SB336INTRODUCED
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SB336
7BQ58EV-1
By Senator Chambliss
RFD: Education Policy
First Read: 22-Apr-25
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First Read: 22-Apr-25
SYNOPSIS:
Under existing law, the Alabama School Choice
and Student Opportunity Act provides for the creation
and operation of charter schools.
This bill would provide the means for a local
school board to serve as authorizer for the conversion
of two or more existing non-charter public schools
under its purview into conversion public charter
schools as part of a conversion public charter school
district.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama School Choice and Student
Opportunity Act; to amend Sections 16-6F-4, 16-6F-6, and
16-6F-7, Code of Alabama 1975, and to add Section 16-6F-7.1 to
the Code of Alabama 1975, to provide for the creation of
conversion public charter school districts.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 16-6F-4, 16-6F-6, and 16-6F-7 of
the Code of Alabama 1975, are amended to read as follows:
"§16-6F-4
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"§16-6F-4
For the purposes of this chapter, the following terms
shall have the following meanings:
(1) APPLICANT. Any group with 501(c)(3) tax-exempt
status or that has submitted an application for 501(c)(3)
tax-exempt status that develops and submits an application for
a public charter school to an authorizer.
(2) APPLICATION. A proposal from an applicant to an
authorizer to enter into a charter contract whereby the
proposed school obtains public charter school status.
(3) AT-RISK STUDENT. A student who has an economic or
academic disadvantage that requires special services and
assistance to succeed in educational programs. The term
includes, but is not limited to, students who are members of
economically disadvantaged families, students who are
identified as having special education needs, students who are
limited in English proficiency, students who are at risk of
dropping out of high school, and students who do not meet
minimum standards of academic proficiency.
(4) AUTHORIZER. An entity authorized under this chapter
to review applications, approve or reject applications, enter
into charter contracts with applicants, oversee public charter
schools, and decide whether to renew, not renew, or revoke
charter contracts.
(5) CHARTER CONTRACT. A fixed-term renewable contract
between a public charter school and an authorizer that
outlines the roles, powers, responsibilities, and quantitative
and qualitative performance expectations for each party to the
contract.
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contract.
(6) COMMISSION. The Alabama Public Charter School
Commission created in subsection (c) of Section 16-6F-6 (c).
The commission serves as an appellate body in specific
circumstances outlined in subsection (a) of Section
16-6F-6(a).
(7) CONVERSION PUBLIC CHARTER SCHOOL. A public charter
school that existed as a non-charter public school before
becoming a public charter school. A conversion public charter
school shall adopt and maintain a policy giving enrollment
preference to students who reside within the former attendance
zone of the public school.
(8) CONVERSION PUBLIC CHARTER SCHOOL DISTRICT. A group
of two or more conversion public charter schools which existed
together as a non-charter public school district under a local
school board and, after conversion, exist together under and
are governed by the same local school board serving as an
authorizer.
(8)(9) DEPARTMENT. The State Department of Education.
(9)(10) EDUCATION SERVICE PROVIDER. An entity with
which a public charter school intends to contract with for
educational design, implementation, or comprehensive
management. This relationship shall be articulated in the
public charter school application.
(10)(11) GOVERNING BOARD. The independent board of a
public charter school that is party to the charter contract
with the authorizer. A governing board shall have at least 20
percent of its membership be parents of students who attend or
have attended the public charter school for at least one
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have attended the public charter school for at least one
academic year. Before the first day of instruction, the 20
percent membership requirement may be satisfied by parents who
intend to have their students attend the public charter
school.
(11)(12) LOCAL SCHOOL BOARD. A city or county board of
education exercising management and control of a city or
county local school system pursuant to state law.
(12)(13) LOCAL SCHOOL SYSTEM. A public agency that
establishes and supervises one or more public schools within
its geographical limits pursuant to state law. A local school
system includes a city or county school system.
(13)(14) NATIONALLY RECOGNIZED AUTHORIZING STANDARDS.
Standards for high quality public charter school authorizing
collaboratively drafted and regularly updated by practitioners
and policy makers from across the country who have experience
and practice in the field of charter authorizing.
(14)(15) NON-CHARTER PUBLIC SCHOOL. A public school
other than a school formed pursuant to this chapter. A public
school that is under the direct management, governance, and
control of a local school board or the state.
(16) NON-CHARTER PUBLIC SCHOOL DISTRICT. Two or more
non-charter public schools that serve students living in a
geographical area smaller than the county and under the
management and control of the county local school board. The
term generally includes a city local school system that is not
under the management and control of a city local school board.
(15)(17) PARENT. A parent, guardian, or other person or
entity having legal custody of a child.
