Compliance Considerations Keeping Up in an Age of Accountability Presented by Jean E. Taraskiewicz

Goal of compliance  Ensure high standards  Protect student and public interest Remember: The ultimate stakeholder group is our community.

Prediction The Public School Academies Unit of the Michigan Department of Education (MDE) predicts that…  Enrollment in public school academies (charter schools) will increase by 5,000 every year through the end of  The number of public school academies will increase by 20 each year through  The number of public school academy schools will increase by 30 per year through 2019.

Prediction  Teacher preparation and certification requirements will increase in rigor.  Accountability and transparency will continue to be an increasing point of emphasis with the State Board of Education, MDE, legislature, and the general public.

Outcome Dramatic expansion of the charter school system will bring greater scrutiny of these institutions. Governing boards will need to stay informed and responsive to critical matters of compliance.

Layers of Accountability The general structure of charter schools means they are responsible to comply with three main entities, beginning with authorizers.

The charter school, or public school academy is “authorized,” or granted a contract to operate. Charter schools can be authorized by any state public university, community college, intermediate school district, or traditional school district. Authorizers use local, state, and federal guidance to create their own regulatory, performance, and operational standards for the school.

In addition to authorizers, charter schools are accountable to the state and federal governance under which traditional districts operate. They receive the same state-aid funding as traditional districts and have the same opportunities to apply for state and federal grants.

Compliance falls into six main categories: Enrollment Educational Programs/Support Services Facilities Finance Staffing Federal Programs

Enrollment  A charter school may not be selective in its enrollment process based on disability, race, gender, or test scores.  Random selection is to be used if the school has not yet reached its enrollment capacity.  The school must request records or an Individualized Education Plan (IEP) for transfer students within 14 days.

Educational Programs/Support Services  PSAs must adopt a model core curriculum.  Certification requirements for charter schools match those of traditional school districts.  Charter schools must report all immunizations for all students in its first year; after the first year, immunizations must be reported for new students only.

Educational Programs  Charter schools are required to complete the “child find” process to identify children who are suspected of having a disability for services.  The responsibility to provide a “free and appropriate education” for all students with disabilities falls to the charter school in which the student is enrolled.  Family Education Rights and Privacy Act applies to charter schools beyond special education. Parents have rights to all records for their children.

Facilities  A certificate of occupancy is required by Michigan law for any school operating in the state.  Health and safety reports for the facility must be made public.  Failure to obtain inspections and/or a certificate of occupancy could lead to the withholding of state-aid funds.

Finance-General  Charter schools may not charge tuition.  By statute, charter schools are free and open to all Michigan residents.  State School Aid Funds are paid directly to the authorizing body.

Finance-Accounting Rules  A common fiscal year, beginning July 1 and ending June 30, must be followed.  Schools must follow general accounting principles used by governmental entities.  A uniform chart of accounts must be followed.

Finance-Reporting  By November 15, annually, charter schools must submit an annual comprehensive financial report into the Financial Information Database.  The outcome of an independent audit of a school’s financial records (by a certified public accountant)is to be filed with MDE, also by the 15th.  Transparency information must be posted on a charter school’s website, as with all public schools.

Finance-Budget  School boards must adopt a budget prior to the new fiscal year, using the Michigan School Accounting Manual.  Charter schools cannot adopt or operate under a deficit budget.

Staffing  Instruction in charter schools must be provided by certified teachers.  Teachers who provide instructional services to students in charter schools, but who are not employed by the school are not members of the Michigan Public School Employees’ Retirement System, or the local union.

Federal Programs  Charter schools receiving federal funds must meet federal reporting requirements regarding public school students and professional personnel semi-annually through MDE’s Registry of Education Personnel in December and June.  Schools receiving these funds must also adhere to federal guidelines including highly- qualified staffing requirements, school improvement reporting, and program evaluation.

Board Matters  Boards must have representation from the local community.  Members must be U.S. citizens.  Family relationships among board members and stakeholders or anyone involved in the operation of the academy is prohibited.  Authorizers oversee board compliance.

Additional Resources