Measuring Up

 



Maine

TOTAL SCORE:
161 out of 240

Rank: 7 out of 44

Year Charter School Law Was Enacted: 2011
Estimated Number of Charter Schools in 2016-17: 9
Estimated Number of Charter School Students in 2016-17: 2,000

Maine’s law allows multiple authorizers via local school districts and a statewide authorizer, has strong quality-control components, provides operational autonomy to charter public schools, and provides equitable operational funding to charter schools. The three major weaknesses of the law include a cap of 10 state-authorized charter schools during the initial 10 years that the law is in effect (there is no cap on the number of charter schools that local school districts can approve), a relatively small number of provisions for supporting charter schools’ facilities’ needs, and inadequate accountability for full-time virtual charter schools.

Potential areas for improvement in the law are lifting the state’s cap on state-authorized charter schools, ensuring equitable access to capital funding and facilities, and strengthening accountability for full-time virtual charter schools.

Do Maine's laws align to the model law?

Model Law Component

Matches

Maine's Charter Law

Score

1. No Caps

weight = 3 | Possible total = 12

While Maine law does not limit the number of charter schools that may be approved by local school boards, it does provide that there can be no more than 10 schools approved by the State Charter Schools Commission during its first 10 years. This “cap” is repealed by statute effective 2022. There are currently nine charter schools that have been approved by the State Charter Schools Commission.

Maine law also contains temporary enrollment caps in that a charter school cannot enroll more than 5% to 10% (depending on the size of the school administrative unit) of a school administrative unit’s students per grade level in each of the first three years that a school is open.

0

1A. No numeric or geographic limits are placed on the number of charter schools or students.

1B. If caps exist, there is room for growth.

2. A Variety of Charter Public Schools Allowed

weight = 2 | Possible total = 8

Maine law allows new start-ups and public school conversions.

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2A. New startups.

2B. Public school conversions.

3. Multiple Authorizers Available

weight = 3 | Possible total = 12

Maine law provides that any local school board or a collaborative of local school boards may become an authorizer by issuing a request for proposals. In addition, the law allows charter school applicants to apply directly to the State Charter Schools Commission. The law provides that only the Commission can approve virtual schools. There is some authorizing activity by the State Charter Schools Commission but little activity by local school boards.

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3A. The state allows two or more authorizing options (e.g., school districts and a state charter schools commission) for each applicant with direct application to each authorizer.

4. Authorizer & Overall Program Accountability System Required

weight = 3 | Possible total = 12

Maine law requires that local school boards interested in authorizing must issue a request for proposal.

Maine law requires authorizers to submit an annual report to the state commissioner of education and the legislature detailing their strategic vision for chartering and progress toward that vision, the performance of all of their charter schools, the status of their charter school portfolio, the oversight and services that they provide to their charter schools, and the total amount of funds collected from each charter school the authorizer authorized and the costs incurred by the authorizer to oversee each charter school.

The law gives the state department of education the right to investigate and, as appropriate, institute sanctions in response to authorizer performance or legal compliance. In addition to any other sanction instituted, the law allows the state commissioner of education to suspend a deficient authorizer’s authority to issue new charters or renew existing charters until the commissioner is satisfied that the deficiencies have been corrected.

Statute requires that the state department of education submit a comprehensive report to the governor, legislature, and public four and eight years after charter schools have been in operation.

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4A. Registration process for school boards to affirm their interest in authorizing.

4B. Application process for other eligible authorizing entities (except a state charter schools commission).

N/A

4C. Authorizer submission of annual report.

4D. The ability for the state to conduct a review of an authorizer’s performance.

4E. The ability for the state to sanction an authorizer for poor performance, including suspending an authorizer’s authority to approve new schools.

4F. Periodic formal evaluation of overall state charter school program and outcomes.

5. Adequate Authorizer Funding

weight = 2 | Possible total = 8

Maine law allows authorizers to charge up to 3% of the per pupil allocations sent to the schools they authorize to cover the costs for an authorizer to oversee its charter schools. Statute requires authorizers to report to the state commissioner of education the total amount of funds collected from each charter school the authorizer authorized and the costs incurred by the authorizer to oversee each charter school.

Statute provides that charter schools may not be required to purchase services from its authorizer, but may choose to do so. The law provides that schools and authorizers must execute an annual service contract, separate from the charter contract, stating the terms of the services.

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5A. A uniform statewide formula that guarantees annual authorizer funding that is not subject to annual legislative appropriations.

5B. Requirement to publicly report detailed authorizer expenditures.