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entity having legal custody of a child.
(16)(18) PUBLIC CHARTER SCHOOL. A public school formed
pursuant to this chapter that satisfies all of the following:
a. Has autonomy over key decisions including, but not
limited to, decisions concerning finance, personnel,
scheduling, curriculum, instruction, and procurement.
b. Is Unless otherwise provided in Section 16-6F-7.1,
is governed by an independent governing board that is a
501(c)(3) tax-exempt organization. No member of a governing
board shall have a financial relationship to an education
service provider or the staff of the authorizer.
c. Is established and operated under the terms of a
charter contract between the governing board and its
authorizer, in accordance with this chapter.
d. Is a school to which parents choose to send their
student.
e. Is a school that admits students on the basis of a
random selection process if more students attempt to enroll
for admission than can be accommodated.
f. Provides an educational program that satisfies all
of the following:
1. Includes any grade or grades from prekindergarten to
12th grade.
2. May include a specific academic approach or theme
including, but not limited to, vocational and technical
training; visual and performing arts; liberal arts and
classical education; or science, mathematics, and technology.
3. Operates in pursuit of a specific set of educational
objectives as defined in its charter contract, such as college
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objectives as defined in its charter contract, such as college
or career readiness, or both.
4. Operates under the oversight of its authorizer in
accordance with its charter contract.
(17)(19) START-UP PUBLIC CHARTER SCHOOL. A public
charter school that did not exist as a non-charter public
school prior to becoming a public charter school.
(18)(20) STUDENT. Any child who is eligible for
attendance in public schools in the state."
"§16-6F-6
(a) Eligible authorizing entities.
(1) A public charter school shall not be established in
this state unless its establishment is authorized by this
section. No governmental entity or other entity, other than an
entity expressly granted chartering authority as set forth in
this section, may assume any authorizing function or duty in
any form. The following entities shall be authorizers of
public charter schools:
a. A local school board, for chartering of schools
within the boundaries of the school system under its
jurisdiction, pursuant to state law.
b. The Alabama Public Charter School Commission,
pursuant to this section.
(2) A local school board that registers as an
authorizer may approve or deny an application to form a public
charter school within the boundaries of the local school
system overseen by the local school board.
(3) All authorizing entities shall prioritize those
applications that are focused on serving at-risk students.
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applications that are focused on serving at-risk students.
(4) A decision made by a local school board shall be
subject to appeal to the commission. The commission may hear
an application for the formation of a public charter school by
an applicant only if one of the following factors is met:
a. An application to form a public charter school is
denied by the local school board overseeing that system and
the applicant chooses to appeal the decision of the local
school board to the commission.
b. The applicant wishes to open a start-up public
charter school in a public school system that has chosen not
to register as an authorizer.
(b) Public charter school cap.
(1) Authorizers may not approve more than 10 start-up
public charter schools in a fiscal year.
(2) Upon receiving notice of approval of the tenth
start-up public charter school to be approved in a fiscal
year, the department shall provide notice to all authorizers
that the cap has been reached and no new start-up public
charter schools may be approved in that fiscal year.
(3) The cap expires on April 1 immediately following
the conclusion of the fiscal year beginning October 1, 2020.
(4) At the conclusion of the fiscal year beginning
October 1, 2020, the department shall submit a report to the
Legislature outlining the performance of both start-up and
conversion public charter schools. This report shall include,
at a minimum, academic performance of all public charter
schools in the state, a detailed update on the authorizing
process, and recommendations for adjustments to public charter
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process, and recommendations for adjustments to public charter
school governance and oversight.
(5) There is no limit on the number of conversion
public charter schools that may be approved.
(c) The Alabama Public Charter School Commission.
(1) The commission is established as an independent
state entity.
(2) The mission of the commission is to authorize high
quality public charter schools, in accordance with the powers
expressly conferred on the commission in this chapter.
(3)a. The initial membership of the commission shall
consist of the following: The State Board of Education shall
appoint 10 members, made up of four appointees recommended by
the Governor, one appointee recommended by the Lieutenant
Governor, two appointees recommended by the President Pro
Tempore of the Senate, and three appointees recommended by the
Speaker of the House of Representatives. The Governor, the
Lieutenant Governor, the President Pro Tempore of the Senate,
and the Speaker of the House of Representatives shall each
recommend a list of no fewer than two nominees for each
initial appointment to the commission. One recommended initial
appointee of the President Pro Tempore of the Senate and one
recommended initial appointee of the Speaker of the House of
Representatives shall be an appointee recommended by members
of the Senate minority party and members of the House minority
party, respectively. No commission member can be appointed
unless he or she has been recommended by the Governor,
Lieutenant Governor, President Pro Tempore of the Senate, or
the Speaker of the House of Representatives.
