AL
Alabama House Bill HB363

Alabama 2023 Regular Session

Alabama House Bill HB363 Compare Versions

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44 By Representatives Collins, DuBose, Baker, Holk-Jones,
55 Paramore, Estes, Moore (P)
66 RFD: Education Policy
77 First Read: 20-Apr-23
8-2023 Regular Session
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16-Enrolled, An Act,
15+SYNOPSIS:
16+Under existing law, the Alabama School Choice
17+and Student Opportunity Act provides for the creation
18+of public charter schools in the state.
19+This bill would change the appointment process
20+for the Alabama Public Charter School Commission, would
21+authorize the commission to hire staff, and would
22+require commissioners to receive annual training.
23+This bill would provide additional guidelines
24+for the authorizing and application review process.
25+This bill would provide further for the
26+operational and categorical funding of public charter
27+schools in their first year of operation.
28+This bill would also clarify that conversion
29+public charter schools receive the full per pupil
30+federal, state, and local revenue intended to support
31+the conversion public charter school and its
32+educational responsibilities to students.
33+A BILL
34+TO BE ENTITLED
35+AN ACT
1736 Relating to the Alabama School Choice and Student
18-Opportunity Act; to amend Sections 16-6F-5, 16-6F-6, and
19-16-6F-10, Code of Alabama 1975, to change the appointment
20-process for the Alabama Public Charter School Commission; to
21-authorize the commission to hire staff; to require
22-commissioners to receive annual training; to provide
23-additional guidelines for the authorizing and application
24-review process; to provide further for the operational and
25-categorical funding of public charter schools in their first
26-year of operation; and to clarify the per pupil federal,
27-state, and local funding of conversion public charter schools
28-during their first year of operation.
29-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30-Section 1. Sections 16-6F-5, 16-6F-6, and 16-6F-10 of
31-the Code of Alabama 1975, are amended to read as follows:
32-"§16-6F-5
33-(a) Open enrollment.
34-(1) A public charter school shall be open to any
35-student residing in the state.
36-(2) A school system shall not require any student
37-enrolled in the school system to attend a start-up public
38-charter school.
39-(3) A public charter school shall not limit admission
40-based on ethnicity, national origin, religion, gender, income
41-level, disability, proficiency in the English language, or
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66+Opportunity Act; to amend Sections 16-6F-5, 16-6F-6, and
67+16-6F-10, Code of Alabama 1975, to change the appointment
68+process for the Alabama Public Charter School Commission; to
69+authorize the commission to hire staff; to require
70+commissioners to receive annual training; to provide
71+additional guidelines for the authorizing and application
72+review process; to provide further for the operational and
73+categorical funding of public charter schools in their first
74+year of operation; and to clarify the per pupil federal,
75+state, and local funding of conversion public charter schools
76+during their first year of operation.
77+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
78+Section 1. Sections 16-6F-5, 16-6F-6, and 16-6F-10 of
79+the Code of Alabama 1975, are amended to read as follows:
80+"§16-6F-5
81+(a) Open enrollment.
82+(1) A public charter school shall be open to any
83+student residing in the state.
84+(2) A school system shall not require any student
85+enrolled in the school system to attend a start-up public
86+charter school.
87+(3) A public charter school shall not limit admission
88+based on ethnicity, national origin, religion, gender, income
89+level, disability, proficiency in the English language, or
7190 academic or athletic ability.
7291 (4) A public charter school may limit admission to
7392 students within a given age group or grade level and may be
7493 organized around a special emphasis, theme, or concept as
75-stated in the school's charter application, but fluency or
76-competence in the theme may not be used as a standard for
77-enrollment.
78-(5) A public charter school shall enroll all students
79-who wish to attend the school, unless the number of students
80-exceeds the capacity of the facility identified for the public
81-charter school.
82-(6) If facility capacity is insufficient to enroll all
83-students who wish to attend a start-up public charter school,
84-the school shall select students through a random selection
85-process. The school shall first enroll students who reside
86-within the school system in which the public charter school is
87-located. If the number of local students wanting to enroll
88-exceeds the facility's capacity, then the school shall conduct
89-a random selection process to enroll students who reside in
90-the local school system. If the school has additional capacity
91-after admitting students from the local school system, then
92-the school shall admit any students without regard to their
93-residency by a random selection process. The selection shall
94-take place in a public meeting, called by the governing body
95-of the public charter school, and following all posting and
96-notice requirements prescribed by the Alabama Open Meetings
97-Act.
98-(7) Any non-charter public school converting partially
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123+stated in the school's charter application, but fluency or
124+competence in the theme may not be used as a standard for
125+enrollment.
126+(5) A public charter school shall enroll all students
127+who wish to attend the school, unless the number of students
128+exceeds the capacity of the facility identified for the public
129+charter school.
130+(6) If facility capacity is insufficient to enroll all
131+students who wish to attend a start-up public charter school,
132+the school shall select students through a random selection
133+process. The school shall first enroll students who reside
134+within the school system in which the public charter school is
135+located. If the number of local students wanting to enroll
136+exceeds the facility's capacity, then the school shall conduct
137+a random selection process to enroll students who reside in
138+the local school system. If the school has additional capacity
139+after admitting students from the local school system, then
140+the school shall admit any students without regard to their
141+residency by a random selection process. The selection shall
142+take place in a public meeting, called by the governing body
143+of the public charter school, and following all posting and
144+notice requirements prescribed by the Alabama Open Meetings
145+Act.
146+(7) Any non-charter public school converting partially
128147 or entirely to a public charter school shall adopt and
129148 maintain a policy giving enrollment preference to students who
130149 reside within the former attendance area of that public
131150 school.
132-After all students who reside within the former
133-attendance area of that public school are enrolled, enrollment
134-shall first be opened to students residing within the local
135-school system and then outside the local school system, as set
136-forth in subdivision (6).
137-(8) A public charter school shall give enrollment
138-preference to students enrolled in the public charter school
139-the previous school year and to siblings of students already
140-enrolled in the public charter school.
141-(9) A public charter school may give enrollment
142-preference to children of a public charter school's founders,
143-governing board members, and full-time employees, so long as
144-they constitute no more than 10 percent of the school's total
145-student population.
146-(10) A public charter school may give enrollment
147-preference to children living within a certain geographical
148-boundary, so long as the overall enrollment of the public
149-charter school includes a majority of at-risk students. The
150-proposed boundary shall be approved by the authorizer.
151-(10)(11) This subsection does not preclude the
152-formation of a public charter school whose mission is focused
153-on serving special education students, students of the same
154-gender, students who pose such severe disciplinary problems
155-that they warrant a specific educational program, or students
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180+After all students who reside within the former
181+attendance area of that public school are enrolled, enrollment
182+shall first be opened to students residing within the local
183+school system and then outside the local school system, as set
184+forth in subdivision (6).
