Oklahoma 2022 Regular Session

Oklahoma House Bill HB2755 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	HB2755 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2755 By: Echols of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2755 By: Echols of the House
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31	39		and
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33	41		David of the Senate
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40		-	[ schools - requiring school districts to give
41		-	charter schools the opportunity to submit capital
42		-	projects for bond proposals - modifying charter
43		-	school authority to issue bonds - effective date ]
	48	+
	49	+
	50	+	COMMITTEE SUBSTITUTE
	51	+
	52	+	An Act relating to s chools; amending 70 O.S. 2011,
	53	+	Section 15-101, which relates to school bonds;
	54	+	requiring school districts to give charter schools
	55	+	the opportunity to submit capital projects for bond
	56	+	proposals; directing charter schools and school
	57	+	districts to collaborate fo r certain purpose;
	58	+	declaring certain capital project properties shall be
	59	+	owned by the school district; providing the charter
	60	+	school shall maintain possession and control of the
	61	+	property under certain circumstances; directing
	62	+	school districts to assume prop erty under certain
	63	+	circumstances; defining terms; amending 70 O.S. 2011,
	64	+	Sections 3-136, as amended by Section 1, Chapter 277,
	65	+	O.S.L. 2014 and 3-142, as last amended by Section 1,
	66	+	Chapter 122, O.S.L. 2020 (70 O.S. Supp. 2020,
	67	+	Sections 3-136 and 3-142), which relate to the
	68	+	Oklahoma Charter Schools Act; modifying charter
	69	+	school authority to issue bonds; and providing an
	70	+	effective date.
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48		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49		-	SECTION 1. AMENDATORY 70 O.S. 2011, Section 15 -101, is
50		-	amended to read as follows:
51		-	Section 15-101. A. Whenever it shall become necessary f or the
52		-	board of education of any school district to raise sufficient funds
53		-	for the purchase of a school site or sites, or to erect or purchase
54		-	and equip a suitable school building or buildings, either or both,
55		-	or for the purpose of making repairs to an exi sting school building
56		-	or buildings, or for the purchase of school furniture and fixtures,
57		-	or for making improvements to any school site or sites, either or
58		-	both, it shall be lawful for such board of education to borrow money
59		-	for which it is hereby authoriz ed and empowered to issue bonds
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	77	+	HB2755 HFLR Page 2
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	103	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	104	+	SECTION 1. AMENDATORY 70 O.S. 2011, Sect ion 15-101, is
	105	+	amended to read as follows:
	106	+	Section 15-101. A. Whenever it shall become necessary for the
	107	+	board of education of any school district to raise sufficient funds
	108	+	for the purchase of a school site or sites, or to erect or purchase
	109	+	and equip a suitable school building or buildings, either or both,
	110	+	or for the purpose of making repairs to an existing school building
	111	+	or buildings, or for the purchase of school furniture and fixtures,
	112	+	or for making improvements to any school site or sites, either or
	113	+	both, it shall be lawful for such board of education to borrow money
	114	+	for which it is hereby authorized and empowered to issue bonds
86	115		bearing a rate of interest not exceeding seven percent (7%) per
87	116		annum, payable semiannually, at such place as may be shown o n the
88	117		face of such bonds, which bonds shall be payable serially as
89	118		otherwise provided by law in not more than twenty -five (25) years
90	119		from date; and the board of education is hereby authorized and
91	120		empowered to sell such bonds at not less than their par valu e;
92	121		provided, before any bonds shall be issued, the board of education
93	122		shall cause an election to be held in such district as herein
94	123		provided; provided, further, bonds may be voted in one issue and at
95	124		the same election for any or all of the purposes hereinb efore
96	125		enumerated.
97		-	B. Prior to causing an election on a bond proposal to be held,
98		-	any school district that sponsors a charter school pursuant to
99		-	paragraph 1 of subsection A of Section 3 -132 of this title shall
100		-	give its sponsored charter schools the opportunity to submit capital
101		-	projects beneficial to the charter school for inclusion in the bond
102		-	proposal. If a sponsored charter school submits capital projects
103		-	for inclusion in the bond proposal, the board of education of the
104		-	school district and the charter school shall collaborate to ensure
105		-	that the value of the charter school's capital projects in the bon d
106		-	proposal is at least proportional, as a percentage of the value of
107		-	the entire bond proposal, to the percentage of total students that
108		-	are enrolled in the charter school.
