Alabama 2025 Regular Session

Alabama Senate Bill SB336 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB336INTRODUCED
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3	3	SB336
4	4	7BQ58EV-1
5	5	By Senator Chambliss
6	6	RFD: Education Policy
7	7	First Read: 22-Apr-25
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12	12	5 7BQ58EV-1 04/22/2025 KMS (L)cr 2025-1652
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14	14	First Read: 22-Apr-25
15	15	SYNOPSIS:
16	16	Under existing law, the Alabama School Choice
17	17	and Student Opportunity Act provides for the creation
18	18	and operation of charter schools.
19	19	This bill would provide the means for a local
20	20	school board to serve as authorizer for the conversion
21	21	of two or more existing non-charter public schools
22	22	under its purview into conversion public charter
23	23	schools as part of a conversion public charter school
24	24	district.
25	25	A BILL
26	26	TO BE ENTITLED
27	27	AN ACT
28	28	Relating to the Alabama School Choice and Student
29	29	Opportunity Act; to amend Sections 16-6F-4, 16-6F-6, and
30	30	16-6F-7, Code of Alabama 1975, and to add Section 16-6F-7.1 to
31	31	the Code of Alabama 1975, to provide for the creation of
32	32	conversion public charter school districts.
33	33	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
34	34	Section 1. Sections 16-6F-4, 16-6F-6, and 16-6F-7 of
35	35	the Code of Alabama 1975, are amended to read as follows:
36	36	"§16-6F-4
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66	66	"§16-6F-4
67	67	For the purposes of this chapter, the following terms
68	68	shall have the following meanings:
69	69	(1) APPLICANT. Any group with 501(c)(3) tax-exempt
70	70	status or that has submitted an application for 501(c)(3)
71	71	tax-exempt status that develops and submits an application for
72	72	a public charter school to an authorizer.
73	73	(2) APPLICATION. A proposal from an applicant to an
74	74	authorizer to enter into a charter contract whereby the
75	75	proposed school obtains public charter school status.
76	76	(3) AT-RISK STUDENT. A student who has an economic or
77	77	academic disadvantage that requires special services and
78	78	assistance to succeed in educational programs. The term
79	79	includes, but is not limited to, students who are members of
80	80	economically disadvantaged families, students who are
81	81	identified as having special education needs, students who are
82	82	limited in English proficiency, students who are at risk of
83	83	dropping out of high school, and students who do not meet
84	84	minimum standards of academic proficiency.
85	85	(4) AUTHORIZER. An entity authorized under this chapter
86	86	to review applications, approve or reject applications, enter
87	87	into charter contracts with applicants, oversee public charter
88	88	schools, and decide whether to renew, not renew, or revoke
89	89	charter contracts.
90	90	(5) CHARTER CONTRACT. A fixed-term renewable contract
91	91	between a public charter school and an authorizer that
92	92	outlines the roles, powers, responsibilities, and quantitative
93	93	and qualitative performance expectations for each party to the
94	94	contract.
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124	124	contract.
125	125	(6) COMMISSION. The Alabama Public Charter School
126	126	Commission created in subsection (c) of Section 16-6F-6 (c).
127	127	The commission serves as an appellate body in specific
128	128	circumstances outlined in subsection (a) of Section
129	129	16-6F-6(a).
130	130	(7) CONVERSION PUBLIC CHARTER SCHOOL. A public charter
131	131	school that existed as a non-charter public school before
132	132	becoming a public charter school. A conversion public charter
133	133	school shall adopt and maintain a policy giving enrollment
134	134	preference to students who reside within the former attendance
135	135	zone of the public school.
136	136	(8) CONVERSION PUBLIC CHARTER SCHOOL DISTRICT. A group
137	137	of two or more conversion public charter schools which existed
138	138	together as a non-charter public school district under a local
139	139	school board and, after conversion, exist together under and
140	140	are governed by the same local school board serving as an
141	141	authorizer.
142	142	(8)(9) DEPARTMENT. The State Department of Education.
143	143	(9)(10) EDUCATION SERVICE PROVIDER. An entity with
144	144	which a public charter school intends to contract with for
145	145	educational design, implementation, or comprehensive
146	146	management. This relationship shall be articulated in the
147	147	public charter school application.
148	148	(10)(11) GOVERNING BOARD. The independent board of a
149	149	public charter school that is party to the charter contract
150	150	with the authorizer. A governing board shall have at least 20
151	151	percent of its membership be parents of students who attend or
152	152	have attended the public charter school for at least one
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182	182	have attended the public charter school for at least one
183	183	academic year. Before the first day of instruction, the 20
184	184	percent membership requirement may be satisfied by parents who
185	185	intend to have their students attend the public charter
186	186	school.
187	187	(11)(12) LOCAL SCHOOL BOARD. A city or county board of
188	188	education exercising management and control of a city or
189	189	county local school system pursuant to state law.
190	190	(12)(13) LOCAL SCHOOL SYSTEM. A public agency that
191	191	establishes and supervises one or more public schools within
192	192	its geographical limits pursuant to state law. A local school
193	193	system includes a city or county school system.
194	194	(13)(14) NATIONALLY RECOGNIZED AUTHORIZING STANDARDS.
195	195	Standards for high quality public charter school authorizing
196	196	collaboratively drafted and regularly updated by practitioners
197	197	and policy makers from across the country who have experience
198	198	and practice in the field of charter authorizing.
199	199	(14)(15) NON-CHARTER PUBLIC SCHOOL. A public school
200	200	other than a school formed pursuant to this chapter. A public
201	201	school that is under the direct management, governance, and
202	202	control of a local school board or the state.
203	203	(16) NON-CHARTER PUBLIC SCHOOL DISTRICT. Two or more
204	204	non-charter public schools that serve students living in a
205	205	geographical area smaller than the county and under the
206	206	management and control of the county local school board. The
207	207	term generally includes a city local school system that is not
208	208	under the management and control of a city local school board.
209	209	(15)(17) PARENT. A parent, guardian, or other person or
210	210	entity having legal custody of a child.
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240	240	entity having legal custody of a child.
241	241	(16)(18) PUBLIC CHARTER SCHOOL. A public school formed
242	242	pursuant to this chapter that satisfies all of the following:
243	243	a. Has autonomy over key decisions including, but not
244	244	limited to, decisions concerning finance, personnel,
245	245	scheduling, curriculum, instruction, and procurement.
246	246	b. Is Unless otherwise provided in Section 16-6F-7.1,
247	247	is governed by an independent governing board that is a
248	248	501(c)(3) tax-exempt organization. No member of a governing
249	249	board shall have a financial relationship to an education
250	250	service provider or the staff of the authorizer.
251	251	c. Is established and operated under the terms of a
252	252	charter contract between the governing board and its
253	253	authorizer, in accordance with this chapter.
254	254	d. Is a school to which parents choose to send their
255	255	student.
256	256	e. Is a school that admits students on the basis of a
257	257	random selection process if more students attempt to enroll
258	258	for admission than can be accommodated.
259	259	f. Provides an educational program that satisfies all
260	260	of the following:
261	261	1. Includes any grade or grades from prekindergarten to
262	262	12th grade.