5C. Separate contract for any services purchased from an authorizer by a school.

5D. Prohibition on authorizers requiring schools to purchase services from them.

6. Transparent Charter Application, Review, and Decisionmaking Processes

weight = 4 | Possible total = 16

Maine law details the core elements required in the charter application and offers additional pieces for conversion schools and those proposing to use educational service providers.

Maine law requires authorizers to issue a request for proposals that includes application requirements and approval criteria.

Maine law requires authorizers to thoroughly evaluate each application including an in-person interview and a public meeting.

Maine law provides that all charter approval or denial decisions must made in a public meeting, with authorizers stating reasons for denials in writing.

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6A. Application elements for all schools.

6B. Additional application elements specific to conversion schools.

6C. Additional application elements specific to using educational service providers.

6D. Additional application elements specific to replications.

6E. Requirement for thorough evaluation of each application, including an in-person interview and a public meeting.

6F. Application approval criteria.

6G. All charter approval or denial decisions made in a public meeting with authorizers stating reasons for denials in writing.

7. Performance-Based Charter Contracts Required

weight = 4 | Possible total = 16

Maine law defines the charter contract as a performance-based contract for a fixed term between a charter school and an authorizer that describes performance expectations, provides operational responsibilities, and outlines the autonomy and accountability for each party for the contract.

Statute requires that the charter contract define academic and operational performance expectations by which a school will be judged based on a performance framework.

Statute provides that the initial charter term must be five years.

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7A. With such contracts being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.

7B. With such contracts defining the roles, powers, and responsibilities for the school and its authorizer.

7C. With such contracts defining academic, financial, and operational performance expectations by which the school will be judged based on a performance framework.

7D. With such contracts providing an initial term of five operating years.

8. Comprehensive Charter School Monitoring and Data Collection Processes

weight = 4 | Possible total = 16

While Maine law does not require authorizers to publicly issue annual school performance reports, it does explicitly require authorizers to collect, analyze, and report all outcome and financial data in accordance with the performance framework outlined in each school’s contract. In practice, the state commission issues annual reports for each charter schools and requires full-time virtual charter schools to have third party annual reports completed and made public after the first year of operation.

The law requires charter schools to annually engage an external auditor, and submit the audits to their authorizer.

Statute also provides authorizers with clear authority to monitor the performance and compliance of their charter schools.

The law provides that authorizers must provide written notice to their schools of perceived problems and provide reasonable opportunity for the school to remedy the problems.

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8A. Required annual school performance reports.

8B. Financial accountability for charter schools (e.g., generally accepted accounting principles, independent annual audit reported to authorizer).

8C. Authorizer authority to conduct oversight activities.

8D. Authorizer notification to its schools of perceived problems, with opportunities to remedy such problems.

8E. Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.

8F. Authorizer may not request duplicative data submission from its charter schools and may not use performance framework to create cumbersome reporting requirements.

9. Clear Processes for Renewal, Nonrenewal, and Revocation Decisions

weight = 4 | Possible total = 16

Maine law provides that during the fourth year of a charter school’s operation, the authorizer must issue a charter school performance report. If the charter contract is expiring the next year, the law also requires the authorizer to offer charter renewal application guidance to the school. The law requires the performance report to include data on performance to date and notice of any weaknesses or concern that may jeopardize renewal. The law requires that schools be given the opportunity to respond and submit any corrections or clarifications and to submit additional evidence. In addition, the law requires such schools to officially apply for renewal by no later than September of their fifth year of operation.

The law includes clear criteria for renewal and nonrenewal/revocation. It also requires authorizers to make their renewal decisions based on evidence of the school’s performance over the term of the charter.

Maine law provides that an authorizer may renew a charter for successive terms of five years. It also provides that an authorizer may issue a renewal for 15 years with public performance reports every five years.

The law requires authorizers to provide charter schools with timely notification of potential revocation or non-renewal, including reasons, and reasonable time to respond.

Maine law requires renewal decisions to occur via a resolution of an authorizer’s governing body, with authorizers stating reasons for non-renewals and revocations in writing.

Statute includes school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.

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9A. Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.

9B. Schools seeking renewal must apply for it.

9C. Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.

9D. Ability to have a differentiated process for renewal of high-performing charter schools.

9E. Authorizers must use clear criteria for renewal and nonrenewal/revocation.

9F. Authorizers must ground renewal decisions based on evidence regarding the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract.

9G. Requirement that authorizers close chronically low-performing charter schools unless exceptional circumstances exist.

9H. Authorizers must have the authority to vary length of charter renewal contract terms based on performance or other issues.

