the duties of attendance officer shall be performed by the peace officers of the county in which the school is located. Additional compensation may not be paid for services performed under this section. LF PERSONNEL STANDARDS Policy LF PERSON 2 Date Adopted by Governing Body: Date Revised: 10/12/06 CRIMINAL HISTORY RECORDS (TEC §22.083) An open-enrollment charter school shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) A person whom the school intends to employ in any capacity; or (2) A person who has indicated, in writing, an intention to serve as a volunteer with the school. An open-enrollment charter school may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) A volunteer or employee of the district, school, service center, or shared services arrangement; or (2) An employee of or applicant for employment by a person that contracts with the district, school, service center, or shared services arrangement to provide services, if: (A) The employee or applicant has or will have continuing duties related to the contracted services; and (B) The duties are or will be performed on school property or at another location where students are regularly present. The superintendent of an open-enrollment charter school shall promptly notify the State Board for Educator Certification in writing if the person obtains or has knowledge of information showing that an applicant for or holder of a certificate issued under Subchapter B, Chapter 21 of the TEC (certification of educators), has a reported criminal history. ACCESS TO CRIMININAL HISTORY RECORDS OF SCHOOL BUS DRIVERS, BUS MONITORS, AND BUS AIDES (TEC §22.084) Except as provided below, an open-enrollment charter school that contracts with a person for transportation services shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) A person employed by the person as a bus driver; or (2) A person the person intends to employ as a bus driver. Except as provided below, a person that contracts with an open-enrollment charter school to provide transportation services shall submit to the school the name and other identification data required to obtain criminal history record information of each person described above. If the school obtains information that a person described above has been convicted of a felony or a misdemeanor involving moral turpitude, the school shall inform the chief personnel officer of the person with whom the school has contracted, and the person may not employ that person to drive a bus on which students are transported without the permission of the governing body of the open-enrollment charter school. A commercial transportation company that contracts with an open-enrollment charter school to provide transportation services may obtain from any law LF PERSONNEL STANDARDS Policy LF PERSON 3 Date Adopted by Governing Body: Date Revised. 10/12/06 enforcement or criminal justice agency all criminal history record information that relates to: (1) A person employed by the commercial transportation company as a bus driver, bus monitor, or bus aide; or (2) A person the commercial transportation company intends to employ as a bus driver, bus monitor, or bus aide. If the commercial transportation company obtains information that a person employed or to be employed by the company has been convicted of a felony or a misdemeanor involving moral turpitude, the company may not employ that person to drive or to serve as a bus monitor or bus aide on a bus on which students are transported without the permission of the governing body of the open-enrollment charter school. REVOCATION OF CERTIFICATE AND TERMINATION OF EMPLOYMENT EASED ON CONVICTION OF CERTAIN OFFENSES (TEC §21,058) An open-enrollment charter school that receives notice under TEC §21.058(a) of the revocation of a certificate shall: (1) Immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student; and (2) As soon as practicable, terminate the employment of the person in accordance with the person's contract and with State law governing certification of educators. LF PERSONNEL STANDARDS Policy LF PERSON 4 Date Adopted by Governing Body: Date Revised: 10112/06