263	263	2. May include a specific academic approach or theme
264	264	including, but not limited to, vocational and technical
265	265	training; visual and performing arts; liberal arts and
266	266	classical education; or science, mathematics, and technology.
267	267	3. Operates in pursuit of a specific set of educational
268	268	objectives as defined in its charter contract, such as college
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298	298	objectives as defined in its charter contract, such as college
299	299	or career readiness, or both.
300	300	4. Operates under the oversight of its authorizer in
301	301	accordance with its charter contract.
302	302	(17)(19) START-UP PUBLIC CHARTER SCHOOL. A public
303	303	charter school that did not exist as a non-charter public
304	304	school prior to becoming a public charter school.
305	305	(18)(20) STUDENT. Any child who is eligible for
306	306	attendance in public schools in the state."
307	307	"§16-6F-6
308	308	(a) Eligible authorizing entities.
309	309	(1) A public charter school shall not be established in
310	310	this state unless its establishment is authorized by this
311	311	section. No governmental entity or other entity, other than an
312	312	entity expressly granted chartering authority as set forth in
313	313	this section, may assume any authorizing function or duty in
314	314	any form. The following entities shall be authorizers of
315	315	public charter schools:
316	316	a. A local school board, for chartering of schools
317	317	within the boundaries of the school system under its
318	318	jurisdiction, pursuant to state law.
319	319	b. The Alabama Public Charter School Commission,
320	320	pursuant to this section.
321	321	(2) A local school board that registers as an
322	322	authorizer may approve or deny an application to form a public
323	323	charter school within the boundaries of the local school
324	324	system overseen by the local school board.
325	325	(3) All authorizing entities shall prioritize those
326	326	applications that are focused on serving at-risk students.
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356	356	applications that are focused on serving at-risk students.
357	357	(4) A decision made by a local school board shall be
358	358	subject to appeal to the commission. The commission may hear
359	359	an application for the formation of a public charter school by
360	360	an applicant only if one of the following factors is met:
361	361	a. An application to form a public charter school is
362	362	denied by the local school board overseeing that system and
363	363	the applicant chooses to appeal the decision of the local
364	364	school board to the commission.
365	365	b. The applicant wishes to open a start-up public
366	366	charter school in a public school system that has chosen not
367	367	to register as an authorizer.
368	368	(b) Public charter school cap.
369	369	(1) Authorizers may not approve more than 10 start-up
370	370	public charter schools in a fiscal year.
371	371	(2) Upon receiving notice of approval of the tenth
372	372	start-up public charter school to be approved in a fiscal
373	373	year, the department shall provide notice to all authorizers
374	374	that the cap has been reached and no new start-up public
375	375	charter schools may be approved in that fiscal year.
376	376	(3) The cap expires on April 1 immediately following
377	377	the conclusion of the fiscal year beginning October 1, 2020.
378	378	(4) At the conclusion of the fiscal year beginning
379	379	October 1, 2020, the department shall submit a report to the
380	380	Legislature outlining the performance of both start-up and
381	381	conversion public charter schools. This report shall include,
382	382	at a minimum, academic performance of all public charter
383	383	schools in the state, a detailed update on the authorizing
384	384	process, and recommendations for adjustments to public charter
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414	414	process, and recommendations for adjustments to public charter
415	415	school governance and oversight.
416	416	(5) There is no limit on the number of conversion
417	417	public charter schools that may be approved.
418	418	(c) The Alabama Public Charter School Commission.
419	419	(1) The commission is established as an independent
420	420	state entity.
421	421	(2) The mission of the commission is to authorize high
422	422	quality public charter schools, in accordance with the powers
423	423	expressly conferred on the commission in this chapter.
424	424	(3)a. The initial membership of the commission shall
425	425	consist of the following: The State Board of Education shall
426	426	appoint 10 members, made up of four appointees recommended by
427	427	the Governor, one appointee recommended by the Lieutenant
428	428	Governor, two appointees recommended by the President Pro
429	429	Tempore of the Senate, and three appointees recommended by the
430	430	Speaker of the House of Representatives. The Governor, the
431	431	Lieutenant Governor, the President Pro Tempore of the Senate,
432	432	and the Speaker of the House of Representatives shall each
433	433	recommend a list of no fewer than two nominees for each
434	434	initial appointment to the commission. One recommended initial
435	435	appointee of the President Pro Tempore of the Senate and one
436	436	recommended initial appointee of the Speaker of the House of
437	437	Representatives shall be an appointee recommended by members
438	438	of the Senate minority party and members of the House minority
439	439	party, respectively. No commission member can be appointed
440	440	unless he or she has been recommended by the Governor,
441	441	Lieutenant Governor, President Pro Tempore of the Senate, or
442	442	the Speaker of the House of Representatives.
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472	472	the Speaker of the House of Representatives.
473	473	b. Commencing on June 8, 2023, as the terms of the then
474	474	serving members expire, the nominating authority for that
475	475	respective serving member shall become the appointing
476	476	authority for his or her successor on the commission so that
477	477	the Governor shall appoint four members to the commission, the
478	478	Lieutenant Governor shall appoint one member to the
479	479	commission, the President Pro Tempore of the Senate shall
480	480	appoint two members to the commission, and the Speaker of the
481	481	House of Representatives shall appoint three members to the
482	482	commission. Commencing on June 8, 2023, one additional member
483	483	shall be appointed by the Minority Leader of the Senate and
484	484	one additional member shall be appointed by the Minority
485	485	Leader of the House of Representatives for four-year terms of
486	486	office as provided in subdivision (6).
487	487	(4) The appointing authorities of the commission
488	488	members shall strive to select individuals that collectively
489	489	possess strong experience and expertise in public and
490	490	nonprofit governance, strategic planning, management and
491	491	finance, public school leadership, assessment, curriculum and
492	492	instruction, and public education law. Each member of the
493	493	commission shall have demonstrated understanding of and
494	494	commitment to charter schooling as a tool for strengthening
495	495	public education and shall sign an agreement to hear the
496	496	appeal and review documents in a fair and impartial manner.
497	497	(5) Membership of the commission shall be inclusive and
498	498	reflect the racial, gender, geographic, urban, rural, and
499	499	economic diversity of the state.
500	500	(6) The initial appointments to the commission shall be
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530	530	(6) The initial appointments to the commission shall be
531	531	made no later than June 1, 2015. Two recommended initial
532	532	appointees of the Governor, one recommended initial appointee
533	533	of the Lieutenant Governor, one recommended initial appointee
534	534	of the Speaker of the House of Representatives, and one
535	535	recommended initial appointee of the President Pro Tempore of
536	536	the Senate shall serve an initial term of one year and two
537	537	recommended initial appointees of the Governor, two
538	538	recommended initial appointees of the Speaker of the House of
539	539	Representatives, and one recommended initial appointee of the
540	540	President Pro Tempore of the Senate shall serve an initial
541	541	term of two years. Thereafter, all appointees shall serve
542	542	four-year terms of office. All appointments shall be eligible
543	543	for reappointment as determined by the appointing authority,
544	544	not to exceed a total of eight years of service, unless the
545	545	member was initially appointed to serve a one-year term of
546	546	office. If the initial term of office of an appointee was one
547	547	year, he or she may serve a total of five nine years of
548	548	service on the commission.