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	153	+	B. Prior to causing an election on a bond proposal to be held,
	154	+	any school district that sponsors a charter school pursuant to
	155	+	paragraph 1 of subsection A of Section 3 -132 of this title shall
	156	+	give its sponsored charter schools the opportu nity to submit capital
	157	+	projects beneficial to the charter school for inclusion in the bond
	158	+	proposal. If a sponsored charter school submits capital projects
	159	+	for inclusion in the bond proposal, the board of education of the
	160	+	school district and the charter s chool shall collaborate to ensure
	161	+	that the value of the charter school's capital projects in the bond
	162	+	proposal is at least proportional, as a percentage of the value of
	163	+	the entire bond proposal, to the percentage of total students that
	164	+	are enrolled in the charter school.
135	165		C. Any property purchased as the result of a capital project
136	166		submitted by a sponsored charter school shall be owned by the school
137	167		district that issued the bonds. Except as otherwise provided in
138	168		this subsection, the charter school submitti ng the capital project
139	169		shall maintain possession and control of such property until
140	170		termination of or failure to renew the charter school contract as
141	171		provided in Section 3 -137 of this title or the charter school fails
142	172		to continue operations. Provided that , if a charter continues
143	173		operation within the physical boundaries of the original school
144	174		district sponsor under a new charter sponsored by an entity
145	175		authorized pursuant to Section 3 -132 of this title, the charter
146	176		school may maintain possession and control of the property for use
147		-	in the operation of the charter school until termination of or
148		-	failure to renew the subsequent charter school contract or the
149		-	charter school fails to continue operations. Upon termination of or
150		-	failure to renew the subsequent charter school contract or failure
151		-	to continue operations, possession and control of all property
152		-	purchased with bond proceeds shall be assumed by the school district
153		-	that owns the property.
154		-	D. For purposes of this section:
155		-	1. "Capital project" shall mean purchasing a school site or
156		-	sites, erecting or purchasing and equipping a suitable school
157		-	building or buildings, making repairs to an existing school building
158		-	or buildings, purchasing school furniture and fixtures, making
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	204	+	in the operation of the charter school until termination of or
	205	+	failure to renew the subsequent charter school contract or the
	206	+	charter school fails to continue operations. Upon termination of or
	207	+	failure to renew the subsequent chart er school contract or failure
	208	+	to continue operations, possession and control of all property
	209	+	purchased with bond proceeds shall be assumed by the school district
	210	+	that owns the property.
	211	+	D. For purposes of this section:
	212	+	1. "Capital project" shall mean pur chasing a school site or
	213	+	sites, erecting or purchasing and equipping a suitable school
	214	+	building or buildings, making repairs to an existing school building
	215	+	or buildings, purchasing school furniture and fixtures, making
185	216		improvements to any school site or si tes, or purchasing school
186	217		equipment including such equipment as enumerated in Sections 15 -106
187	218		and 15-106.1 of this title; and
188	219		2. "Total students" shall mean the sum of the number of
189	220		students enrolled in traditional schools within the school district
190	221		plus the number of students enrolled in charter schools sponsored by
191	222		the school district.
192	223		SECTION 2. AMENDATORY 70 O.S. 2011, Section 3 -136, as
193	224		amended by Section 1, Chapter 277, O.S.L. 2014 (70 O.S. Supp. 2020,
194	225		Section 3-136), is amended to read as follows:
195	226		Section 3-136. A. A charter school shall adopt a charter which
196	227		will ensure compliance with the following:
197		-	1. A charter school shall comply with all federal regulations
198		-	and state and local rules and statutes relating to health, safety,
199		-	civil rights and insurance. By January 1, 2000, the State
200		-	Department of Education shall prepa re a list of relevant rules and
201		-	statutes which a charter school must comply with as required by this
202		-	paragraph and shall annually provide an update to the list;
203		-	2. A charter school shall be nonsectarian in its programs,
204		-	admission policies, employment prac tices, and all other operations.