185+(8) A public charter school shall give enrollment
186+preference to students enrolled in the public charter school
187+the previous school year and to siblings of students already
188+enrolled in the public charter school.
189+(9) A public charter school may give enrollment
190+preference to children of a public charter school's founders,
191+governing board members, and full-time employees, so long as
192+they constitute no more than 10 percent of the school's total
193+student population.
194+(10) A public charter school may give enrollment
195+preference to children living within a certain geographical
196+boundary, so long as the overall enrollment of the public
197+charter school includes a majority of at-risk students. The
198+proposed boundary shall be approved by the authorizer.
199+(10)(11) This subsection does not preclude the
200+formation of a public charter school whose mission is focused
201+on serving special education students, students of the same
202+gender, students who pose such severe disciplinary problems
203+that they warrant a specific educational program, or students
185204 who are at risk of academic failure. Notwithstanding the
186205 stated mission of the public charter school, any student may
187206 attend.
188207 (11)(12) This subsection does not preclude the
189-formation of a public charter school, that is located on or
190-within one mile of a military installation, whose mission is
191-focused on serving students who are dependents of military
192-members or Department of Defense civilian employees that are
193-permanently assigned to that military installation. If the
194-number of dependent students wanting to enroll exceeds the
195-facility's capacity, then the school shall conduct a random
196-selection process to enroll those students. If the school has
197-additional capacity after admitting those dependent students
198-of parents assigned to the military installation, then the
199-school shall admit students first from the local school system
200-by a random selection process and then without regard to their
201-residency by a random selection process, as capacity permits.
202-The selection shall take place in a public meeting, called by
203-the governing body of the public charter school, and following
204-all posting and notice requirements prescribed by the Alabama
205-Open Meetings Act. Once the total number of students enrolled
206-in the school reaches 400, all additional admitted students
207-shall be dependents of military members or Department of
208-Defense civilian employees who are permanently assigned to
209-that military installation.
210-(b) Credit transferability. If a student who was
211-previously enrolled in a public charter school enrolls in
212-another public school in Alabama, the student's new school
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237+formation of a public charter school, that is located on or
238+within one mile of a military installation, whose mission is
239+focused on serving students who are dependents of military
240+members or Department of Defense civilian employees that are
241+permanently assigned to that military installation. If the
242+number of dependent students wanting to enroll exceeds the
243+facility's capacity, then the school shall conduct a random
244+selection process to enroll those students. If the school has
245+additional capacity after admitting those dependent students
246+of parents assigned to the military installation, then the
247+school shall admit students first from the local school system
248+by a random selection process and then without regard to their
249+residency by a random selection process, as capacity permits.
250+The selection shall take place in a public meeting, called by
251+the governing body of the public charter school, and following
252+all posting and notice requirements prescribed by the Alabama
253+Open Meetings Act. Once the total number of students enrolled
254+in the school reaches 400, all additional admitted students
255+shall be dependents of military members or Department of
256+Defense civilian employees who are permanently assigned to
257+that military installation.
258+(b) Credit transferability. If a student who was
259+previously enrolled in a public charter school enrolls in
260+another public school in Alabama, the student's new school
242261 shall accept credits earned by the student in courses or
243262 instructional programs at the public charter school in a
244263 uniform and consistent manner and according to the same
245264 criteria that are used to accept academic credits from other
246-public schools. Nothing in this chapter shall prevent local
247-school systems from administering placement tests for newly
248-enrolled students who were previously enrolled in a public
249-charter school.
250-(c) Determination of student capacity of public charter
251-schools. The capacity of the public charter school shall be
252-determined annually by the governing board of the public
253-charter school in conjunction with the authorizer and in
254-consideration of the public charter school's ability to
255-facilitate the academic success of its students, to achieve
256-the other objectives specified in the charter contract, and to
257-ensure that its student enrollment does not exceed the
258-capacity of its facility or site.
259-(d) Student information. A public charter school shall
260-maintain records on all enrolled students utilizing the state
261-adopted Alabama Student Information System (ASIM)."
262-"§16-6F-6
263-(a) Eligible authorizing entities.
264-(1) A public charter school shall not be established in
265-this state unless its establishment is authorized by this
266-section. No governmental entity or other entity, other than an
267-entity expressly granted chartering authority as set forth in
268-this section, may assume any authorizing function or duty in
269-any form. The following entities shall be authorizers of
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294+public schools. Nothing in this chapter shall prevent local
295+school systems from administering placement tests for newly
296+enrolled students who were previously enrolled in a public
297+charter school.
298+(c) Determination of student capacity of public charter
299+schools. The capacity of the public charter school shall be
300+determined annually by the governing board of the public
301+charter school in conjunction with the authorizer and in
302+consideration of the public charter school's ability to
303+facilitate the academic success of its students, to achieve
304+the other objectives specified in the charter contract, and to
305+ensure that its student enrollment does not exceed the
306+capacity of its facility or site.
307+(d) Student information. A public charter school shall
308+maintain records on all enrolled students utilizing the state
309+adopted Alabama Student Information System (ASIM)."
310+"§16-6F-6
311+(a) Eligible authorizing entities.
312+(1) A public charter school shall not be established in
313+this state unless its establishment is authorized by this
314+section. No governmental entity or other entity, other than an
315+entity expressly granted chartering authority as set forth in
316+this section, may assume any authorizing function or duty in
317+any form. The following entities shall be authorizers of
299318 public charter schools:
300319 a. A local school board, for chartering of schools
301320 within the boundaries of the school system under its
302321 jurisdiction, pursuant to state law.
303-b. The Alabama Public Charter School Commission,
304-pursuant to this section.
305-(2) A local school board that registers as an
306-authorizer may approve or deny an application to form a public
307-charter school within the boundaries of the local school
308-system overseen by the local school board.
309-(3) All authorizing entities shall prioritize those
310-applications that are focused on serving at-risk students.
311-(4) A decision made by a local school board shall be
312-subject to appeal to the commission. The commission may hear
313-an application for the formation of a public charter school by
314-an applicant only if one of the following factors is met:
315-a. An application to form a public charter school is
316-denied by the local school board overseeing that system and
317-the applicant chooses to appeal the decision of the local
318-school board to the commission.
319-b. The applicant wishes to open a start-up public
320-charter school in a public school system that has chosen not
321-to register as an authorizer.
322-(b) Public charter school cap.
323-(1) Authorizers may not approve more than 10 start-up
324-public charter schools in a fiscal year.
325-(2) Upon receiving notice of approval of the tenth
326-start-up public charter school to be approved in a fiscal
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351+b. The Alabama Public Charter School Commission,
352+pursuant to this section.