549	549	(7) A member of the commission may be removed for
550	550	failure to perform the duties of the appointment. Whenever a
551	551	vacancy on the commission exists, the appointing authority,
552	552	within 60 days after the vacancy occurs, shall appoint a
553	553	member for the remaining portion of the term in the same
554	554	manner as the original appointment was made. A member of the
555	555	commission shall abstain from any vote that involves a local
556	556	school system of which he or she is an employee or which he or
557	557	she oversees as a member of a local school board.
558	558	(8) Six members of the commission constitute a quorum,
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588	588	(8) Six members of the commission constitute a quorum,
589	589	and a quorum shall be necessary to transact business. Actions
590	590	of the commission shall be by a majority vote of the
591	591	commission. The commission, in all respects, shall comply with
592	592	the Alabama Open Meetings Act and state record laws.
593	593	Notwithstanding the preceding sentence, members of the
594	594	commission may participate in a meeting of the commission by
595	595	means of telephone conference, video conference, or similar
596	596	communications equipment by means of which all persons
597	597	participating in the meeting may hear each other at the same
598	598	time. Participation by such means shall constitute presence in
599	599	person at a meeting for all purposes, including the
600	600	establishment of a quorum. Telephone or video conference or
601	601	similar communications equipment shall also allow members of
602	602	the public the opportunity to simultaneously listen to or
603	603	observe meetings of the commission.
604	604	(9) If the commission overrules the decision of a local
605	605	school board and chooses to authorize the establishment of a
606	606	public charter school in that local school system, the
607	607	commission shall serve as the authorizer for that public
608	608	charter school, pursuant to this chapter.
609	609	(10) Each member of the commission, upon assuming
610	610	office, shall complete an orientation program and an annual
611	611	training program thereafter, as developed by the commission.
612	612	The orientation program shall focus on roles and
613	613	responsibilities of charter school authorizers, laws impacting
614	614	commissioners as public officials, general education laws, and
615	615	best practices. In developing and implementing the programs,
616	616	the commission may consult national or state organizations
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646	646	the commission may consult national or state organizations
647	647	with training expertise. Before the start of each regular
648	648	legislative session, the commission shall provide a report to
649	649	each appointing authority regarding the implementation and
650	650	effectiveness of the programs. Failure to attend and complete
651	651	a required orientation or annual training program may
652	652	constitute grounds for removal from the commission by the
653	653	appointing authority.
654	654	(11) The commission may do any of the following:
655	655	a. Upon evaluation and agreement, share services,
656	656	facilities, supplies, and related costs with the department.
657	657	b. Adopt rules for the operation and organization of
658	658	the commission.
659	659	c. Review, at least once per year, department rules
660	660	concerning public charter schools and, if needed, recommend to
661	661	the State Superintendent of Education any rule changes deemed
662	662	necessary.
663	663	d. Convene stakeholder groups and engage experts.
664	664	e. Seek and receive state, federal, and private funds
665	665	for operational expenses.
666	666	f. Employ professional, administrative, technical, and
667	667	clerical staff, without regard to the state Merit System, who
668	668	shall serve at the pleasure of the commission. Staff employed
669	669	pursuant to this paragraph shall receive compensation and
670	670	benefits established by the commission, payable in the same
671	671	manner as state employees.
672	672	(12) A commission member may not receive compensation,
673	673	but shall be reimbursed by the department for travel and per
674	674	diem expenses at the same rates and in the same manner as
675	675	309
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704	704	diem expenses at the same rates and in the same manner as
705	705	state employees.
706	706	(13) The commission shall submit an annual report to
707	707	the department pursuant to subsection (g).
708	708	(14) In order to overrule the decision of a local
709	709	school board and authorize a public charter school, the
710	710	commission, in its own consideration of the application, shall
711	711	do all of the following:
712	712	a. Find evidence of a thorough and high-quality public
713	713	charter school application from the applicant based on the
714	714	authorizing standards in Section 16-6F-7(a)(8).
715	715	b. Hold an open community hearing opportunity for
716	716	public comment within the local school system where the
717	717	application was denied.
718	718	c. Find that the local board's denial of an original
719	719	charter application is not supported by the then current
720	720	application and exhibits.
721	721	d. Take into consideration all of the following:
722	722	1. Other existing charter school applications.
723	723	2. The quality of school options existing in the
724	724	affected community.
725	725	3. The existence of other charter schools.
726	726	4. Any other factors considered relevant to ensure the
727	727	establishment of high-quality charter schools in accordance
728	728	with the intent of this chapter.
729	729	e. At least 15 days prior to consideration of the
730	730	application, send a letter to the chair of the local school
731	731	board where the denial originated informing the local school
732	732	board that the commission will hear the appeal pursuant to a
733	733	337
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762	762	board that the commission will hear the appeal pursuant to a
763	763	public hearing and will provide the chair, or his or her
764	764	designee, the opportunity to address the commission at that
765	765	public hearing.
766	766	(d)(1) A local school board may apply to the department
767	767	for chartering authority within the boundaries of the school
768	768	system overseen by the local school board. The department
769	769	shall publicize to all local school boards the opportunity to
770	770	apply to the state for chartering authority within the school
771	771	system they oversee. By June 1 of each year, the department
772	772	shall provide information about the opportunity, including an
773	773	application deadline, to all local school boards. To apply as
774	774	a charter authorizer in its school system, each interested
775	775	local school board shall submit the following information in a
776	776	format to be established by the department:
777	777	a. Written notification of intent to serve as a charter
778	778	authorizer in accordance with this chapter.
779	779	b. An explanation of the local school board's capacity
780	780	and commitment to execute the duties of quality charter
781	781	authorizing, as defined by nationally recognized authorizing
782	782	standards.
783	783	c. An explanation of the local school board's strategic
784	784	vision for chartering.
785	785	d. An explanation of how the local school board plans
786	786	to solicit public charter school applicants, in accordance
787	787	with this chapter.
788	788	e. A description or outline of the performance
789	789	framework the local school board will use to guide the
790	790	establishment of a charter contract and for ongoing oversight
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820	820	establishment of a charter contract and for ongoing oversight
821	821	and evaluation of public charter schools, consistent with the
822	822	requirements of this chapter.
823	823	f. A draft of the local school board's renewal,
824	824	revocation, and nonrenewal processes, consistent with Section
825	825	16-6F-8(c).
826	826	g. A statement of assurance that the local school board
827	827	commits to serving as a charter authorizer and shall fully
828	828	participate in annual authorizer training approved by the
829	829	department.
830	830	(2) Once chartering authority is granted, the
831	831	registered local school board shall reapply to be an
832	832	authorizer every five years if the local school board wishes
833	833	to continue serving as an authorizer.
834	834	(e) If a local school board chooses not to register as
835	835	an authorizer, all applications seeking to open a start-up
836	836	public charter school within that local school board's
837	837	boundaries shall be denied. Applicants wishing to open a
838	838	public charter school physically located in that local school
839	839	system may apply directly to the commission.