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the Speaker of the House of Representatives.
b. Commencing on June 8, 2023, as the terms of the then
serving members expire, the nominating authority for that
respective serving member shall become the appointing
authority for his or her successor on the commission so that
the Governor shall appoint four members to the commission, the
Lieutenant Governor shall appoint one member to the
commission, the President Pro Tempore of the Senate shall
appoint two members to the commission, and the Speaker of the
House of Representatives shall appoint three members to the
commission. Commencing on June 8, 2023, one additional member
shall be appointed by the Minority Leader of the Senate and
one additional member shall be appointed by the Minority
Leader of the House of Representatives for four-year terms of
office as provided in subdivision (6).
(4) The appointing authorities of the commission
members shall strive to select individuals that collectively
possess strong experience and expertise in public and
nonprofit governance, strategic planning, management and
finance, public school leadership, assessment, curriculum and
instruction, and public education law. Each member of the
commission shall have demonstrated understanding of and
commitment to charter schooling as a tool for strengthening
public education and shall sign an agreement to hear the
appeal and review documents in a fair and impartial manner.
(5) Membership of the commission shall be inclusive and
reflect the racial, gender, geographic, urban, rural, and
economic diversity of the state.
(6) The initial appointments to the commission shall be
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(6) The initial appointments to the commission shall be
made no later than June 1, 2015. Two recommended initial
appointees of the Governor, one recommended initial appointee
of the Lieutenant Governor, one recommended initial appointee
of the Speaker of the House of Representatives, and one
recommended initial appointee of the President Pro Tempore of
the Senate shall serve an initial term of one year and two
recommended initial appointees of the Governor, two
recommended initial appointees of the Speaker of the House of
Representatives, and one recommended initial appointee of the
President Pro Tempore of the Senate shall serve an initial
term of two years. Thereafter, all appointees shall serve
four-year terms of office. All appointments shall be eligible
for reappointment as determined by the appointing authority,
not to exceed a total of eight years of service, unless the
member was initially appointed to serve a one-year term of
office. If the initial term of office of an appointee was one
year, he or she may serve a total of five nine years of
service on the commission.
(7) A member of the commission may be removed for
failure to perform the duties of the appointment. Whenever a
vacancy on the commission exists, the appointing authority,
within 60 days after the vacancy occurs, shall appoint a
member for the remaining portion of the term in the same
manner as the original appointment was made. A member of the
commission shall abstain from any vote that involves a local
school system of which he or she is an employee or which he or
she oversees as a member of a local school board.
(8) Six members of the commission constitute a quorum,
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(8) Six members of the commission constitute a quorum,
and a quorum shall be necessary to transact business. Actions
of the commission shall be by a majority vote of the
commission. The commission, in all respects, shall comply with
the Alabama Open Meetings Act and state record laws.
Notwithstanding the preceding sentence, members of the
commission may participate in a meeting of the commission by
means of telephone conference, video conference, or similar
communications equipment by means of which all persons
participating in the meeting may hear each other at the same
time. Participation by such means shall constitute presence in
person at a meeting for all purposes, including the
establishment of a quorum. Telephone or video conference or
similar communications equipment shall also allow members of
the public the opportunity to simultaneously listen to or
observe meetings of the commission.
(9) If the commission overrules the decision of a local
school board and chooses to authorize the establishment of a
public charter school in that local school system, the
commission shall serve as the authorizer for that public
charter school, pursuant to this chapter.
(10) Each member of the commission, upon assuming
office, shall complete an orientation program and an annual
training program thereafter, as developed by the commission.
The orientation program shall focus on roles and
responsibilities of charter school authorizers, laws impacting
commissioners as public officials, general education laws, and
best practices. In developing and implementing the programs,
the commission may consult national or state organizations
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the commission may consult national or state organizations
with training expertise. Before the start of each regular
legislative session, the commission shall provide a report to
each appointing authority regarding the implementation and
effectiveness of the programs. Failure to attend and complete
a required orientation or annual training program may
constitute grounds for removal from the commission by the
appointing authority.
(11) The commission may do any of the following:
a. Upon evaluation and agreement, share services,
facilities, supplies, and related costs with the department.
b. Adopt rules for the operation and organization of
the commission.
c. Review, at least once per year, department rules
concerning public charter schools and, if needed, recommend to
the State Superintendent of Education any rule changes deemed
necessary.
d. Convene stakeholder groups and engage experts.
e. Seek and receive state, federal, and private funds
for operational expenses.
f. Employ professional, administrative, technical, and
clerical staff, without regard to the state Merit System, who
shall serve at the pleasure of the commission. Staff employed
pursuant to this paragraph shall receive compensation and
benefits established by the commission, payable in the same
manner as state employees.