353+(2) A local school board that registers as an
354+authorizer may approve or deny an application to form a public
355+charter school within the boundaries of the local school
356+system overseen by the local school board.
357+(3) All authorizing entities shall prioritize those
358+applications that are focused on serving at-risk students.
359+(4) A decision made by a local school board shall be
360+subject to appeal to the commission. The commission may hear
361+an application for the formation of a public charter school by
362+an applicant only if one of the following factors is met:
363+a. An application to form a public charter school is
364+denied by the local school board overseeing that system and
365+the applicant chooses to appeal the decision of the local
366+school board to the commission.
367+b. The applicant wishes to open a start-up public
368+charter school in a public school system that has chosen not
369+to register as an authorizer.
370+(b) Public charter school cap.
371+(1) Authorizers may not approve more than 10 start-up
372+public charter schools in a fiscal year.
373+(2) Upon receiving notice of approval of the tenth
374+start-up public charter school to be approved in a fiscal
356375 year, the department shall provide notice to all authorizers
357376 that the cap has been reached and no new start-up public
358377 charter schools may be approved in that fiscal year.
359378 (3) The cap expires on April 1 immediately following
360-the conclusion of the fiscal year beginning October 1, 2020.
361-(4) At the conclusion of the fiscal year beginning
362-October 1, 2020, the department shall submit a report to the
363-Legislature outlining the performance of both start-up and
364-conversion public charter schools. This report shall include,
365-at a minimum, academic performance of all public charter
366-schools in the state, a detailed update on the authorizing
367-process, and recommendations for adjustments to public charter
368-school governance and oversight.
369-(5) There is no limit on the number of conversion
370-public charter schools that may be approved.
371-(c) The Alabama Public Charter School Commission.
372-(1) The commission is established as an independent
373-state entity.
374-(2) The mission of the commission is to authorize high
375-quality public charter schools, in accordance with the powers
376-expressly conferred on the commission in this chapter.
377-(3)a. The initial membership of the commission shall be
378-composed of a total of 11 members. consist of the following:
379-The State Board of Education shall appoint 10 members, made up
380-of four appointees recommended by the Governor, one appointee
381-recommended by the Lieutenant Governor, two appointees
382-recommended by the President Pro Tempore of the Senate, and
383-three appointees recommended by the Speaker of the House of
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408+the conclusion of the fiscal year beginning October 1, 2020.
409+(4) At the conclusion of the fiscal year beginning
410+October 1, 2020, the department shall submit a report to the
411+Legislature outlining the performance of both start-up and
412+conversion public charter schools. This report shall include,
413+at a minimum, academic performance of all public charter
414+schools in the state, a detailed update on the authorizing
415+process, and recommendations for adjustments to public charter
416+school governance and oversight.
417+(5) There is no limit on the number of conversion
418+public charter schools that may be approved.
419+(c) The Alabama Public Charter School Commission.
420+(1) The commission is established as an independent
421+state entity.
422+(2) The mission of the commission is to authorize high
423+quality public charter schools, in accordance with the powers
424+expressly conferred on the commission in this chapter.
425+(3)a. The initial membership of the commission shall be
426+composed of a total of 11 members. consist of the following:
427+The State Board of Education shall appoint 10 members, made up
428+of four appointees recommended by the Governor, one appointee
429+recommended by the Lieutenant Governor, two appointees
430+recommended by the President Pro Tempore of the Senate, and
431+three appointees recommended by the Speaker of the House of
413432 Representatives. The Governor, the Lieutenant Governor, the
414433 President Pro Tempore of the Senate, and the Speaker of the
415434 House of Representatives shall each recommend a list of no
416435 fewer than two nominees for each initial appointment to the
417-commission. One recommended initial appointee of the President
418-Pro Tempore of the Senate and one recommended initial
419-appointee of the Speaker of the House of Representatives shall
420-be an appointee recommended by members of the Senate minority
421-party and members of the House minority party, respectively.
422-No commission member can be appointed unless he or she has
423-been recommended by the Governor, Lieutenant Governor,
424-President Pro Tempore of the Senate, or the Speaker of the
425-House of Representatives.
426-b. Commencing on the effective date of the act adding
427-this paragraph, as the terms of the then serving members
428-expire, the nominating authority for that respective serving
429-member shall become the appointing authority for his or her
430-successor on the commission so that the Governor shall appoint
431-four members to the commission, the Lieutenant Governor shall
432-appoint two members to the commission, the President Pro
433-Tempore of the Senate shall appoint two members to the
434-commission, and the Speaker of the House of Representatives
435-shall appoint three members to the commission. At least one
436-member appointed by the President Pro Tempore of the Senate
437-shall be an appointee recommended Commencing on the effective
438-date of the act adding this paragraph, one additional member
439-shall be appointed by the Minority Leader of the Senate and at
440-least one additional member shall be appointed by the Speaker
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470-of the House of Representatives shall be an appointee
471-recommended by the Minority Leader of the House of
472-Representatives for four-year terms of office as provided in
473-subdivision (6).
465+commission. One recommended initial appointee of the President
466+Pro Tempore of the Senate and one recommended initial
467+appointee of the Speaker of the House of Representatives shall
468+be an appointee recommended by members of the Senate minority
469+party and members of the House minority party, respectively.
470+No commission member can be appointed unless he or she has
471+been recommended by the Governor, Lieutenant Governor,
472+President Pro Tempore of the Senate, or the Speaker of the
473+House of Representatives.
474+b. Commencing on the effective date of the act adding
475+this paragraph, as the terms of the then serving members
476+expire, the nominating authority for that respective serving
477+member shall become the appointing authority for his or her
478+successor on the commission so that the Governor shall appoint
479+four members to the commission, the Lieutenant Governor shall
480+appoint two members to the commission, the President Pro
481+Tempore of the Senate shall appoint two members to the
482+commission, and the Speaker of the House of Representatives
483+shall appoint three members to the commission.
474484 (4) The eleventh member of the commission shall be a
475485 rotating position based on the local school system where the
476486 application was denied. This member appointed to the rotating
477487 position shall be appointed by the local school system where
478488 the applicant is seeking to open a public charter school. The
479489 local school system shall appoint a member to the rotating
480490 position through board action specifically to consider that
481491 application.
482492 (5)(4) The appointing authorities of the commission
483-members shall strive to select individuals that collectively
484-possess strong experience and expertise in public and
485-nonprofit governance, strategic planning, management and
486-finance, public school leadership, assessment, curriculum and
487-instruction, and public education law. Each member of the
488-commission shall have demonstrated understanding of and
489-commitment to charter schooling as a tool for strengthening
490-public education and shall sign an agreement to hear the
491-appeal and review documents in a fair and impartial manner.