840	840	(f) An authorizer may do all of the following:
841	841	(1) Solicit, invite, receive, and evaluate applications
842	842	from organizers of proposed public charter schools.
843	843	(2) Approve applications that meet identified
844	844	educational needs.
845	845	(3) Deny applications that do not meet identified
846	846	educational needs.
847	847	(4) Create a framework to guide the development of
848	848	charter contracts.
849	849	393
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878	878	charter contracts.
879	879	(5) Negotiate and execute charter contracts with each
880	880	approved public charter school.
881	881	(6) Monitor the academic, fiscal, and organizational
882	882	performance and compliance of public charter schools.
883	883	(7) Determine whether each charter contract merits
884	884	renewal or revocation.
885	885	(g) An A local school board authorizer shall submit to
886	886	the State Board of Education a publicly accessible annual
887	887	report within 60 days after the end of each school fiscal year
888	888	summarizing all of the following:
889	889	(1) The authorizer's strategic vision for chartering
890	890	and progress toward achieving that vision.
891	891	(2) The academic and financial performance of all
892	892	operating public charter schools overseen by the authorizer,
893	893	according to the performance measures and expectations
894	894	specified in the charter contracts.
895	895	(3) The status of the public charter school portfolio
896	896	of the authorizer, identifying all public charter schools
897	897	within that portfolio as one of the following:
898	898	a. Approved, but not yet open.
899	899	b. Open and operating.
900	900	c. Terminated.
901	901	d. Closed, including year closed and reason for
902	902	closing.
903	903	e. Never opened.
904	904	(4) The oversight and services, if any, provided by the
905	905	authorizer to the public charter schools under the purview of
906	906	the authorizer.
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911	911	425
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913	913	427
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916	916	430
917	917	431
918	918	432
919	919	433
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921	921	435
922	922	436
923	923	437
924	924	438
925	925	439
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936	936	the authorizer.
937	937	(5) The authorizing functions provided by the
938	938	authorizer to the public charter schools under its
939	939	jurisdiction, including the operating costs and expenses of
940	940	the authorizer detailed in annual audited financial statements
941	941	that conform to generally accepted accounting principles.
942	942	(6) All use of taxpayer dollars including expenditures,
943	943	contracts, and revenues.
944	944	(h) To cover costs for overseeing and authorizing
945	945	public charter schools in accordance with this chapter, a
946	946	local school board serving as an authorizer may do all of the
947	947	following:
948	948	(1) Expend its own resources, seek grant funds, and
949	949	establish partnerships to support its public charter school
950	950	authorizing activities.
951	951	(2) Charge a portion of annual per student state
952	952	allocations received by each public charter school it
953	953	authorizes based on the following schedule:
954	954	a. If the local school board has oversight over one to
955	955	three, inclusive, public charter schools: Three percent of
956	956	annual per student state allocations.
957	957	b. If the local school board has oversight over four to
958	958	five, inclusive, public charter schools: Two percent of annual
959	959	per student state allocations.
960	960	c. If the local school board has oversight over six to
961	961	10, inclusive, public charter schools: One percent of annual
962	962	per student state allocations.
963	963	d. These funds shall be used to cover the costs for a
964	964	local school board to provide authorizing services to its
965	965	449
966	966	450
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972	972	456
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974	974	458
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976	976	460
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994	994	local school board to provide authorizing services to its
995	995	public charter schools.
996	996	(i) An employee, agent, or representative of an
997	997	authorizer may not simultaneously serve as an employee, agent,
998	998	representative, vendor, or contractor of a start-up public
999	999	charter school of that authorizer.
1000	1000	(j) With the exception of charges for oversight
1001	1001	services as required in subsection (h), a public charter
1002	1002	school may not be required to purchase services from its
1003	1003	authorizer as a condition of charter approval or of a charter
1004	1004	contract, nor may any such condition be implied.
1005	1005	(k) A start-up public charter school authorized by a
1006	1006	local school system may choose to purchase services, such as
1007	1007	transportation-related or lunchroom-related services, from its
1008	1008	authorizer. In such event, the public charter school and
1009	1009	authorizer shall execute an annual service contract, separate
1010	1010	from the charter contract, stating the mutual agreement of the
1011	1011	parties concerning any service fees to be charged to the
1012	1012	public charter school. A start-up public charter school
1013	1013	authorized by the commission may not purchase services from
1014	1014	the commission, but consistent with this section, may purchase
1015	1015	services from the local school system where the public charter
1016	1016	school is located.
1017	1017	(l) The department shall oversee the performance and
1018	1018	effectiveness of all authorizers that are local school boards
1019	1019	established under this chapter. Persistently unsatisfactory
1020	1020	performance of the portfolio of the public charter schools of
1021	1021	an authorizer, a pattern of well-founded complaints about the
1022	1022	authorizer or its public charter schools, or other objective
1023	1023	477
1024	1024	478
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1034	1034	488
1035	1035	489
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1052	1052	authorizer or its public charter schools, or other objective
1053	1053	circumstances may trigger a special review by the department.
1054	1054	In reviewing and evaluating the performance of an authorizer,
1055	1055	the department shall apply nationally recognized standards for
1056	1056	quality in charter authorizing. If, at any time, the
1057	1057	department finds that an authorizer is not in compliance with
1058	1058	an existing charter contract or the requirements of all
1059	1059	authorizers under this chapter, the department shall notify
1060	1060	the authorizer in writing of any identified problem, and the
1061	1061	authorizer shall have reasonable opportunity to respond and
1062	1062	remedy the problem.
1063	1063	(m) If a local school board acting as an authorizer
1064	1064	persists in violating a material provision of a charter
1065	1065	contract or fails to remedy any other authorizing problem
1066	1066	after due notice from the department, the department shall
1067	1067	notify the local school board, within 60 days, that it intends
1068	1068	to revoke the chartering authority of the local school board
1069	1069	unless the local school board demonstrates a timely and
1070	1070	satisfactory remedy for the violation or deficiencies.
1071	1071	(n) If the commission violates a material provision of
1072	1072	a charter contract or fails to remedy any other authorizing
1073	1073	problems after due notice from the department, the department
1074	1074	shall notify the commission, within 60 days, that it intends
1075	1075	to notify the Governor, the Speaker of the House of
1076	1076	Representatives, and the President Pro Tempore of the Senate
1077	1077	of the actions of the commission unless the commission
1078	1078	demonstrates a timely and satisfactory remedy for the
1079	1079	violation of the deficiencies. Along with this notification,
1080	1080	the department shall publicly request in writing that the
1081	1081	505
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1099	1099	523
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1110	1110	the department shall publicly request in writing that the
1111	1111	Governor, the Speaker of the House of Representatives, and the
1112	1112	President Pro Tempore appointees comply with the requests of
1113	1113	the department or face a revocation of their appointment to
1114	1114	the commission.