(12) A commission member may not receive compensation,
but shall be reimbursed by the department for travel and per
diem expenses at the same rates and in the same manner as
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diem expenses at the same rates and in the same manner as
state employees.
(13) The commission shall submit an annual report to
the department pursuant to subsection (g).
(14) In order to overrule the decision of a local
school board and authorize a public charter school, the
commission, in its own consideration of the application, shall
do all of the following:
a. Find evidence of a thorough and high-quality public
charter school application from the applicant based on the
authorizing standards in Section 16-6F-7(a)(8).
b. Hold an open community hearing opportunity for
public comment within the local school system where the
application was denied.
c. Find that the local board's denial of an original
charter application is not supported by the then current
application and exhibits.
d. Take into consideration all of the following:
1. Other existing charter school applications.
2. The quality of school options existing in the
affected community.
3. The existence of other charter schools.
4. Any other factors considered relevant to ensure the
establishment of high-quality charter schools in accordance
with the intent of this chapter.
e. At least 15 days prior to consideration of the
application, send a letter to the chair of the local school
board where the denial originated informing the local school
board that the commission will hear the appeal pursuant to a
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board that the commission will hear the appeal pursuant to a
public hearing and will provide the chair, or his or her
designee, the opportunity to address the commission at that
public hearing.
(d)(1) A local school board may apply to the department
for chartering authority within the boundaries of the school
system overseen by the local school board. The department
shall publicize to all local school boards the opportunity to
apply to the state for chartering authority within the school
system they oversee. By June 1 of each year, the department
shall provide information about the opportunity, including an
application deadline, to all local school boards. To apply as
a charter authorizer in its school system, each interested
local school board shall submit the following information in a
format to be established by the department:
a. Written notification of intent to serve as a charter
authorizer in accordance with this chapter.
b. An explanation of the local school board's capacity
and commitment to execute the duties of quality charter
authorizing, as defined by nationally recognized authorizing
standards.
c. An explanation of the local school board's strategic
vision for chartering.
d. An explanation of how the local school board plans
to solicit public charter school applicants, in accordance
with this chapter.
e. A description or outline of the performance
framework the local school board will use to guide the
establishment of a charter contract and for ongoing oversight
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establishment of a charter contract and for ongoing oversight
and evaluation of public charter schools, consistent with the
requirements of this chapter.
f. A draft of the local school board's renewal,
revocation, and nonrenewal processes, consistent with Section
16-6F-8(c).
g. A statement of assurance that the local school board
commits to serving as a charter authorizer and shall fully
participate in annual authorizer training approved by the
department.
(2) Once chartering authority is granted, the
registered local school board shall reapply to be an
authorizer every five years if the local school board wishes
to continue serving as an authorizer.
(e) If a local school board chooses not to register as
an authorizer, all applications seeking to open a start-up
public charter school within that local school board's
boundaries shall be denied. Applicants wishing to open a
public charter school physically located in that local school
system may apply directly to the commission.
(f) An authorizer may do all of the following:
(1) Solicit, invite, receive, and evaluate applications
from organizers of proposed public charter schools.
(2) Approve applications that meet identified
educational needs.
(3) Deny applications that do not meet identified
educational needs.
(4) Create a framework to guide the development of
charter contracts.
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charter contracts.
(5) Negotiate and execute charter contracts with each
approved public charter school.
(6) Monitor the academic, fiscal, and organizational
performance and compliance of public charter schools.
(7) Determine whether each charter contract merits
renewal or revocation.
(g) An A local school board authorizer shall submit to
the State Board of Education a publicly accessible annual
report within 60 days after the end of each school fiscal year
summarizing all of the following:
(1) The authorizer's strategic vision for chartering
and progress toward achieving that vision.
(2) The academic and financial performance of all
operating public charter schools overseen by the authorizer,
according to the performance measures and expectations
specified in the charter contracts.
(3) The status of the public charter school portfolio
of the authorizer, identifying all public charter schools
within that portfolio as one of the following:
a. Approved, but not yet open.
b. Open and operating.
c. Terminated.
d. Closed, including year closed and reason for
closing.
e. Never opened.
(4) The oversight and services, if any, provided by the
authorizer to the public charter schools under the purview of
the authorizer.
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the authorizer.
(5) The authorizing functions provided by the
authorizer to the public charter schools under its
jurisdiction, including the operating costs and expenses of
the authorizer detailed in annual audited financial statements
that conform to generally accepted accounting principles.