492-(6)(5) Membership of the commission shall be inclusive
493-and reflect the racial, gender, geographic, urban/rural, and
494-economic diversity of the state. The appointing authority
495-shall consider the eight State Board of Education districts in
496-determining the geographical diversity of the commission.
497-(7)(6) The initial appointments to the commission shall
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522+members shall strive to select individuals that collectively
523+possess strong experience and expertise in public and
524+nonprofit governance, strategic planning, management and
525+finance, public school leadership, assessment, curriculum and
526+instruction, and public education law. Each member of the
527+commission shall have demonstrated understanding of and
528+commitment to charter schooling as a tool for strengthening
529+public education and shall sign an agreement to hear the
530+appeal and review documents in a fair and impartial manner.
531+(6)(5) Membership of the commission shall be inclusive
532+and reflect the racial, gender, geographic, urban/rural, and
533+economic diversity of the state. The appointing authority
534+shall consider the eight State Board of Education districts in
535+determining the geographical diversity of the commission.
536+(7)(6) The initial appointments to the commission shall
527537 be made no later than June 1, 2015. Two recommended initial
528538 appointees of the Governor, one recommended initial appointee
529539 of the Lieutenant Governor, one recommended initial appointee
530540 of the Speaker of the House of Representatives, and one
531541 recommended initial appointee of the President Pro Tempore of
532542 the Senate shall serve an initial term of one year and two
533543 recommended initial appointees of the Governor, two
534544 recommended initial appointees of the Speaker of the House of
535545 Representatives, and one recommended initial appointee of the
536546 President Pro Tempore of the Senate shall serve an initial
537547 term of two years. Thereafter, all appointees shall serve
538548 two-year four-year terms of office. All appointments shall be
539549 eligible for reappointment as determined by the appointing
540-authority, not to exceed a total of six eight years of
541-service, unless the member was initially appointed to serve a
542-one-year term of office. If the initial term of office of an
543-appointee was one year, he or she may serve a total of five
544-nine years of service on the commission.
545-(8)(7) A member of the commission may be removed for
546-failure to perform the duties of the appointment. Whenever a
547-vacancy on the commission exists, the appointing authority,
548-within 60 days after the vacancy occurs, shall appoint a
549-member for the remaining portion of the term in the same
550-manner as the original appointment was made. A member of the
551-commission shall abstain from any vote that involves a local
552-school system of which he or she is an employee or which he or
553-she oversees as a member of a local school board. The
554-requirement to abstain does not apply to the rotating position
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579+authority, not to exceed a total of six eight years of
580+service, unless the member was initially appointed to serve a
581+one-year term of office. If the initial term of office of an
582+appointee was one year, he or she may serve a total of five
583+nine years of service on the commission.
584+(8)(7) A member of the commission may be removed for
585+failure to perform the duties of the appointment. Whenever a
586+vacancy on the commission exists, the appointing authority,
587+within 60 days after the vacancy occurs, shall appoint a
588+member for the remaining portion of the term in the same
589+manner as the original appointment was made. A member of the
590+commission shall abstain from any vote that involves a local
591+school system of which he or she is an employee or which he or
592+she oversees as a member of a local school board. The
593+requirement to abstain does not apply to the rotating position
584594 on the commission.
585595 (9)(8) Six members of the commission constitute a
586596 quorum, and a quorum shall be necessary to transact business.
587597 Actions of the commission shall be by a majority vote of the
588598 commission. The commission, in all respects, shall comply with
589599 the Alabama Open Meetings Act and state record laws.
590600 Notwithstanding the preceding sentence, members of the
591601 commission may participate in a meeting of the commission by
592602 means of telephone conference, video conference, or similar
593603 communications equipment by means of which all persons
594604 participating in the meeting may hear each other at the same
595605 time. Participation by such means shall constitute presence in
596606 person at a meeting for all purposes, including the
597-establishment of a quorum. Telephone or video conference or
598-similar communications equipment shall also allow members of
599-the public the opportunity to simultaneously listen to or
600-observe meetings of the commission.
601-(10)(9) If the commission overrules the decision of a
602-local school board and chooses to authorize the establishment
603-of a public charter school in that local school system, the
604-commission shall serve as the authorizer for that public
605-charter school, pursuant to this chapter.
606-(10) Each member of the commission, upon assuming
607-office, shall complete an orientation program, and an annual
608-training program thereafter, as developed by the commission.
609-The orientation program shall focus on roles and
610-responsibilities of charter school authorizers, laws impacting
611-commissioners as public officials, general education laws, and
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636+establishment of a quorum. Telephone or video conference or
637+similar communications equipment shall also allow members of
638+the public the opportunity to simultaneously listen to or
639+observe meetings of the commission.
640+(10)(9) If the commission overrules the decision of a
641+local school board and chooses to authorize the establishment
642+of a public charter school in that local school system, the
643+commission shall serve as the authorizer for that public
644+charter school, pursuant to this chapter.
645+(10) Each member of the commission, upon assuming
646+office, shall complete an orientation program, and an annual
647+training program thereafter, as developed by the commission.
648+The orientation program shall focus on roles and
649+responsibilities of charter school authorizers, laws impacting
650+commissioners as public officials, general education laws, and
641651 best practices. In developing and implementing the programs,
642652 the commission may consult national or state organizations
643653 with training expertise. Before the start of each regular
644654 legislative session, the commission shall provide a report to
645655 each appointing authority regarding the implementation and
646656 effectiveness of the programs. Failure to attend and complete
647657 a required orientation or annual training program may
648658 constitute grounds for removal from the commission by the
649659 appointing authority.
650660 (11) The commission may do any of the following:
651661 a. Utilize professional and administrative staff of the
652662 department as recommended by the State Superintendent of
653663 Education.
654-a. Upon evaluation and agreement, share services,
655-facilities, supplies, and related costs with the department.
656-b. Adopt rules for the operation and organization of
657-the commission.
658-c. Review, at least once per year, department rules and
659-regulations concerning public charter schools and, if needed,
660-recommend to the State Superintendent of Education any rule or
661-regulation changes deemed necessary.
662-d. Convene stakeholder groups and engage experts.
663-e. Seek and receive state, federal, and private funds
664-for operational expenses.
665-f. Employ professional, administrative, technical, and
666-clerical staff, without regard to the state Merit System, who
667-shall serve at the pleasure of the commission. Staff employed
668-pursuant to this paragraph shall receive compensation and
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693+a. Upon evaluation and agreement, share services,
694+facilities, supplies, and related costs with the department.
695+b. Adopt rules for the operation and organization of
696+the commission implementation and administration of this
697+chapter.
698+c. Review, at least once per year, department rules and
699+regulations concerning public charter schools and, if needed,
700+recommend to the State Superintendent of Education any rule or
701+regulation changes deemed necessary.