1115	1115	(o) In the event of revocation of the chartering
1116	1116	authority of an authorizer, the department shall manage the
1117	1117	timely and orderly transfer of each start-up public charter
1118	1118	contract held by that authorizer to another authorizer in the
1119	1119	state, with the mutual agreement of each affected start-up
1120	1120	public charter school and proposed new authorizer. The new
1121	1121	authorizer shall assume the existing charter contract for the
1122	1122	remainder of the charter term.
1123	1123	(p) Authorizer power, duties, and liabilities.
1124	1124	Authorizers are responsible for executing, in accordance with
1125	1125	this chapter, the following essential powers and duties:
1126	1126	(1) Soliciting and evaluating charter applications
1127	1127	based on nationally recognized standards.
1128	1128	(2) Approving quality charter applications that meet
1129	1129	identified educational needs and promote a diversity of
1130	1130	high-quality educational choices.
1131	1131	(3) Declining to approve weak or inadequate charter
1132	1132	applications.
1133	1133	(4) Negotiating and executing charter contracts with
1134	1134	each approved public charter school.
1135	1135	(5) Monitoring, in accordance with charter contract
1136	1136	terms, the performance and legal compliance of public charter
1137	1137	schools.
1138	1138	(6) Determining whether each charter contract merits
1139	1139	533
1140	1140	534
1141	1141	535
1142	1142	536
1143	1143	537
1144	1144	538
1145	1145	539
1146	1146	540
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1148	1148	542
1149	1149	543
1150	1150	544
1151	1151	545
1152	1152	546
1153	1153	547
1154	1154	548
1155	1155	549
1156	1156	550
1157	1157	551
1158	1158	552
1159	1159	553
1160	1160	554
1161	1161	555
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1168	1168	(6) Determining whether each charter contract merits
1169	1169	renewal, nonrenewal, or revocation.
1170	1170	(q) An authorizer that grants a charter to a 501(c)(3)
1171	1171	tax-exempt organization for the purpose of opening and
1172	1172	operating a public charter school is not liable for the debts
1173	1173	or obligations of the public charter school, or for claims
1174	1174	arising from the performance of acts, errors, or omissions by
1175	1175	the charter school, if the authorizer has complied with all
1176	1176	oversight responsibilities required by law, including, but not
1177	1177	limited to, those required by this chapter.
1178	1178	(r) Principles and standards for charter authorizing.
1179	1179	(1) All authorizers shall be required to develop and
1180	1180	maintain chartering policies and practices consistent with
1181	1181	nationally recognized principles and standards for quality
1182	1182	charter authorizing in all major areas of authorizing
1183	1183	responsibility including: Organizational capacity and
1184	1184	infrastructure; soliciting and evaluating charter
1185	1185	applications; performance contracting; ongoing public charter
1186	1186	school oversight and evaluation; and charter renewal
1187	1187	decision-making. The State Board of Education shall adopt
1188	1188	reasonable rules to effectuate this section by June 17, 2015.
1189	1189	(2) Authorizers shall carry out all of their duties
1190	1190	under this chapter in a manner consistent with such nationally
1191	1191	recognized principles and standards and with the spirit and
1192	1192	intent of this chapter. Evidence of material or persistent
1193	1193	failure to do so shall constitute grounds for losing charter
1194	1194	authorizing powers."
1195	1195	"§16-6F-7
1196	1196	(a) Request for proposals.
1197	1197	561
1198	1198	562
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1206	1206	570
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1216	1216	580
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1225	1225	Page 22
1226	1226	(a) Request for proposals.
1227	1227	(1) To solicit, encourage, and guide the development of
1228	1228	quality start-up public charter school applications, every
1229	1229	local school board, in its role as public charter school
1230	1230	authorizer, shall issue and broadly publicize a request for
1231	1231	proposals for public charter school applications by July 17,
1232	1232	2015, and by November 1 in each subsequent year. The content
1233	1233	and dissemination of the request for proposals shall be
1234	1234	consistent with the purposes and requirements of this act
1235	1235	chapter. Authorizers that are local school boards developing
1236	1236	multiple conversion public charter schools shall issue and
1237	1237	broadly publicize a request for proposals for education
1238	1238	service providers .
1239	1239	(2) Public Start-up public charter school applicants
1240	1240	may submit a proposal for a particular public charter school
1241	1241	to no more than one local school board at a time.
1242	1242	(3) The department shall annually establish and
1243	1243	disseminate a statewide timeline for start-up charter approval
1244	1244	or denial decisions, which shall apply to all authorizers in
1245	1245	the state that are local school boards .
1246	1246	(4) Each local school board's request for proposals
1247	1247	shall present the board's strategic vision for chartering,
1248	1248	including a clear statement of any preferences the board
1249	1249	wishes to grant to applications that help at-risk students.
1250	1250	(5) The request for proposals shall include or
1251	1251	otherwise direct applicants to the performance framework that
1252	1252	the authorizer has developed for public charter school
1253	1253	oversight and evaluation in accordance with this chapter.
1254	1254	(6) The request for proposals shall include the
1255	1255	589
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1284	1284	(6) The request for proposals shall include the
1285	1285	criteria that will guide the authorizer's decision to approve
1286	1286	or deny a start-up charter application.
1287	1287	(7) The request for proposals shall state clear,
1288	1288	appropriately detailed questions as well as guidelines
1289	1289	concerning the format and content essential for applicants to
1290	1290	demonstrate the capacities necessary to establish and operate
1291	1291	a successful start-up public charter school.
1292	1292	(8) The request for proposals shall require charter
1293	1293	applications to provide or describe thoroughly all of the
1294	1294	following essential elements of the proposed school plan:
1295	1295	a. An executive summary.
1296	1296	b. The mission and vision of the proposed start-up
1297	1297	public charter school, including identification of the
1298	1298	targeted student population and the community the school hopes
1299	1299	to serve.
1300	1300	c. The location or geographic area proposed for the
1301	1301	school.
1302	1302	d. The grades to be served each year for the full term
1303	1303	of the charter contract.
1304	1304	e. Minimum, planned, and maximum enrollment per grade
1305	1305	per year for the term of the charter contract.
1306	1306	f. Evidence of need and community support for the
1307	1307	proposed start-up public charter school.
1308	1308	g. A brief biography regarding the expertise and
1309	1309	background on the proposed founding governing members and the
1310	1310	proposed school leadership and management team.
1311	1311	h. The school's proposed calendar and sample daily
1312	1312	schedule.
1313	1313	617
1314	1314	618
1315	1315	619
1316	1316	620
1317	1317	621
1318	1318	622
1319	1319	623
1320	1320	624
1321	1321	625
1322	1322	626
1323	1323	627
1324	1324	628
1325	1325	629
1326	1326	630
1327	1327	631
1328	1328	632
1329	1329	633
1330	1330	634
1331	1331	635
1332	1332	636
1333	1333	637
1334	1334	638
1335	1335	639
1336	1336	640
1337	1337	641
1338	1338	642
1339	1339	643
1340	1340	644 SB336 INTRODUCED
1341	1341	Page 24
1342	1342	schedule.
1343	1343	i. A description of the academic program.