9I. Authorizers must provide charter schools with timely notification of potential revocation or nonrenewal (including reasons) and reasonable time to respond.

9J. Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).

9K. All charter renewal, nonrenewal, and revocation decisions must be made in a public meeting, with authorizers stating reasons for nonrenewals and revocations in writing.

9L. Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.

9M. Any transfer of charter contracts from one authorizer to another are only allowed if they are approved by the state.

10. Transparency Regarding Educational Service Providers (ESPs) Allowed

weight = 2 | Possible total = 8

Maine statute allows charter school governing boards for virtual charter schools to enter into contracts with educational service providers for education design, implementation, or comprehensive management of the virtual charter school program. However, it only allows charter school governing boards for brick and mortar charter schools to enter into contracts with educational service providers for a limited scope of education or management services.

Maine law requires the charter application to contain details regarding past performance data of any service provider and significant details regarding the terms of the proposed contract with the service provider.

The law also requires the application to contain details about any potential conflict of interests between the charter school governing board and the service provider and a statement of assurance that the two entities are legally and operationally independent of each other.

Maine rules require a charter school’s governing board, leaders, and managers to be legally and operationally independent from any education service provider. In determining whether boards, leaders, and managers are independent of the service provider, the rules require an authorizer to consider all factors, including but not limited to: whether the charter school’s governing board is selected by, or includes members who are employees of, the education service provider; whether the charter school has an independent attorney, accountant, and audit firm that works for the charter school and not the education service provider; whether the contract between the charter school and the education service provider was negotiated at “arms length,” clearly describes each party’s rights and responsibilities, and specifies reasonable and feasible terms under which either party may terminate the contract; whether the fee to be paid by the charter school to the education service provider is reasonable for the type of services provided; and whether any other agreements (e.g., loans or leases between the charter school and the education service provider) are fair and reasonable, documented appropriately, align with market rates, and include terms that will not change if the contract is terminated.

The law provides that a charter school must ensure that the persons who operate the virtual charter school on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school.

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10A. All types of educational service providers (both for-profit and nonprofit) are allowed to operate all or parts of schools.

10B. The charter application requires (1) performance data for all current and past schools operated by the ESP, and (2) explanation and evidence of the ESP’s capacity for successful growth while maintaining quality in existing schools.

10C. A performance contract is required between the independent charter school board and the ESP, with such contract approved by the school’s authorizer.

10D. School governing boards operate as entities completely independent of any ESP, individuals compensated by an ESP are prohibited from serving as voting members on such boards, and existing and potential conflicts of interest between the two entities are required to be disclosed and explained in the charter application.

10E. Provides that charter school governing boards must have access to ESP records necessary to oversee the ESP contract.

10F. An ESP must annually provide information to its charter school governing board on how that ESP spends public funding it receives when the ESP is performing a public function under applicable state law.

10G. Requires that similar criminal history record checks and fingerprinting requirements applicable to other public schools shall also be mandatory for on-site employees of ESPs who regularly come into contact with students.

11. Fiscally and Legally Autonomous Schools with Independent Charter Public School Boards

weight = 3 | Possible total = 12

Maine law states that all charter schools are to be governed by a board that is independent of a school administrative unit and has autonomy over key decisions including finance, personnel, scheduling, curriculum, and instruction.

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11A. Fiscally autonomous schools (e.g., schools have clear statutory authority to receive and disburse funds; incur debt; and pledge, assign, or encumber assets as collateral).

11B. Legally autonomous schools (e.g., schools have clear statutory authority to enter into contracts and leases, sue and be sued in their own names, and acquire real property).

11C. Independent school governing boards created specifically to govern their charter schools.

12. Clear Student Enrollment and Lottery Procedures

weight = 2 | Possible total = 8

Maine law provides that charter schools are open to any state resident as well as to residents outside of the state if space is available.

According to the law, a charter school may not discriminate on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, income level, disabling condition, proficiency in the English language or academic or athletic ability, except that nothing in the law may be construed to limit the formation of a charter school that is dedicated to focusing education services on at-risk pupils, students with disabilities and students who pose such severe disciplinary problems that they warrant a specific education program.

Maine law provides that if capacity is insufficient to enroll all students who wish to attend the school, the charter school must select students through a random selection process.

The law requires that enrollment preferences must be provided to previously enrolled students within conversions, prior year students within chartered schools, and siblings of students enrolled at a charter school.

The law allows schools to give preferences to the children of charter school founders, board members, and full-time staff, not exceeding 10% of the school’s total student population.

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12A. Open enrollment to any student in the state.