(6) All use of taxpayer dollars including expenditures,
contracts, and revenues.
(h) To cover costs for overseeing and authorizing
public charter schools in accordance with this chapter, a
local school board serving as an authorizer may do all of the
following:
(1) Expend its own resources, seek grant funds, and
establish partnerships to support its public charter school
authorizing activities.
(2) Charge a portion of annual per student state
allocations received by each public charter school it
authorizes based on the following schedule:
a. If the local school board has oversight over one to
three, inclusive, public charter schools: Three percent of
annual per student state allocations.
b. If the local school board has oversight over four to
five, inclusive, public charter schools: Two percent of annual
per student state allocations.
c. If the local school board has oversight over six to
10, inclusive, public charter schools: One percent of annual
per student state allocations.
d. These funds shall be used to cover the costs for a
local school board to provide authorizing services to its
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local school board to provide authorizing services to its
public charter schools.
(i) An employee, agent, or representative of an
authorizer may not simultaneously serve as an employee, agent,
representative, vendor, or contractor of a start-up public
charter school of that authorizer.
(j) With the exception of charges for oversight
services as required in subsection (h), a public charter
school may not be required to purchase services from its
authorizer as a condition of charter approval or of a charter
contract, nor may any such condition be implied.
(k) A start-up public charter school authorized by a
local school system may choose to purchase services, such as
transportation-related or lunchroom-related services, from its
authorizer. In such event, the public charter school and
authorizer shall execute an annual service contract, separate
from the charter contract, stating the mutual agreement of the
parties concerning any service fees to be charged to the
public charter school. A start-up public charter school
authorized by the commission may not purchase services from
the commission, but consistent with this section, may purchase
services from the local school system where the public charter
school is located.
(l) The department shall oversee the performance and
effectiveness of all authorizers that are local school boards
established under this chapter. Persistently unsatisfactory
performance of the portfolio of the public charter schools of
an authorizer, a pattern of well-founded complaints about the
authorizer or its public charter schools, or other objective
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authorizer or its public charter schools, or other objective
circumstances may trigger a special review by the department.
In reviewing and evaluating the performance of an authorizer,
the department shall apply nationally recognized standards for
quality in charter authorizing. If, at any time, the
department finds that an authorizer is not in compliance with
an existing charter contract or the requirements of all
authorizers under this chapter, the department shall notify
the authorizer in writing of any identified problem, and the
authorizer shall have reasonable opportunity to respond and
remedy the problem.
(m) If a local school board acting as an authorizer
persists in violating a material provision of a charter
contract or fails to remedy any other authorizing problem
after due notice from the department, the department shall
notify the local school board, within 60 days, that it intends
to revoke the chartering authority of the local school board
unless the local school board demonstrates a timely and
satisfactory remedy for the violation or deficiencies.
(n) If the commission violates a material provision of
a charter contract or fails to remedy any other authorizing
problems after due notice from the department, the department
shall notify the commission, within 60 days, that it intends
to notify the Governor, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate
of the actions of the commission unless the commission
demonstrates a timely and satisfactory remedy for the
violation of the deficiencies. Along with this notification,
the department shall publicly request in writing that the
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the department shall publicly request in writing that the
Governor, the Speaker of the House of Representatives, and the
President Pro Tempore appointees comply with the requests of
the department or face a revocation of their appointment to
the commission.
(o) In the event of revocation of the chartering
authority of an authorizer, the department shall manage the
timely and orderly transfer of each start-up public charter
contract held by that authorizer to another authorizer in the
state, with the mutual agreement of each affected start-up
public charter school and proposed new authorizer. The new
authorizer shall assume the existing charter contract for the
remainder of the charter term.
(p) Authorizer power, duties, and liabilities.
Authorizers are responsible for executing, in accordance with
this chapter, the following essential powers and duties:
(1) Soliciting and evaluating charter applications
based on nationally recognized standards.
(2) Approving quality charter applications that meet
identified educational needs and promote a diversity of
high-quality educational choices.
(3) Declining to approve weak or inadequate charter
applications.
(4) Negotiating and executing charter contracts with
each approved public charter school.
(5) Monitoring, in accordance with charter contract
terms, the performance and legal compliance of public charter
schools.
(6) Determining whether each charter contract merits
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(6) Determining whether each charter contract merits
renewal, nonrenewal, or revocation.
(q) An authorizer that grants a charter to a 501(c)(3)
tax-exempt organization for the purpose of opening and
operating a public charter school is not liable for the debts
or obligations of the public charter school, or for claims
arising from the performance of acts, errors, or omissions by
the charter school, if the authorizer has complied with all
oversight responsibilities required by law, including, but not
limited to, those required by this chapter.