1344	1344	j. A description of the school's instructional design,
1345	1345	including the type of learning environment, such as
1346	1346	classroom-based or independent study, class size and
1347	1347	structure, curriculum overview, and teaching methods.
1348	1348	k. The school's plan for using internal and external
1349	1349	assessments to measure and report student progress.
1350	1350	l. The school's plan for identifying and successfully
1351	1351	serving students with disabilities, students who are English
1352	1352	language learners, students who are academically behind, and
1353	1353	gifted students, including, but not limited to, compliance
1354	1354	with applicable laws and regulations.
1355	1355	m. A description of cocurricular or extracurricular
1356	1356	programs and how they will be funded and delivered.
1357	1357	n. Plans and timelines for student recruitment and
1358	1358	enrollment, including random selection procedures in the event
1359	1359	that interest exceeds capacity.
1360	1360	o. The school's student discipline policies, including
1361	1361	those for special education students.
1362	1362	p. An organization chart that clearly presents the
1363	1363	school's organizational structure, including lines of
1364	1364	authority and reporting between the governing board, staff,
1365	1365	any related bodies, such as advisory bodies or parent and
1366	1366	teacher councils, and any external organizations that will
1367	1367	play a role in managing the school.
1368	1368	q. A clear description of the roles and
1369	1369	responsibilities for the governing board, the school's
1370	1370	leadership and management team, and any other entities shown
1371	1371	645
1372	1372	646
1373	1373	647
1374	1374	648
1375	1375	649
1376	1376	650
1377	1377	651
1378	1378	652
1379	1379	653
1380	1380	654
1381	1381	655
1382	1382	656
1383	1383	657
1384	1384	658
1385	1385	659
1386	1386	660
1387	1387	661
1388	1388	662
1389	1389	663
1390	1390	664
1391	1391	665
1392	1392	666
1393	1393	667
1394	1394	668
1395	1395	669
1396	1396	670
1397	1397	671
1398	1398	672 SB336 INTRODUCED
1399	1399	Page 25
1400	1400	leadership and management team, and any other entities shown
1401	1401	in the organization chart.
1402	1402	r. A staffing chart for the school's first year, and a
1403	1403	staffing plan for the term of the charter.
1404	1404	s. Plans for recruiting and developing school
1405	1405	leadership and staff.
1406	1406	t. The school's leadership and teacher employment
1407	1407	policies, including performance evaluation plans.
1408	1408	u. Proposed governing bylaws.
1409	1409	v. Explanations of any partnerships or contractual
1410	1410	relationships central to the school's operations or mission.
1411	1411	w. The school's plans for providing transportation,
1412	1412	food service, and all other significant operational or
1413	1413	ancillary services.
1414	1414	x. Opportunities and expectations for parental
1415	1415	involvement.
1416	1416	y. A detailed school start-up plan, identifying tasks,
1417	1417	timelines, and responsible individuals.
1418	1418	z. Description of the school's financial plan and
1419	1419	policies, including financial controls and audit requirements.
1420	1420	This plan shall include a disclosure of all donations of
1421	1421	private funding, if any, including, but not limited to, gifts
1422	1422	received from foreign governments, foreign legal entities,
1423	1423	and, when reasonably known, domestic entities affiliated with
1424	1424	either foreign governments or foreign legal entities.
1425	1425	aa. A description of the insurance coverage the school
1426	1426	will obtain.
1427	1427	bb. Start-up and five-year budgets with clearly stated
1428	1428	assumptions.
1429	1429	673
1430	1430	674
1431	1431	675
1432	1432	676
1433	1433	677
1434	1434	678
1435	1435	679
1436	1436	680
1437	1437	681
1438	1438	682
1439	1439	683
1440	1440	684
1441	1441	685
1442	1442	686
1443	1443	687
1444	1444	688
1445	1445	689
1446	1446	690
1447	1447	691
1448	1448	692
1449	1449	693
1450	1450	694
1451	1451	695
1452	1452	696
1453	1453	697
1454	1454	698
1455	1455	699
1456	1456	700 SB336 INTRODUCED
1457	1457	Page 26
1458	1458	assumptions.
1459	1459	cc. Evidence of anticipated fundraising contributions,
1460	1460	if claimed in the application.
1461	1461	dd. A sound facilities plan, including backup or
1462	1462	contingency plans, if appropriate.
1463	1463	ee. In the case of an applicant who has submitted an
1464	1464	application for 501(c)(3) tax-exempt status, but has not yet
1465	1465	been approved for 501(c)(3) tax-exempt status, the applicant
1466	1466	shall submit a copy of the application for 501(c)(3)
1467	1467	tax-exempt status.
1468	1468	ff. Any other item that the authorizer deems
1469	1469	appropriate to assess the applicant's ability to successfully
1470	1470	open and operate a public charter school.
1471	1471	(9) Conversion public charter schools. A local school
1472	1472	board may convert a one or more non-charter public school
1473	1473	schools to a conversion public charter school or conversion
1474	1474	public charter school district as provided in Section
1475	1475	16-6F-7.1.
1476	1476	a. Any local school board's decision to convert a
1477	1477	school or multiple schools is not appealable to the
1478	1478	commission.
1479	1479	1. After identifying the non-charter public school it
1480	1480	or schools the local school board authorizer has decided to
1481	1481	convert to a conversion public charter school schools, an
1482	1482	authorizer that is a local school board shall release a
1483	1483	request for proposals, allowing education service providers
1484	1484	the opportunity to submit applications to manage the specific
1485	1485	school schools as a public charter school schools under the
1486	1486	terms of this chapter. If no qualified education service
1487	1487	701
1488	1488	702
1489	1489	703
1490	1490	704
1491	1491	705
1492	1492	706
1493	1493	707
1494	1494	708
1495	1495	709
1496	1496	710
1497	1497	711
1498	1498	712
1499	1499	713
1500	1500	714
1501	1501	715
1502	1502	716
1503	1503	717
1504	1504	718
1505	1505	719
1506	1506	720
1507	1507	721
1508	1508	722
1509	1509	723
1510	1510	724
1511	1511	725
1512	1512	726
1513	1513	727
1514	1514	728 SB336 INTRODUCED
1515	1515	Page 27
1516	1516	terms of this chapter. If no qualified education service
1517	1517	provider submits an application, the authorizer may employ
1518	1518	individuals with expertise to manage the conversion public
1519	1519	charter schools.
1520	1520	2. The conversion must occur at the beginning of an
1521	1521	academic school year and shall be subject to compliance with
1522	1522	this chapter.
1523	1523	3. At the time of conversion to a public charter
1524	1524	school, any teacher or administrator in the newly converted
1525	1525	public charter school shall have the opportunity to interview
1526	1526	for a position in the public charter school. The public
1527	1527	charter school is under no obligation to hire any teacher or
1528	1528	administrator.
1529	1529	4. At the time of conversion to a public charter
1530	1530	school, any teacher or administrator in the public charter
1531	1531	school may be allowed to transfer into vacant positions for
1532	1532	which they are both certified and qualified in other schools
1533	1533	in the school system prior to the hiring of new personnel for
1534	1534	those vacant positions.