12B. Anti-discrimination provisions regarding admissions.

12C. Required enrollment preferences for previously enrolled students within conversions and for prior-year students within charter schools.

12D. Lottery requirements.

13. Automatic Exemptions from Many State and District Laws and Regulations

weight = 3 | Possible total = 12

Maine law provides that charter schools are automatically exempt from all statutes and rules other than those stated in the charter school law.

Maine law provides that teachers must comply with federal regulations regarding teacher qualifications and that full-time teachers must either hold an appropriate teaching certificate or become certified within three years except for those with an advanced degree, professional certification, or unique expertise or experience in the curricular area in which they teach.

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13A. Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles.

13B. Exemption from state teacher certification requirements.

14. Automatic Collective Bargaining Exemption

weight = 3 | Possible total = 12

Maine law provides that teachers in new start-up schools have the right to bargain collectively, but it must be separate from other bargaining units such as the district bargaining unit. The law also provides that these teachers cannot be required to be members of any existing agreement.

Maine law provides that teachers in conversion schools have a right to benefits as stated in applicable collective bargaining agreements or they may vote to be represented in alternative ways.

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14A. Charter schools authorized by nonlocal board authorizers are exempt from participation in any district collective bargaining agreements.

14B. Charter schools authorized by local boards are exempt from participation in any district collective bargaining agreements.

15. Multischool Charter Contracts and/or Multicharter Contract Boards Allowed

weight = 2 | Possible total = 8

Statute allows both multi-school contracts and multi-charter contract boards. It also makes clear that any charter school that contains multiple campuses operating under a single charter contract or overseen by a single governing board must report the performance of each campus and hold them independently accountable for its performance.

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15A. An independent charter school board may oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.

15B. An independent charter school board may hold multiple charter contracts with independent fiscal and academic accountability for each school.

16. Extracurricular and Interscholastic Activities Eligibility and Access

weight = 1 | Possible total = 4

The law states that charter students have the right to participate in extracurricular and interscholastic activities not offered by their school to the same extent and subject to the same requirements as noncharter public school students. The law provides that noncharter schools may require such students to pay a portion of the cost of providing those activities.

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16A. Laws or regulations explicitly state that charter school students and employees are eligible to participate in all extracurricular and interscholastic activities available to noncharter public school students and employees.

16B. Laws or regulations explicitly allow charter school students in schools not providing extracurricular and interscholastic activities to have access to those activities at noncharter public schools.

17. Clear Provisions Regarding Special Education Responsibilities

weight = 2 | Possible total = 8

If a local school board approves a charter school, the school district is the LEA for the school and has responsibility for special education services. If the State Charter Schools Commission approves a charter school, the charter school is the LEA and responsible for special education.

For each enrolled special education pupil, statute provides that a charter school must receive the average additional allocation calculated by the state department of education for its special education students. Statute also provides that the department shall pay directly to the charter school any federal or state aid attributable to a student with a disability attending the charter school in proportion to the level of services for the student with a disability that the charter school provides directly or indirectly.

Statute indicates that the state department of education must pay to a charter school any additional allocation assigned to the school because of a high-cost in-district placement in accordance with state law in the year in which the allocation is assigned as an adjustment to the charter school's state contribution. It also provides that the department shall pay to the charter school any additional allocation assigned to the school administrative unit because of a high-cost out-of-district special education placement in accordance with state law in the year in which the allocation is assigned.

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17A. Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.

17B. Clarity regarding the flow of federal, state, and local special education funds to the designated LEA.

17C. Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs).

17D. Clarity that charter schools have access to all regional and state services and supports available to traditional districts.

18. Equitable Operational Funding and Equal Access to All State and Federal Categorical Funding

weight = 4 | Possible total = 16

Maine law includes many of the model law’s provisions for equitable operational and categorical funding, but there is no evidence of the amount of funds charter schools receive versus districts.

Maine law provides that state allocation funds follow each student to the charter school attended by the student, but allows districts to retain up to 1% of the per-pupil allocation for administrative costs associated with the transfer of funds.

For transportation expenses, the law provides that the transportation operating allocation must be the statewide per-pupil essential programs and services transportation operating allocation multiplied by pupil counts multiplied by the percentage established by the commission for the charter school but not to exceed 100%.

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18A. Equitable operational funding statutorily driven.

18B. Equal access to all applicable categorical federal and state funding and clear guidance on the pass-through of such funds.

18C. Funding for transportation similar to school districts.

18D. Annual report offering district and charter public school funding comparisons and including annual recommendations to the legislature for any needed equity enhancements.

