Application requirements and procedures

(A)(1) An applicant shall submit a letter of intent at least ninety days before submitting an application to the authorizer or authorizers from which it is seeking authorization and within the same school year to which it intends to apply. A copy of the letter must also be submitted to the Department of Education. (2) An applicant shall submit the application to the board of trustees or area commission from which it is seeking sponsorship and one copy to the Department of Education. In the case of the South Carolina Public Charter School District or a public or independent institution of higher learning authorizer, the applicant shall provide notice of the application to the local school board of trustees in which the charter school will be located for informational purposes only. The authorizer from which the applicant is seeking authorization may request clarifying information from the applicant. The Department of Education shall provide guidance on compliance to both the authorizer and applicants. (3) The applicant shall notify the local delegation of a county in which a proposed charter school is to be located upon submission of a charter school application and also shall provide a copy of the charter school application upon request by a member of the local delegation. (4) The Department of Education shall post for each application cycle a list of all applicants including the name of the proposed charter school, the name of the proposed authorizer, and the area in which the proposed charter school will be located. (B)(1) The applicant shall present its application at a public hearing and the authorizer from which the applicant is seeking authorization shall rule on the application for a charter school in a public hearing, upon reasonable public notice, no more than ninety days after receiving the application. If there is no ruling within ninety days, the application is considered conditionally approved pending correction by the applicant of any identified deficiencies in the application and submitted to the authorizer within thirty days of conditional approval. If the application is approved by the authorizer, the charter school may open at the beginning of the following year upon completion of a planning year. However, before a charter school may open, the charter school must meet the pre-opening conditions included in the charter contract and the Department of Education shall verify the accuracy of the financial data for the school within forty-five days after approval. (2) At least ten business days prior to an applicant's public meeting, the authorizer must provide the applicant with written notice of their public meeting, which must contain the date, location, and time of the meeting. At least five business days prior to the public meeting, the authorizer must provide the applicant with a written evaluation report using the rubric aligned with the Department of Education application and any published authorizer evaluation criteria. (3) At least two business days prior to an applicant's public meeting, the applicant must provide the authorizer with any rebuttal material the applicant intends to present at the meeting. (C) A board of trustees or area commission shall deny an application only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, or if, based on the totality of information provided by the applicant, the board of trustees or area commission determines that the applicant has failed to demonstrate a substantial likelihood that it has the capacity to establish a viable school. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately must be sent to the charter committee and filed with the State Board of Education. (D) If the board of trustees or area commission from which the applicant is seeking authorization denies a charter school application, the charter applicant may appeal the denial to the Administrative Law Court pursuant to Section 59-40-90. (E) If the board of trustees or area commission approves the application, it becomes the charter school's authorizer and shall sign the approved application. The authorizer shall submit a copy of the charter contract to the State Board of Education.