702+d. Convene stakeholder groups and engage experts.
703+e. Seek and receive state, federal, and private funds
704+for operational expenses.
705+f. Employ professional, administrative, technical, and
706+clerical staff, without regard to the state Merit System, who
707+shall serve at the pleasure of the commission. Staff employed
708+pursuant to this paragraph shall receive compensation and
698709 benefits established by the commission, payable in the same
699710 manner as state employees.
700711 f.(12) A commission member may not receive
701712 compensation, but shall be reimbursed by the department for
702713 travel and per diem expenses at the same rates and in the same
703714 manner as state employees.
704715 g.(13) The commission shall submit an annual report to
705716 the department pursuant to subsection (g).
706717 (12)(14) In order to overrule the decision of a local
707718 school board and authorize a public charter school, the
708719 commission, in its own consideration of the application, shall
709720 do all of the following:
710-a. Find evidence of a thorough and high-quality public
711-charter school application from the applicant based on the
712-authorizing standards in subdivision (8) of subsection (a) of
713-Section 16-6F-7.
714-b. Hold an open community hearing opportunity for
715-public comment within the local school system where the
716-application was denied.
717-c. Find that the local board's denial of an original
718-charter application was is not supported by the then current
719-application and exhibits.
720-d. Take into consideration all of the following:
721-1. other Other existing charter school applications ,.
722-2. the The quality of school options existing in the
723-affected community ,.
724-3. the The existence of other charter schools , and.
725-4. any Any other factors considered relevant to ensure
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750+a. Find evidence of a thorough and high-quality public
751+charter school application from the applicant based on the
752+authorizing standards in subdivision (8) of subsection (a) of
753+Section 16-6F-7.
754+b. Hold an open community hearing opportunity for
755+public comment within the local school system where the
756+application was denied.
757+c. Find that the local board's denial of an original
758+charter application was is not supported by the then current
759+application and exhibits.
760+d. Take into consideration all of the following:
761+1. other Other existing charter school applications ,.
762+2. the The quality of school options existing in the
763+affected community ,.
764+3. the The existence of other charter schools , and.
765+4. any Any other factors considered relevant to ensure
755766 the establishment of high-quality charter schools in
756767 accordance with the intent of this chapter.
757768 e. Find evidence that the local school board erred in
758769 its application of nationally recognized authorizing
759770 standards.
760-e. At least 15 days prior to consideration of the
761-application, send a letter to the chair of the local school
762-board where the denial originated informing the local school
763-board that the commission will hear the appeal pursuant to a
764-public hearing and will provide the chair, or his or her
765-designee, the opportunity to address the commission at that
766-public hearing.
767771 (d)(1) A local school board may register with apply to
768772 the department for chartering authority within the boundaries
769773 of the school system overseen by the local school board. The
770774 department shall publicize to all local school boards the
771775 opportunity to register with apply to the state for chartering
772776 authority within the school system they oversee. By June 1 of
773777 each year, the department shall provide information about the
774-opportunity, including a registration an application deadline,
775-to all local school boards. To register apply as a charter
776-authorizer in its school system, each interested local school
777-board shall submit the following information in a format to be
778-established by the department:
779-(1)a. Written notification of intent to serve as a
780-charter authorizer in accordance with this chapter.
781-(2)b. An explanation of the local school board's
782-capacity and commitment to execute the duties of quality
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807+opportunity, including a registration an application deadline,
808+to all local school boards. To register apply as a charter
809+authorizer in its school system, each interested local school
810+board shall submit the following information in a format to be
811+established by the department:
812+(1)a. Written notification of intent to serve as a
813+charter authorizer in accordance with this chapter.
814+(2)b. An explanation of the local school board's
815+capacity and commitment to execute the duties of quality
812816 charter authorizing, as defined by nationally recognized
813817 authorizing standards.
814818 (3)c. An explanation of the local school board's
815819 strategic vision for chartering.
816820 (4)d. An explanation of how the local school board
817821 plans to solicit public charter school applicants, in
818822 accordance with this chapter.
819823 (5)e. A description or outline of the performance
820824 framework the local school board will use to guide the
821825 establishment of a charter contract and for ongoing oversight
822826 and evaluation of public charter schools, consistent with the
823827 requirements of this chapter.
824828 (6)f. A draft of the local school board's renewal,
825829 revocation, and nonrenewal processes, consistent with
826830 subsection (c) of Section 16-6F-8.
827831 (7)g. A statement of assurance that the local school
828832 board commits to serving as a charter authorizer and shall
829833 fully participate in any an annual authorizer training
830834 provided or required by the state approved by the department .
831-(2) Once chartering authority is granted, the
832-registered local school board shall reapply to be an
833-authorizer every five years if the local school board wishes
834-to continue serving as an authorizer.
835-(e) If a local school board chooses not to register as
836-an authorizer, all applications seeking to open a start-up
837-public charter school within that local school board's
838-boundaries shall be denied. Applicants wishing to open a
839-public charter school physically located in that local school
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864+(2) Once chartering authority is granted, the
865+registered local school board shall reapply to be an
866+authorizer every five years.
867+(e) If a local school board chooses not to register as
868+an authorizer, all applications seeking to open a start-up
869+public charter school within that local school board's
870+boundaries shall be denied. Applicants wishing to open a
871+public charter school physically located in that local school
869872 system may apply directly to the commission.
870873 (f) An authorizer may do all of the following:
871874 (1) Solicit, invite, receive, and evaluate applications
872875 from organizers of proposed public charter schools.
873876 (2) Approve applications that meet identified
874877 educational needs.
875878 (3) Deny applications that do not meet identified
876879 educational needs.
877880 (4) Create a framework to guide the development of
878881 charter contracts.
879882 (5) Negotiate and execute charter contracts with each
880883 approved public charter school.
881884 (6) Monitor the academic, fiscal, and organizational
882885 performance and compliance of public charter schools.
883886 (7) Determine whether each charter contract merits
884887 renewal or revocation.
885888 (g) An authorizer shall submit to the State Board of
886889 Education a publicly accessible annual report within 60 days
887890 after the end of each school fiscal year summarizing all of
888891 the following:
889-(1) The authorizer's strategic vision for chartering
890-and progress toward achieving that vision.
891-(2) The academic and financial performance of all
892-operating public charter schools overseen by the authorizer,
893-according to the performance measures and expectations
894-specified in the charter contracts.
895-(3) The status of the public charter school portfolio
896-of the authorizer, identifying all public charter schools
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921+(1) The authorizer's strategic vision for chartering
922+and progress toward achieving that vision.
923+(2) The academic and financial performance of all
924+operating public charter schools overseen by the authorizer,
925+according to the performance measures and expectations
926+specified in the charter contracts.