19. Equitable Access to Capital Funding and Facilities

weight = 4 | Possible total = 16

Maine law includes a small number of the model law’s provisions for equitable access to capital funding and facilities.

Maine law provides that charter schools have right of first refusal to purchase or lease any school facilities or property and that the price cannot exceed the fair market value of the property.

The law provides that a charter school may negotiate and contract with a school administrative unit, the governing body of a state college or university or public community college or any other public or for-profit or nonprofit private entity for the use of a school building.

According to the law, a library, community service, museum, performing arts, theater, cinema, church, community college, college and university facilities may provide space to charter schools within their facilities under their preexisting zoning and land use designations.

It also provides that a charter school may purchase or lease at or below fair market value part or all of any surplus or unused state-owned facility or property located in the State. The state agency in control of the facility may not require purchase or lease payments that exceed the fair market value of the property.

According to the law, the same zoning rules that apply to other noncharter public schools apply to charter schools.

The law provides that a facility, or portion thereof, used to house a charter school is exempt from property taxes.

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Facilities Funding

19A. A per-pupil facilities allowance that annually reflects actual average district capital costs.

19B. A state grant program for charter school facilities.

19C. Equal access to existing state facilities programs available to noncharter public schools.


Access to Public Space

19D. A requirement for districts to provide school district space or funding to charter schools if the majority of that school’s students reside in that district.

19E. Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property.


Access to Financing Tools

19F. A state loan program for charter school facilities.

19G. Equal access to tax-exempt bonding authorities or allowing charter schools to have their own bonding authority.

19H. Pledging the moral obligation of the state to help charter schools obtain more favorable bond financing terms.

19I. The creation and funding of a state charter school debt reserve fund.

19J. The inclusion of charter schools in school district bonding and mill levy requests.

19K. A mechanism to provide credit enhancement for charter school facilities.


Other

19L. Charter schools allowed to contract at or below fair market value with a school district, a college or university, or any other public or for-profit or nonprofit private entity for the use of facility for a school building.

19M. Certain entities allowed to provide space to charter schools within their facilities under their preexisting zoning and land use designations.

19N. Charter school facilities exempt from ad valorem taxes and other assessment fees not applicable to other public schools.

20. Access to Relevant Employee Retirement Systems

weight = 2 | Possible total = 8

The law provides that charter schools may establish a retirement plan or may choose to set up a plan with the state retirement system.

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20A. Charter schools have access to relevant state retirement systems available to other public schools.

20B. Charter schools have the option to participate (i.e., not required).

21. Full-Time Virtual Charter School Provisions (if such schools allowed by state)

weight = 3 | Possible total = 12

The law provides that only the State Charter Schools Commission can approve virtual schools.

According to the law, the charter contract of a virtual charter school must require the governing board to:

* Provide each student enrolled in the virtual charter school with online courses that meet or exceed state standards and all instructional materials required for the student's participation in the school;
* Ensure that the persons who operate the virtual charter school on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school;
* Ensure that a parent of each student verifies the number of hours of educational activities completed by the student each school year; and
* Adopt a plan by which the governing board provides:
• Frequent, ongoing monitoring to ensure and verify that each student is participating in the virtual charter school, including synchronous contact between teachers and students and between teachers and parents to ensure and verify student participation and learning;
• Regular instructional opportunities in real time that are directly related to the virtual charter school's curricular objectives, including, but not limited to, meetings with teachers and educational field trips and outings;
• Verification of ongoing student attendance in the virtual charter school;
• Verification of ongoing student progress and performance in each course as documented by ongoing assessments and examples of student course work; and
• Administration to all students in a proctored setting of all applicable assessments as required by the State.

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21A. An authorizing structure whereby full-time virtual charter schools that serve students from more than one district may be approved only by an authorizer with statewide chartering jurisdiction and authority, full-time virtual charter schools that serve students from one school district may be authorized by that school district, and a cap is placed on the total amount of funding that an authorizer may withhold from a full-time virtual charter school.

21B. Legally permissible criteria and processes for enrollment based on the existence of supports needed for student success.

21C. Enrollment level provisions that establish maximum enrollment levels for each year of a charter contract, with any increases in enrollment from one year to the next based on whether the school meets its performance requirements.

21D. Accountability provisions that include virtual-specific goals regarding student enrollment, attendance, engagement, achievement, truancy, and attrition.

21E. Funding levels per student based on costs proposed and justified by the operators.

21F. Performance-based funding whereby full-time virtual charter schools are funded via a performance-based funding system based on meeting the accountability performance provisions.