1535	1535	5. If personnel reductions are contemplated as the
1536	1536	result of a conversion to a charter model, that shall be
1537	1537	clearly stated in the application. An approved conversion
1538	1538	shall constitute decreased student enrollment or a shortage of
1539	1539	revenues, or both, for the purposes of the local school board
1540	1540	implementing a reduction in force pursuant to Section 16-1-33.
1541	1541	b. After an education service provider has or other
1542	1542	qualified individuals have been identified to manage the
1543	1543	non-charter approved conversion public charter school, the
1544	1544	local school board shall negotiate a performance contract with
1545	1545	729
1546	1546	730
1547	1547	731
1548	1548	732
1549	1549	733
1550	1550	734
1551	1551	735
1552	1552	736
1553	1553	737
1554	1554	738
1555	1555	739
1556	1556	740
1557	1557	741
1558	1558	742
1559	1559	743
1560	1560	744
1561	1561	745
1562	1562	746
1563	1563	747
1564	1564	748
1565	1565	749
1566	1566	750
1567	1567	751
1568	1568	752
1569	1569	753
1570	1570	754
1571	1571	755
1572	1572	756 SB336 INTRODUCED
1573	1573	Page 28
1574	1574	local school board shall negotiate a performance contract with
1575	1575	the selected education service provider or qualified
1576	1576	individuals as set forth in subdivision (e)(1) of subsection
1577	1577	(e).
1578	1578	(10) In the case of a proposed start-up public charter
1579	1579	school that intends to contract with an education service
1580	1580	provider for substantial education services, management
1581	1581	services, or both types of services, the request for proposals
1582	1582	shall additionally require the applicants to do all of the
1583	1583	following:
1584	1584	a. Provide evidence of the education service provider's
1585	1585	success in serving student populations similar to the targeted
1586	1586	population, including demonstrated academic achievement as
1587	1587	well as successful management of nonacademic school functions,
1588	1588	if applicable.
1589	1589	b. Provide a term sheet setting forth the proposed
1590	1590	duration of the service contract; roles and responsibilities
1591	1591	of the governing board; the school staff; and the education
1592	1592	service provider; scope of services and resources to be
1593	1593	provided by the education service provider; performance
1594	1594	evaluation measures and timelines; compensation structure,
1595	1595	including clear identification of all fees to be paid to the
1596	1596	education service provider; methods of contract oversight and
1597	1597	enforcement; investment disclosure; and conditions for renewal
1598	1598	and termination of the contract.
1599	1599	c. Disclose and explain any existing or potential
1600	1600	conflicts of interest between the school governing board and
1601	1601	proposed education service provider or any affiliated business
1602	1602	entities.
1603	1603	757
1604	1604	758
1605	1605	759
1606	1606	760
1607	1607	761
1608	1608	762
1609	1609	763
1610	1610	764
1611	1611	765
1612	1612	766
1613	1613	767
1614	1614	768
1615	1615	769
1616	1616	770
1617	1617	771
1618	1618	772
1619	1619	773
1620	1620	774
1621	1621	775
1622	1622	776
1623	1623	777
1624	1624	778
1625	1625	779
1626	1626	780
1627	1627	781
1628	1628	782
1629	1629	783
1630	1630	784 SB336 INTRODUCED
1631	1631	Page 29
1632	1632	entities.
1633	1633	(11) In the case of a public charter school proposal
1634	1634	from an applicant that currently operates one or more schools
1635	1635	inside or outside of Alabama, the request for proposals shall
1636	1636	additionally require the applicant to provide evidence of past
1637	1637	performance and current ability to manage for growth.
1638	1638	(b) Application decision-making process.
1639	1639	(1) In evaluating and reviewing charter applications,
1640	1640	authorizers shall employ procedures, practices, and criteria
1641	1641	consistent with nationally recognized principles and standards
1642	1642	for quality charter authorizing. The application review
1643	1643	process shall include thorough evaluation of each written
1644	1644	charter application, an in-person interview with the applicant
1645	1645	group, and an opportunity in a public forum for local
1646	1646	residents to learn about and provide input on each
1647	1647	application.
1648	1648	(2) In deciding whether to approve charter
1649	1649	applications, authorizers shall do all of the following:
1650	1650	a. Grant charters only to applicants that have
1651	1651	demonstrated competence in each element of the authorizer's
1652	1652	published approval criteria and are likely to open and operate
1653	1653	a successful public charter school.
1654	1654	b. Base decisions on documented evidence collected
1655	1655	through the application review process.
1656	1656	c. Follow charter-granting policies and practices that
1657	1657	are transparent, based on merit, and avoid conflicts of
1658	1658	interest or any appearance thereof.
1659	1659	d. In the case of the commission, require significant
1660	1660	and objective evidence of interest for the public charter
1661	1661	785
1662	1662	786
1663	1663	787
1664	1664	788
1665	1665	789
1666	1666	790
1667	1667	791
1668	1668	792
1669	1669	793
1670	1670	794
1671	1671	795
1672	1672	796
1673	1673	797
1674	1674	798
1675	1675	799
1676	1676	800
1677	1677	801
1678	1678	802
1679	1679	803
1680	1680	804
1681	1681	805
1682	1682	806
1683	1683	807
1684	1684	808
1685	1685	809
1686	1686	810
1687	1687	811
1688	1688	812 SB336 INTRODUCED
1689	1689	Page 30
1690	1690	and objective evidence of interest for the public charter
1691	1691	school from the community the public charter school wishes to
1692	1692	serve.
1693	1693	(3) An authorizer shall not approve a public charter
1694	1694	school application that includes any of the following:
1695	1695	a. Admissions requirements for entry , including, but
1696	1696	not limited to, academic proficiency, particular skills or
1697	1697	competencies, or financial means.
1698	1698	b. Any parochial or religious theme.
1699	1699	(4) No later than 60 days after the filing of the
1700	1700	charter application, the authorizer shall decide to approve or
1701	1701	deny the charter application; however, an application
1702	1702	submitted by a public historically black college or university
1703	1703	(HBCU), in partnership with a national nonprofit public HBCU
1704	1704	support organization, for a charter school to be operated on
1705	1705	or near the campus of the HBCU may be considered for expedited
1706	1706	approval by the authorizer. The authorizer shall adopt by
1707	1707	resolution all charter approval or denial decisions in an open
1708	1708	meeting. If no action is taken on the application within 60
1709	1709	days, the application shall be considered denied and the
1710	1710	applicant may appeal the decision to the commission.
1711	1711	(5) An approval decision may include, if appropriate,
1712	1712	reasonable conditions that the charter applicant must meet
1713	1713	before a charter contract may be executed pursuant to this
1714	1714	section.
1715	1715	(6) For any charter denial, the authorizer shall
1716	1716	clearly state, for public record, its reasons for denial. A
1717	1717	denied applicant may subsequently reapply to that board the
1718	1718	following year or appeal the denial to the commission.