927+(3) The status of the public charter school portfolio
928+of the authorizer, identifying all public charter schools
926929 within that portfolio as one of the following:
927930 a. Approved, but not yet open.
928931 b. Open and operating.
929932 c. Terminated.
930933 d. Closed, including year closed and reason for
931934 closing.
932935 e. Never opened.
933936 (4) The oversight and services, if any, provided by the
934937 authorizer to the public charter schools under the purview of
935938 the authorizer.
936939 (5) The authorizing functions provided by the
937940 authorizer to the public charter schools under its
938941 jurisdiction, including the operating costs and expenses of
939942 the authorizer detailed in annual audited financial statements
940943 that conform to generally accepted accounting principles.
941944 (6) All use of taxpayer dollars including expenditures,
942945 contracts, and revenues.
943946 (h) To cover costs for overseeing and authorizing
944947 public charter schools in accordance with this chapter, a
945948 local school board serving as an authorizer may do all of the
946-following:
947-(1) Expend its own resources, seek grant funds, and
948-establish partnerships to support its public charter school
949-authorizing activities.
950-(2) Charge a portion of annual per student state
951-allocations received by each public charter school it
952-authorizes based on the following schedule:
953-a. If thelocal school board has oversight over one to
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983-three, inclusive, public charter schools: Three percent of
984-annual per student state allocations.
985-b. If the local school board has oversight over four to
986-five, inclusive, public charter schools: Two percent of annual
987-per student state allocations.
988-c. If the local school board has oversight over six to
989-10, inclusive, public charter schools: One percent of annual
990-per student state allocations.
978+following:
979+(1) Expend its own resources, seek grant funds, and
980+establish partnerships to support its public charter school
981+authorizing activities.
982+(2) Charge a portion of annual per student state
983+allocations received by each public charter school it
984+authorizes based on the following schedule:
985+a. If the local school board authorizer has oversight
986+over one to three, inclusive, public charter schools: Three
987+percent of annual per student state allocations.
988+b. If the local school board authorizer has oversight
989+over four to five, inclusive, public charter schools: Two
990+percent of annual per student state allocations.
991+c. If the local school board authorizer has oversight
992+over six to 10, inclusive, public charter schools: One percent
993+of annual per student state allocations.
991994 d. These funds shall be used to cover the costs for a
992-local school board to provide authorizing services to its
993-public charter schools.
995+local school board an authorizer to provide authorizing
996+services to its public charter schools.
994997 (i) An employee, agent, or representative of an
995998 authorizer may not simultaneously serve as an employee, agent,
996999 representative, vendor, or contractor of a public charter
9971000 school of that authorizer.
9981001 (j) With the exception of charges for oversight
9991002 services as required in subsection (h), a public charter
10001003 school may not be required to purchase services from its
10011004 authorizer as a condition of charter approval or of a charter
10021005 contract, nor may any such condition be implied.
1003-(k) A public charter school authorized by a local
1004-school system may choose to purchase services, such as
1005-transportation-related or lunchroom-related services, from its
1006-authorizer. In such event, the public charter school and
1007-authorizer shall execute an annual service contract, separate
1008-from the charter contract, stating the mutual agreement of the
1009-parties concerning any service fees to be charged to the
1010-public charter school. A public charter school authorized by
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1035+(k) A public charter school authorized by a local
1036+school system may choose to purchase services, such as
1037+transportation-related or lunchroom-related services, from its
1038+authorizer. In such event, the public charter school and
1039+authorizer shall execute an annual service contract, separate
1040+from the charter contract, stating the mutual agreement of the
1041+parties concerning any service fees to be charged to the
1042+public charter school. A public charter school authorized by
10401043 the commission may not purchase services from the commission,
10411044 but consistent with this section, may purchase services from
10421045 the local school system where the public charter school is
10431046 located.
10441047 (l) The department shall oversee the performance and
10451048 effectiveness of all authorizers established under this
10461049 chapter. Persistently unsatisfactory performance of the
10471050 portfolio of the public charter schools of an authorizer, a
10481051 pattern of well-founded complaints about the authorizer or its
10491052 public charter schools, or other objective circumstances may
10501053 trigger a special review by the department. In reviewing and
10511054 evaluating the performance of an authorizer, the department
10521055 shall apply nationally recognized standards for quality in
10531056 charter authorizing. If, at any time, the department finds
10541057 that an authorizer is not in compliance with an existing
10551058 charter contract or the requirements of all authorizers under
10561059 this chapter, the department shall notify the authorizer in
10571060 writing of any identified problem, and the authorizer shall
10581061 have reasonable opportunity to respond and remedy the problem.
10591062 (m) If a local school board acting as an authorizer
1060-persists in violating a material provision of a charter
1061-contract or fails to remedy any other authorizing problem
1062-after due notice from the department, the department shall
1063-notify the local school board, within 60 days, that it intends
1064-to revoke the chartering authority of the local school board
1065-unless the local school board demonstrates a timely and
1066-satisfactory remedy for the violation or deficiencies.
1067-(n) If the commission violates a material provision of
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1092+persists in violating a material provision of a charter
1093+contract or fails to remedy any other authorizing problem
1094+after due notice from the department, the department shall
1095+notify the local school board, within 60 days, that it intends
1096+to revoke the chartering authority of the local school board
1097+unless the local school board demonstrates a timely and
1098+satisfactory remedy for the violation or deficiencies.
1099+(n) If the commission violates a material provision of
10971100 a charter contract or fails to remedy any other authorizing
10981101 problems after due notice from the department, the department
10991102 shall notify the commission, within 60 days, that it intends
11001103 to notify the Governor, the Speaker of the House of
11011104 Representatives, and the President Pro Tempore of the Senate
11021105 of the actions of the commission unless the commission
11031106 demonstrates a timely and satisfactory remedy for the
11041107 violation of the deficiencies. Along with this notification,
11051108 the department shall publicly request in writing that the
11061109 Governor, the Speaker of the House of Representatives, and the
11071110 President Pro Tempore appointees comply with the requests of
11081111 the department or face a revocation of their appointment to
11091112 the commission.
11101113 (o) In the event of revocation of the chartering
11111114 authority of an authorizer, the department shall manage the
1112-timely and orderly transfer of each start-up public charter
1113-contract held by that authorizer to another authorizer in the
1114-state, with the mutual agreement of each affected start-up
1115-public charter school and proposed new authorizer. The new
1116-authorizer shall assume the existing charter contract for the
1117-remainder of the charter term.
1118-(p) Authorizer power, duties, and liabilities.
1119-Authorizers are responsible for executing, in accordance with
1120-this chapter, the following essential powers and duties:
1121-(1) Soliciting and evaluating charter applications
1122-based on nationally recognized standards.