(r) Principles and standards for charter authorizing.
(1) All authorizers shall be required to develop and
maintain chartering policies and practices consistent with
nationally recognized principles and standards for quality
charter authorizing in all major areas of authorizing
responsibility including: Organizational capacity and
infrastructure; soliciting and evaluating charter
applications; performance contracting; ongoing public charter
school oversight and evaluation; and charter renewal
decision-making. The State Board of Education shall adopt
reasonable rules to effectuate this section by June 17, 2015.
(2) Authorizers shall carry out all of their duties
under this chapter in a manner consistent with such nationally
recognized principles and standards and with the spirit and
intent of this chapter. Evidence of material or persistent
failure to do so shall constitute grounds for losing charter
authorizing powers."
"§16-6F-7
(a) Request for proposals.
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(a) Request for proposals.
(1) To solicit, encourage, and guide the development of
quality start-up public charter school applications, every
local school board, in its role as public charter school
authorizer, shall issue and broadly publicize a request for
proposals for public charter school applications by July 17,
2015, and by November 1 in each subsequent year. The content
and dissemination of the request for proposals shall be
consistent with the purposes and requirements of this act
chapter. Authorizers that are local school boards developing
multiple conversion public charter schools shall issue and
broadly publicize a request for proposals for education
service providers .
(2) Public Start-up public charter school applicants
may submit a proposal for a particular public charter school
to no more than one local school board at a time.
(3) The department shall annually establish and
disseminate a statewide timeline for start-up charter approval
or denial decisions, which shall apply to all authorizers in
the state that are local school boards .
(4) Each local school board's request for proposals
shall present the board's strategic vision for chartering,
including a clear statement of any preferences the board
wishes to grant to applications that help at-risk students.
(5) The request for proposals shall include or
otherwise direct applicants to the performance framework that
the authorizer has developed for public charter school
oversight and evaluation in accordance with this chapter.
(6) The request for proposals shall include the
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(6) The request for proposals shall include the
criteria that will guide the authorizer's decision to approve
or deny a start-up charter application.
(7) The request for proposals shall state clear,
appropriately detailed questions as well as guidelines
concerning the format and content essential for applicants to
demonstrate the capacities necessary to establish and operate
a successful start-up public charter school.
(8) The request for proposals shall require charter
applications to provide or describe thoroughly all of the
following essential elements of the proposed school plan:
a. An executive summary.
b. The mission and vision of the proposed start-up
public charter school, including identification of the
targeted student population and the community the school hopes
to serve.
c. The location or geographic area proposed for the
school.
d. The grades to be served each year for the full term
of the charter contract.
e. Minimum, planned, and maximum enrollment per grade
per year for the term of the charter contract.
f. Evidence of need and community support for the
proposed start-up public charter school.
g. A brief biography regarding the expertise and
background on the proposed founding governing members and the
proposed school leadership and management team.
h. The school's proposed calendar and sample daily
schedule.
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schedule.
i. A description of the academic program.
j. A description of the school's instructional design,
including the type of learning environment, such as
classroom-based or independent study, class size and
structure, curriculum overview, and teaching methods.
k. The school's plan for using internal and external
assessments to measure and report student progress.
l. The school's plan for identifying and successfully
serving students with disabilities, students who are English
language learners, students who are academically behind, and
gifted students, including, but not limited to, compliance
with applicable laws and regulations.
m. A description of cocurricular or extracurricular
programs and how they will be funded and delivered.
n. Plans and timelines for student recruitment and
enrollment, including random selection procedures in the event
that interest exceeds capacity.
o. The school's student discipline policies, including
those for special education students.
p. An organization chart that clearly presents the
school's organizational structure, including lines of
authority and reporting between the governing board, staff,
any related bodies, such as advisory bodies or parent and
teacher councils, and any external organizations that will
play a role in managing the school.
q. A clear description of the roles and
responsibilities for the governing board, the school's
leadership and management team, and any other entities shown
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leadership and management team, and any other entities shown
in the organization chart.
r. A staffing chart for the school's first year, and a
staffing plan for the term of the charter.
s. Plans for recruiting and developing school
leadership and staff.
t. The school's leadership and teacher employment
policies, including performance evaluation plans.
u. Proposed governing bylaws.
v. Explanations of any partnerships or contractual
relationships central to the school's operations or mission.
w. The school's plans for providing transportation,
food service, and all other significant operational or
ancillary services.
x. Opportunities and expectations for parental
involvement.
y. A detailed school start-up plan, identifying tasks,
timelines, and responsible individuals.
z. Description of the school's financial plan and
policies, including financial controls and audit requirements.