1719	1719	813
1720	1720	814
1721	1721	815
1722	1722	816
1723	1723	817
1724	1724	818
1725	1725	819
1726	1726	820
1727	1727	821
1728	1728	822
1729	1729	823
1730	1730	824
1731	1731	825
1732	1732	826
1733	1733	827
1734	1734	828
1735	1735	829
1736	1736	830
1737	1737	831
1738	1738	832
1739	1739	833
1740	1740	834
1741	1741	835
1742	1742	836
1743	1743	837
1744	1744	838
1745	1745	839
1746	1746	840 SB336 INTRODUCED
1747	1747	Page 31
1748	1748	following year or appeal the denial to the commission.
1749	1749	(7) Within 30 days of taking action to approve or deny
1750	1750	a charter application, the authorizer shall report to the
1751	1751	department the action it has taken. The authorizer shall
1752	1752	provide a copy of the report to the charter applicant at the
1753	1753	same time that the report is submitted to the department. The
1754	1754	report shall include a copy of the authorizer's resolution
1755	1755	setting forth the action taken and reasons for the decision
1756	1756	and assurances as to compliance with all of the procedural
1757	1757	requirements and application elements set forth in this
1758	1758	section.
1759	1759	(c)(1) The applicant for a public charter school, the
1760	1760	local school board for the district in which a public charter
1761	1761	school is proposed to be located, and the authorizer shall
1762	1762	carefully review the potential impact of an application for a
1763	1763	public charter school on the efforts of the local school
1764	1764	system to comply with court orders and statutory obligations
1765	1765	for creating and maintaining a unitary system of desegregated
1766	1766	public schools.
1767	1767	(2) The authorizer shall attempt to measure the likely
1768	1768	impact of a proposed public charter school on the efforts of
1769	1769	local school systems to achieve and maintain a unitary system.
1770	1770	(3) The authorizer shall not approve any public charter
1771	1771	school under this chapter that hampers, delays, or in any
1772	1772	manner negatively affects the desegregation efforts of a local
1773	1773	school system.
1774	1774	(d) Initial charter term. An initial charter shall be
1775	1775	granted for a term of five operating years. The charter term
1776	1776	shall commence on the public charter school's first day of
1777	1777	841
1778	1778	842
1779	1779	843
1780	1780	844
1781	1781	845
1782	1782	846
1783	1783	847
1784	1784	848
1785	1785	849
1786	1786	850
1787	1787	851
1788	1788	852
1789	1789	853
1790	1790	854
1791	1791	855
1792	1792	856
1793	1793	857
1794	1794	858
1795	1795	859
1796	1796	860
1797	1797	861
1798	1798	862
1799	1799	863
1800	1800	864
1801	1801	865
1802	1802	866
1803	1803	867
1804	1804	868 SB336 INTRODUCED
1805	1805	Page 32
1806	1806	shall commence on the public charter school's first day of
1807	1807	operation. An approved public charter school may delay its
1808	1808	opening for one school year in order to plan and prepare for
1809	1809	the school's opening. If the school requires an opening delay
1810	1810	of more than one year, the school shall request an extension
1811	1811	from its authorizer. The authorizer may grant or deny the
1812	1812	extension depending on the particular school's circumstances.
1813	1813	(e) Charter contracts.
1814	1814	(1) Within 60 days of approval of a charter
1815	1815	application, the authorizer and the governing board of the
1816	1816	approved public charter school shall execute a charter
1817	1817	contract that clearly sets forth the academic and operational
1818	1818	performance expectations and measures by which the public
1819	1819	charter school will be judged and the administrative
1820	1820	relationship between the authorizer and the public charter
1821	1821	school, including each party's rights and duties. The
1822	1822	performance expectations and measures set forth in the charter
1823	1823	contract shall include, but need not be limited to, applicable
1824	1824	federal and state accountability requirements. The performance
1825	1825	provisions may be refined or amended by mutual agreement after
1826	1826	the public charter school is operating and has collected
1827	1827	baseline achievement data for its enrolled students. A
1828	1828	governing board shall have received 501(c)(3) tax exempt
1829	1829	status before beginning charter contract negotiations.
1830	1830	(2) The charter contract shall be signed by the
1831	1831	president of the authorizer's board and the president of the
1832	1832	public charter school's governing body. Within 10 days of
1833	1833	executing a charter contract, the authorizer shall submit to
1834	1834	the department written notification of the executed charter
1835	1835	869
1836	1836	870
1837	1837	871
1838	1838	872
1839	1839	873
1840	1840	874
1841	1841	875
1842	1842	876
1843	1843	877
1844	1844	878
1845	1845	879
1846	1846	880
1847	1847	881
1848	1848	882
1849	1849	883
1850	1850	884
1851	1851	885
1852	1852	886
1853	1853	887
1854	1854	888
1855	1855	889
1856	1856	890
1857	1857	891
1858	1858	892
1859	1859	893
1860	1860	894
1861	1861	895
1862	1862	896 SB336 INTRODUCED
1863	1863	Page 33
1864	1864	the department written notification of the executed charter
1865	1865	contract and any attachments.
1866	1866	(3) No public charter school may commence operations
1867	1867	without a charter contract executed in accordance with this
1868	1868	chapter and approved in an open meeting of the authorizer's
1869	1869	governing board.
1870	1870	(f) Preopening requirements or conditions. Authorizers
1871	1871	may establish reasonable preopening requirements or conditions
1872	1872	to monitor the start-up progress of newly approved public
1873	1873	charter schools and ensure that they are prepared to open
1874	1874	smoothly on the date agreed, and to ensure that each school
1875	1875	meets all building, health, safety, insurance, and other legal
1876	1876	requirements for school opening."
1877	1877	Section 2. Section 16-6F-7.1 is added to the Code of
1878	1878	Alabama 1975, to read as follows:
1879	1879	§16-6F-7.1
1880	1880	(a) An authorizer that is a local school board may
1881	1881	create a conversion public charter school district by granting
1882	1882	conversion public charter school status to each existing
1883	1883	non-charter public school located within a non-charter public
1884	1884	school district within the boundaries of the local school
1885	1885	system under its management and control. The number of
1886	1886	conversion public charter schools approved within the
1887	1887	boundaries of the local school system shall be less than the
1888	1888	number of non-charter public schools that exist within that
1889	1889	local school system.
1890	1890	(b) Any provision of this chapter to the contrary
1891	1891	notwithstanding, the local school board shall serve as the
1892	1892	governing board of each conversion public charter school
1893	1893	897
1894	1894	898
1895	1895	899
1896	1896	900
1897	1897	901
1898	1898	902
1899	1899	903
1900	1900	904
1901	1901	905
1902	1902	906
1903	1903	907
1904	1904	908
1905	1905	909
1906	1906	910
1907	1907	911
1908	1908	912
1909	1909	913
1910	1910	914
1911	1911	915
1912	1912	916
1913	1913	917
1914	1914	918
1915	1915	919
1916	1916	920
1917	1917	921
1918	1918	922
1919	1919	923
1920	1920	924 SB336 INTRODUCED
1921	1921	Page 34
1922	1922	governing board of each conversion public charter school
1923	1923	located within the conversion public charter school district.
1924	1924	Section 3. This act shall become effective on October
1925	1925	1, 2025.
1926	1926	925
1927	1927	926
1928	1928	927