1123-(2) Approving quality charter applications that meet
1124-identified educational needs and promote a diversity of
1115+timely and orderly transfer of each charter contract held by
1116+that authorizer to another authorizer in the state, with the
1117+mutual agreement of each affected public charter school and
1118+proposed new authorizer. The new authorizer shall assume the
1119+existing charter contract for the remainder of the charter
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1149+term.
1150+(p) Authorizer power, duties, and liabilities.
1151+Authorizers are responsible for executing, in accordance with
1152+this chapter, the following essential powers and duties:
1153+(1) Soliciting and evaluating charter applications
1154+based on nationally recognized standards.
1155+(2) Approving quality charter applications that meet
1156+identified educational needs and promote a diversity of
11541157 high-quality educational choices.
11551158 (3) Declining to approve weak or inadequate charter
11561159 applications.
11571160 (4) Negotiating and executing charter contracts with
11581161 each approved public charter school.
11591162 (5) Monitoring, in accordance with charter contract
11601163 terms, the performance and legal compliance of public charter
11611164 schools.
11621165 (6) Determining whether each charter contract merits
11631166 renewal, nonrenewal, or revocation.
11641167 (q) An authorizer that grants a charter to a 501(c)(3)
11651168 tax-exempt organization for the purpose of opening and
11661169 operating a public charter school is not liable for the debts
11671170 or obligations of the public charter school, or for claims
11681171 arising from the performance of acts, errors, or omissions by
11691172 the charter school, if the authorizer has complied with all
11701173 oversight responsibilities required by law, including, but not
11711174 limited to, those required by this chapter.
11721175 (r) Principles and standards for charter authorizing.
11731176 (1) All authorizers shall be required to develop and
1174-maintain chartering policies and practices consistent with
1175-nationally recognized principles and standards for quality
1176-charter authorizing in all major areas of authorizing
1177-responsibility including: Organizational capacity and
1178-infrastructure; soliciting and evaluating charter
1179-applications; performance contracting; ongoing public charter
1180-school oversight and evaluation; and charter renewal
1181-decision-making. The State Board of Education shall promulgate
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1206+maintain chartering policies and practices consistent with
1207+nationally recognized principles and standards for quality
1208+charter authorizing in all major areas of authorizing
1209+responsibility including: Organizational capacity and
1210+infrastructure; soliciting and evaluating charter
1211+applications; performance contracting; ongoing public charter
1212+school oversight and evaluation; and charter renewal
1213+decision-making. The State Board of Education shall promulgate
12111214 reasonable rules and regulations to effectuate this section by
12121215 June 17, 2015.
12131216 (2) Authorizers shall carry out all of their duties
12141217 under this chapter in a manner consistent with such nationally
12151218 recognized principles and standards and with the spirit and
12161219 intent of this chapter. Evidence of material or persistent
12171220 failure to do so shall constitute grounds for losing charter
12181221 authorizing powers."
12191222 "§16-6F-10
12201223 (a) Enrollment. Students enrolled in and attending
12211224 public charter schools shall be included in all enrollment and
12221225 attendance counts of students of the local school system in
12231226 which the students reside. The public charter school shall
12241227 report all such data to the local school systems of residence
12251228 in a timely manner. Each local school system public charter
12261229 school shall report such enrollment, attendance, and other
12271230 counts of students to the department in the manner required by
12281231 the department.
12291232 (b) Operational funding.
12301233 (1) The following provisions govern operational
1231-funding:
1232-a.1. In their initial year, and in subsequent years to
1233-accommodate growth as articulated in their application,
1234-funding for public charter schools shall be provided from the
1235-Education Trust Fund in the Foundation Program appropriation
1236-for current units. Subsequent year funding for public charter
1237-schools shall be based on the Foundation Program allocation
1238-and other public school Education Trust Fund appropriations.
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1263+funding:
1264+a. In their initial year, and in subsequent years to
1265+accommodate growth as articulated in their application,
1266+funding for public charter schools shall be provided from the
1267+Education Trust Fund in the Foundation Program appropriation
1268+for current units. Subsequent year funding for public charter
1269+schools shall be based on the Foundation Program allocation
1270+and other public school Education Trust Fund appropriations.
12681271 1. In their initial year, and in subsequent years to
12691272 accommodate growth as articulated in their application,
12701273 start-up public charter schools shall be provided Foundation
12711274 Program funding by inclusion of anticipated enrollment as
12721275 provided in the approved charter application. During the
12731276 fiscal year, the resulting Foundation Program allocation shall
12741277 be adjusted to reconcile the variance between anticipated and
12751278 actual funded enrollment.
12761279 2. A conversion public charter school shall be funded
1277-at the same level as the school was funded prior to its
1278-conversion to a conversion public charter school. All federal,
1279-state, and local dollars allocated to support the conversion
1280-public charter school shall be directly appropriated by the
1281-local school board to the conversion public charter school
1282-operator. Under no circumstances may the local school board
1283-withhold funds for services without mutual agreement from the
1280+at the same level as the school was funded prior to conversion
1281+to a conversion public charter school. All federal, state, and
1282+local dollars allocated to support the conversion public
1283+charter school shall be directly appropriated by the local
1284+school board to the conversion public charter school operator.
1285+Under no circumstances may the local school board withhold
1286+funds for services without mutual agreement from the
12841287 conversion public charter school operator.
12851288 3. In addition to Foundation Program allocation, all
12861289 start-up public charter schools shall participate in other
12871290 Education Trust Fund and Public School Fund appropriations in
1288-the same manner as any other non-charter public school system.
1289-In addition to Foundation Program allocation, all conversion
1290-public charter schools shall be funded as they would have been
1291-prior to their conversion to a conversion public charter
1292-school from other Education Trust Fund and Public School Fund
1293-appropriations. In addition to Foundation Program allocation,
1294-all conversion public charter schools shall receive from the
1295-local school board a pro rata share of other Education Trust
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1325-Fund appropriations.
1320+the same manner as any other non-charter public school system.
1321+In addition to Foundation Program allocation, all conversion
1322+public charter schools shall receive from the local school
1323+board a pro rata share of other Education Trust Fund and
1324+Public School Fund appropriations.