This plan shall include a disclosure of all donations of
private funding, if any, including, but not limited to, gifts
received from foreign governments, foreign legal entities,
and, when reasonably known, domestic entities affiliated with
either foreign governments or foreign legal entities.
aa. A description of the insurance coverage the school
will obtain.
bb. Start-up and five-year budgets with clearly stated
assumptions.
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assumptions.
cc. Evidence of anticipated fundraising contributions,
if claimed in the application.
dd. A sound facilities plan, including backup or
contingency plans, if appropriate.
ee. In the case of an applicant who has submitted an
application for 501(c)(3) tax-exempt status, but has not yet
been approved for 501(c)(3) tax-exempt status, the applicant
shall submit a copy of the application for 501(c)(3)
tax-exempt status.
ff. Any other item that the authorizer deems
appropriate to assess the applicant's ability to successfully
open and operate a public charter school.
(9) Conversion public charter schools. A local school
board may convert a one or more non-charter public school
schools to a conversion public charter school or conversion
public charter school district as provided in Section
16-6F-7.1.
a. Any local school board's decision to convert a
school or multiple schools is not appealable to the
commission.
1. After identifying the non-charter public school it
or schools the local school board authorizer has decided to
convert to a conversion public charter school schools, an
authorizer that is a local school board shall release a
request for proposals, allowing education service providers
the opportunity to submit applications to manage the specific
school schools as a public charter school schools under the
terms of this chapter. If no qualified education service
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terms of this chapter. If no qualified education service
provider submits an application, the authorizer may employ
individuals with expertise to manage the conversion public
charter schools.
2. The conversion must occur at the beginning of an
academic school year and shall be subject to compliance with
this chapter.
3. At the time of conversion to a public charter
school, any teacher or administrator in the newly converted
public charter school shall have the opportunity to interview
for a position in the public charter school. The public
charter school is under no obligation to hire any teacher or
administrator.
4. At the time of conversion to a public charter
school, any teacher or administrator in the public charter
school may be allowed to transfer into vacant positions for
which they are both certified and qualified in other schools
in the school system prior to the hiring of new personnel for
those vacant positions.
5. If personnel reductions are contemplated as the
result of a conversion to a charter model, that shall be
clearly stated in the application. An approved conversion
shall constitute decreased student enrollment or a shortage of
revenues, or both, for the purposes of the local school board
implementing a reduction in force pursuant to Section 16-1-33.
b. After an education service provider has or other
qualified individuals have been identified to manage the
non-charter approved conversion public charter school, the
local school board shall negotiate a performance contract with
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local school board shall negotiate a performance contract with
the selected education service provider or qualified
individuals as set forth in subdivision (e)(1) of subsection
(e).
(10) In the case of a proposed start-up public charter
school that intends to contract with an education service
provider for substantial education services, management
services, or both types of services, the request for proposals
shall additionally require the applicants to do all of the
following:
a. Provide evidence of the education service provider's
success in serving student populations similar to the targeted
population, including demonstrated academic achievement as
well as successful management of nonacademic school functions,
if applicable.
b. Provide a term sheet setting forth the proposed
duration of the service contract; roles and responsibilities
of the governing board; the school staff; and the education
service provider; scope of services and resources to be
provided by the education service provider; performance
evaluation measures and timelines; compensation structure,
including clear identification of all fees to be paid to the
education service provider; methods of contract oversight and
enforcement; investment disclosure; and conditions for renewal
and termination of the contract.
c. Disclose and explain any existing or potential
conflicts of interest between the school governing board and
proposed education service provider or any affiliated business
entities.
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entities.
(11) In the case of a public charter school proposal
from an applicant that currently operates one or more schools
inside or outside of Alabama, the request for proposals shall
additionally require the applicant to provide evidence of past
performance and current ability to manage for growth.
(b) Application decision-making process.
(1) In evaluating and reviewing charter applications,
authorizers shall employ procedures, practices, and criteria
consistent with nationally recognized principles and standards
for quality charter authorizing. The application review
process shall include thorough evaluation of each written
charter application, an in-person interview with the applicant
group, and an opportunity in a public forum for local
residents to learn about and provide input on each
application.
(2) In deciding whether to approve charter
applications, authorizers shall do all of the following:
a. Grant charters only to applicants that have
demonstrated competence in each element of the authorizer's
published approval criteria and are likely to open and operate
a successful public charter school.
b. Base decisions on documented evidence collected
through the application review process.
c. Follow charter-granting policies and practices that
are transparent, based on merit, and avoid conflicts of
interest or any appearance thereof.
d. In the case of the commission, require significant
and objective evidence of interest for the public charter
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and objective evidence of interest for the public charter
school from the community the public charter school wishes to
serve.
