During the life cycle of a charter school, the school’s board may need to amend the school charter to reflect changes in operations, educational programming, location, or enrollment since the school’s founding.
Charter amendments may reflect nonmaterial (minor) or material (significant) changes. Ideally, material charter amendments are planned in advance and submitted with the charter school’s renewal application. However, there are occasions in which the school may have reason to request a material amendment during the charter term.
Overview
The Pennsylvania Charter School Law does not provide for amendments to charters, and thus the Board of Education of the School District of Philadelphia is not required to act on amendment requests from charter schools. However, through the Administrative Procedures for Policy 401, the Board has tasked the Charter Schools Office with reviewing material amendment requests made by charter schools.
Material amendments to a school’s charter may include the following:
- Enrollment Increase
- Change to Grade Levels Served
- Significant Change to Mission or Educational Plan
- Name Change to a Renaissance Charter School*
- Change in Building Location or Addition of New Facility
- Change in Charter Management Organization
*Charter Schools that are not Renaissance Charter Schools that are seeking a name change should contact the CSO for guidance about the process and documents to submit, since the name change would not be a material amendment.
Timeline
Any requests submitted during a school’s charter term must adhere to Policy 401 and its accompanying Administrative Procedures. A charter school may submit a material amendment request during its renewal year (the last year of its charter term) or mid-term (prior to the final year of its charter term) if eligibility requirements are met.
Renewal Amendment Requests: Renewal Material Charter Amendment requests must be submitted with required documents by October 15 of the renewal year. The CSO may request revised or supplemental documentation during the evaluation process.
Mid-Term Amendment Requests: If eligibility requirements are met, Mid-Term Material Charter Amendment requests must be submitted with required documents by January 15 of the school year prior to the effective date of the proposed charter amendment. The CSO may request revised or supplemental documentation during the evaluation process.
In the event of an unforeseen emergency requiring an immediate change in a charter school facility or location, the charter school shall submit a Mid-Term Material Charter Amendment request within a reasonable period of time, and the amendment request may be approved by the Board as a ratification of the change in facility or location.
Process
Submission: Charter schools should use the amendment guidelines, which are updated annually by the Charter Schools Office, to complete an amendment request. Schools should follow these steps:
- Request amendment guidelines (sample Part II guidelines) from the Charter Schools Office.
- Contact the Charter Schools Office to set up a phone call or meeting with the School Leader and Board Chair to discuss the proposed charter amendment request.
- Obtain approval from the Charter School’s Board of Trustees to pursue the amendment request through a documented board vote.
- Gather input and support from staff and families. Actively engage and seek the support of the potentially affected community members about the proposed charter amendment.
- Complete the following parts of the charter amendment request: Part I: General Information (all applicants); and Part II: Narrative for the specific type of request
- Attach supporting documents (e.g., enrollment table, budget, evidence of community engagement and support, Board resolution, etc.).
- Submit the charter amendment request by the appropriate deadline: October 15 (for schools in the renewal year) or January 15 (mid-term).
Processing: When the CSO receives a request from a charter school to amend its charter, the CSO first reviews the request as submitted. After the initial review of a charter amendment request, the CSO may request additional documentation from the charter school to conduct a more comprehensive evaluation of the charter amendment request. The CSO will evaluate the amendment request if it meets the eligibility requirements outlined in Administrative Procedures of Policy 401.
Review: Once the CSO has received requested supporting documentation from the charter school, the CSO will evaluate the request and share its evaluation report (which includes a recommendation) with the Board. During this evaluation period, the CSO, at its discretion, may ask clarifying questions of the charter school and request supplemental documentation.
Consideration at Board’s Discretion: The Board may consider a Material Charter Amendment request at a public meeting of the Board at its discretion. Any decision by the Board on an amendment request shall not be an adjudication and cannot be appealed to the State Charter School Appeal Board, any administrative agency, or any court. Failure of the Board to act on an amendment request shall not be deemed grant of or a deemed denial of the amendment request.