13261325 b. For each of its students, a public charter school
13271326 shall receive the same amount of state funds, including funds
13281327 earmarked for the Foundation Program transportation, school
13291328 nurses, technology coordinators, and other line items that may
13301329 be included in the appropriation for the Foundation Program
13311330 Fund, that, for the then-current fiscal year, would have
13321331 otherwise been allocated on behalf of each public charter
13331332 school student to the local school system where the student
13341333 resides. This amount shall reflect the status of each student
13351334 according to grade level, economic disadvantage, limited
13361335 English proficiency, and special education needs.
13371336 c. For each of its students, a public charter school
13381337 shall receive the same amount of local tax revenue, that, for
13391338 the then-current fiscal year, would have otherwise been
13401339 allocated on behalf of each public charter school student to
13411340 the local non-charter public school of each student's
13421341 residence, excluding those funds already earmarked through a
13431342 vote of the local school board for debt service, capital
13441343 expenditures, or transportation. As necessary, the department
13451344 shall promulgate processes and procedures to determine the
13461345 specific local revenue allocations according to the Foundation
13471346 Program for each public charter school.
13481347 d. The state funds described in paragraph b.a. shall be
1349-forwarded on a quarterly basis to the by the department to all
1350-start-up public charter school schools on the same schedule as
1351-funds are forwarded to local school systems by the department.
1352-The state funds described in paragraph a. shall be forwarded
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1382-to conversion public charter schools by the local school
1383-system on the same schedule as funds are forwarded to local
1384-school systems by the department. The local funds described in
1385-paragraph c. shall be forwarded on a quarterly basis to the
1386-public charter school by the local educational agency of the
1387-student's residence, notwithstanding the oversight fee
1388-reductions pursuant to Section 16-6F-6. Additionally, any
1389-local revenues restricted, earmarked, or committed by
1390-statutory provision, constitutional provision, or board
1391-covenant pledged or imposed by formal action of the local
1392-board of education or other authorizing body of government,
1393-shall be excluded by the local educational agency of the
1394-student's residence when determining the amount of funds to be
1395-forwarded by the agency to the public charter school.
1377+forwarded on a quarterly basis to the by the department to all
1378+start-up public charter school schools and conversion public
1379+charter schools on the same schedule as funds are forwarded to
1380+local school systems by the department. The local funds
1381+described in paragraph c. shall be forwarded on a quarterly
1382+basis to the public charter school by the local educational
1383+agency of the student's residence, notwithstanding the
1384+oversight fee reductions pursuant to Section 16-6F-6.
1385+Additionally, any local revenues restricted, earmarked, or
1386+committed by statutory provision, constitutional provision, or
1387+board covenant pledged or imposed by formal action of the
1388+local board of education or other authorizing body of
1389+government, shall be excluded by the local educational agency
1390+of the student's residence when determining the amount of
1391+funds to be forwarded by the agency to the public charter
1392+school.
13961393 e. The maximum annual local tax allocation forwarded to
13971394 a start-up public charter school from a local school system
13981395 shall, for each student, not exceed the per student portion of
13991396 the state required 10 mill ad valorem match.
14001397 f. The maximum annual local tax allocation forwarded to
14011398 a conversion public charter school from a local school system
14021399 shall, for each student, equal the amount that would have been
14031400 received by the local education agency of the student's
14041401 residence for each student who now attends a conversion public
14051402 charter school, minus any amounts otherwise excluded pursuant
14061403 to this section. In the event a local school system fails to
14071404 honor an agreement with a conversion public charter school
1408-operator or if the local school system fails to forward the
1409-annual local tax allocation to a conversion public charter
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1434+operator or if the local school system fails to forward the
1435+annual local tax allocation to a conversion public charter
14391436 school as required by this subsection, the State
14401437 Superintendent of Education shall intervene pursuant to
14411438 Section 16-4-4, and allocate the local funds to the conversion
14421439 public charter school accordingly .
14431440 g. If necessary Annually, the department shall adopt
14441441 rules governing how to calculate and distribute these
14451442 per-student allocations , as well as any and ensure that these
14461443 per-student allocations are distributed directly to start-up
14471444 public charter schools and conversion public charter schools
14481445 on a per-student basis. The department shall adopt rules
14491446 governing cost-sharing for students participating in
14501447 specialized gifted, talented, vocational, technical, or career
14511448 education programs.
14521449 (2) Categorical funding. The department shall direct
14531450 the proportionate share of moneys monies generated under
14541451 federal and state categorical aid programs to all public
14551452 charter schools, including start-up public charter schools and
14561453 conversion public charter schools, serving students eligible
14571454 for such aid. The state shall ensure that all public charter
14581455 schools with rapidly expanding enrollments are treated
14591456 equitably in the calculation and disbursement of all federal
14601457 and state categorical aid program dollars. Each public charter
14611458 school that serves students who may be eligible to receive
14621459 services provided through such programs shall comply with all
14631460 reporting requirements to receive the aid.
14641461 (3) Special education funding.
1465-a. The state or a local school board shall pay directly
1466-to a public charter school , including start-up public charter
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1496-schools and conversion public charter schools, any federal or
1497-state aid attributable to a student with a disability
1498-attending the school.
1491+a. The state shall pay directly to a public charter
1492+school, including start-up pubic charter schools and
1493+conversion public charter schools, any federal or state aid
1494+attributable to a student with a disability attending the
1495+school.
14991496 b. At either party's request, a public charter school
15001497 and its authorizer may negotiate and include in the charter
15011498 contract alternate arrangements for the provision of and
15021499 payment for special education services.
15031500 (4) Generally accepted accounting principles;
15041501 independent audit.
15051502 a. A public charter school shall adhere to generally
15061503 accepted accounting principles.
15071504 b. A public charter school shall annually engage an
15081505 independent certified public accountant to do an independent
15091506 audit of the school's finances. A public charter school shall
15101507 file a copy of each audit report and accompanying management
15111508 letter to its authorizer by June 1. This audit shall include
15121509 the same requirements as those required of local school system
15131510 pursuant to Section 16-13A-7.
15141511 (5) Transportation funding.
15151512 a. The department shall disburse state transportation
15161513 funding to a public charter school on the same basis and in
15171514 the same manner as it is paid to public school systems.
15181515 b. A public charter school may enter into a contract
15191516 with a school system or private provider to provide
15201517 transportation to the school's students.
15211518 c. Public charter schools that do not provide
1522-transportation services shall not be allocated any federal,
1523-state, or local funds otherwise earmarked for
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1548+transportation services shall not be allocated any federal,
1549+state, or local funds otherwise earmarked for
15531550 transportation-related expenses."
1554-Section 2. This act shall become effective immediately
1555-following its passage and approval by the Governor, or its
1556-otherwise becoming law.
1551+Section 2. This act shall become effective on the first
1552+day of the third month following its passage and approval by
1553+the Governor, or its otherwise becoming law.
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1562-________________________________________________
1563-Speaker of the House of Representatives
1564-________________________________________________
1565-President and Presiding Officer of the Senate
1566-House of Representatives
1567-I hereby certify that the within Act originated in and
1568-was passed by the House 11-May-23, as amended.
1569-John Treadwell
1570-Clerk
1571-Senate 31-May-23 Passed
1572-House 01-June-23 Concurred in
1573- Senate Amendment
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