§302B‑5  Start-up charter schools; establishment.  (a)  New start-up charter schools may be established pursuant to this section. 

     (b)  Any community, group of teachers, group of teachers and administrators, or nonprofit organization may submit a letter of intent to the office to form a charter school, establish an interim local school board as its governing body, and develop a detailed implementation plan pursuant to subsection (d).

     (c)  The start-up charter school application process and schedule shall be determined by the board, and shall provide for and include the following elements:

     (1)  The submission of a letter of intent to operate a start-up charter school;

     (2)  The timely transmittal of the application form and completion guidelines to the interim local school board;

     (3)  The timely submission to the board of a completed application;

     (4)  The timely review of the application by the panel for completeness, and notification of the interim local school board if the application is complete or, if the application is insufficient, a written statement of the elements of the application that require completion;

     (5)  The timely resubmission of the application;

     (6)  Upon receipt of a completed application, the convening of the panel by the panel chairperson to begin review of the application;

     (7)  The timely notification of the applicant of any revisions the panel requests as necessary for a recommendation of approval to the board;

     (8)  The timely transmission of the panel's recommendation to the board for adjudication;

     (9)  Following the submission of an application, issuance of a charter or denial of the application by the board by majority vote; provided that if the board does not approve the application and issue a charter, provisions requiring the board to: 

         (A)  Clearly identify in writing its reasons for not issuing the charter, which may be used as guidelines for an amended plan; and

         (B)  Allow the local school board to revise its plan in accordance with the board's guidelines, and resubmit an amended plan within ten calendar days;

    (10)  A provision for a final date on which a decision must be made, upon receipt of an amended plan;

    (11)  A provision that no start-up charter school may begin operation before obtaining board approval of its charter; and

    (12)  A requirement that upon approval of the start-up charter school, the office shall submit to the board a proposed budget for funding of the start-up school for submittal to the governor and legislature.

     (d)  An application to become a start-up charter school shall include a detailed implementation plan that meets the requirements of this subsection and section 302B-9.  The plan shall include the following:

     (1)  A description of employee rights and management issues and a framework for addressing those issues that protects the rights of employees;

     (2)  A plan for identifying, recruiting, and retaining highly-qualified instructional faculty;

     (3)  A plan for identifying, recruiting, and selecting students that is not exclusive, elitist, or segregationist;

     (4)  The curriculum and instructional framework to be used to achieve student outcomes, including an assessment plan;

     (5)  A plan for the assessment of student, administrative support, and teaching personnel performance that:

         (A)  Recognizes the interests of the general public;

         (B)  Incorporates or exceeds the educational content and performance standards developed by the department for the public school system;

         (C)  Includes a system of faculty and staff accountability that holds faculty and staff both individually and collectively accountable for their performance, and that is at least equivalent to the average system of accountability in public schools throughout the State; and

         (D)  Provides for program audits and annual financial audits;

     (6)  A governance structure for the charter school that incorporates a conflict of interest policy and a plan for periodic training to carry out the duties of local school board members;

     (7)  A financial plan based on the most recent fiscal year's per-pupil charter school allocation that demonstrates the ability to meet the financial obligations of one-time, start-up costs and ongoing costs such as monthly payrolls, faculty recruitment, professional development, and facilities costs; and

     (8)  A facilities plan. [L 2006, c 298, pt of §2]