(3) An authorizer shall not approve a public charter
school application that includes any of the following:
a. Admissions requirements for entry , including, but
not limited to, academic proficiency, particular skills or
competencies, or financial means.
b. Any parochial or religious theme.
(4) No later than 60 days after the filing of the
charter application, the authorizer shall decide to approve or
deny the charter application; however, an application
submitted by a public historically black college or university
(HBCU), in partnership with a national nonprofit public HBCU
support organization, for a charter school to be operated on
or near the campus of the HBCU may be considered for expedited
approval by the authorizer. The authorizer shall adopt by
resolution all charter approval or denial decisions in an open
meeting. If no action is taken on the application within 60
days, the application shall be considered denied and the
applicant may appeal the decision to the commission.
(5) An approval decision may include, if appropriate,
reasonable conditions that the charter applicant must meet
before a charter contract may be executed pursuant to this
section.
(6) For any charter denial, the authorizer shall
clearly state, for public record, its reasons for denial. A
denied applicant may subsequently reapply to that board the
following year or appeal the denial to the commission.
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following year or appeal the denial to the commission.
(7) Within 30 days of taking action to approve or deny
a charter application, the authorizer shall report to the
department the action it has taken. The authorizer shall
provide a copy of the report to the charter applicant at the
same time that the report is submitted to the department. The
report shall include a copy of the authorizer's resolution
setting forth the action taken and reasons for the decision
and assurances as to compliance with all of the procedural
requirements and application elements set forth in this
section.
(c)(1) The applicant for a public charter school, the
local school board for the district in which a public charter
school is proposed to be located, and the authorizer shall
carefully review the potential impact of an application for a
public charter school on the efforts of the local school
system to comply with court orders and statutory obligations
for creating and maintaining a unitary system of desegregated
public schools.
(2) The authorizer shall attempt to measure the likely
impact of a proposed public charter school on the efforts of
local school systems to achieve and maintain a unitary system.
(3) The authorizer shall not approve any public charter
school under this chapter that hampers, delays, or in any
manner negatively affects the desegregation efforts of a local
school system.
(d) Initial charter term. An initial charter shall be
granted for a term of five operating years. The charter term
shall commence on the public charter school's first day of
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shall commence on the public charter school's first day of
operation. An approved public charter school may delay its
opening for one school year in order to plan and prepare for
the school's opening. If the school requires an opening delay
of more than one year, the school shall request an extension
from its authorizer. The authorizer may grant or deny the
extension depending on the particular school's circumstances.
(e) Charter contracts.
(1) Within 60 days of approval of a charter
application, the authorizer and the governing board of the
approved public charter school shall execute a charter
contract that clearly sets forth the academic and operational
performance expectations and measures by which the public
charter school will be judged and the administrative
relationship between the authorizer and the public charter
school, including each party's rights and duties. The
performance expectations and measures set forth in the charter
contract shall include, but need not be limited to, applicable
federal and state accountability requirements. The performance
provisions may be refined or amended by mutual agreement after
the public charter school is operating and has collected
baseline achievement data for its enrolled students. A
governing board shall have received 501(c)(3) tax exempt
status before beginning charter contract negotiations.
(2) The charter contract shall be signed by the
president of the authorizer's board and the president of the
public charter school's governing body. Within 10 days of
executing a charter contract, the authorizer shall submit to
the department written notification of the executed charter
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the department written notification of the executed charter
contract and any attachments.
(3) No public charter school may commence operations
without a charter contract executed in accordance with this
chapter and approved in an open meeting of the authorizer's
governing board.
(f) Preopening requirements or conditions. Authorizers
may establish reasonable preopening requirements or conditions
to monitor the start-up progress of newly approved public
charter schools and ensure that they are prepared to open
smoothly on the date agreed, and to ensure that each school
meets all building, health, safety, insurance, and other legal
requirements for school opening."
Section 2. Section 16-6F-7.1 is added to the Code of
Alabama 1975, to read as follows:
§16-6F-7.1
(a) An authorizer that is a local school board may
create a conversion public charter school district by granting
conversion public charter school status to each existing
non-charter public school located within a non-charter public
school district within the boundaries of the local school
system under its management and control. The number of
conversion public charter schools approved within the
boundaries of the local school system shall be less than the
number of non-charter public schools that exist within that
local school system.
(b) Any provision of this chapter to the contrary
notwithstanding, the local school board shall serve as the
governing board of each conversion public charter school
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governing board of each conversion public charter school
located within the conversion public charter school district.
Section 3. This act shall become effective on October
1, 2025.
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