205		-	A sponsor may not authorize a charter school or program that is
206		-	affiliated with a nonpublic sectarian school or religious
207		-	institution;
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	255	+	1. A charter school shall comply with all federal regulations
	256	+	and state and local rules and statutes relating to health, sa fety,
	257	+	civil rights and insurance. By January 1, 2000, the State
	258	+	Department of Education shall prepare a list of relevant rules and
	259	+	statutes which a charter school must comply with as required by this
	260	+	paragraph and shall annually provide an update to the l ist;
	261	+	2. A charter school shall be nonsectarian in its programs,
	262	+	admission policies, employment practices, and all other operations.
	263	+	A sponsor may not authorize a charter school or program that is
	264	+	affiliated with a nonpublic sectarian school or religious
	265	+	institution;
234	266		3. The charter school may provide a comprehensive program of
235	267		instruction for a prekindergarten program, a kindergarten program or
236	268		any grade between grades one and twelve. Instruction may be
237	269		provided to all persons between the ages of four (4 ) and twenty-one
238	270		(21) years. A charter school may offer a curriculum which
239	271		emphasizes a specific learning philosophy or style or certain
240	272		subject areas such as mathematics, science, fine arts, performance
241	273		arts, or foreign language. The charter of a charte r school which
242	274		offers grades nine through twelve shall specifically address whether
243	275		the charter school will comply with the graduation requirements
244	276		established in Section 11 -103.6 of this title. No charter school
245	277		shall be chartered for the purpose of offe ring a curriculum for deaf
246	278		or blind students that is the same or similar to the curriculum
247		-	being provided by or for educating deaf or blind students that are
248		-	being served by the Oklahoma School for the Blind or the Oklahoma
249		-	School for the Deaf;
250		-	4. A charter school shall participate in the testing as
251		-	required by the Oklahoma School Testing Program Act an d the
252		-	reporting of test results as is required of a school district. A
253		-	charter school shall also provide any necessary data to the Office
254		-	of Accountability;
255		-	5. Except as provided for in the Oklahoma Charter Schools Act
256		-	and its charter, a charter school s hall be exempt from all statutes
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	306	+	being provided by or for educating deaf or blind students that are
	307	+	being served by the Oklahoma School for the Blind or the Oklahoma
	308	+	School for the Deaf;
	309	+	4. A charter school shall participate in the testing as
	310	+	required by the Oklahoma School Testing Program Act and the
	311	+	reporting of test results as is required of a school district. A
	312	+	charter school shall also provide any necessary data to the Office
	313	+	of Accountability;
	314	+	5. Except as provided for in the Oklahoma Charter Schools Act
	315	+	and its charter, a charter school shall be exempt from all statutes
283	316		and rules relating to schools, boards of education, and school
284	317		districts;
285	318		6. A charter school, to the extent possible, sha ll be subject
286	319		to the same reporting requirements, financial audits, audit
287	320		procedures, and audit requirements as a school district. The State
288	321		Department of Education or State Auditor and Inspector may conduct
289	322		financial, program, or compliance audits. A ch arter school shall
290	323		use the Oklahoma Cost Accounting System to report financial
291	324		transactions to the sponsoring school district;
292	325		7. A charter school shall comply with all federal and state
293	326		laws relating to the education of children with disabilities in the
294	327		same manner as a school district;
295		-	8. A charter school shall provide for a governing body for the
296		-	school which shall be responsible for the policies and operational
297		-	decisions of the charter school;
298		-	9. A charter school shall not be used as a method of generating
299		-	revenue for students who are being home schooled and are not being
300		-	educated at an organized c harter school site;
301		-	10. A charter school may not charge tuition or fees;
302		-	11. A charter school shall provide instruction each year for at
303		-	least the number of days required in Section 1 -109 of this title;
304		-	12. A charter school shall comply with the student suspension
305		-	requirements provided for in Section 24 -101.3 of this title;
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	355	+	8. A charter school shall provide for a governing body for the
	356	+	school which shall be responsible for the policies and operational
	357	+	decisions of the charter school;
	358	+	9. A charter school shall not be used as a method of gene rating
	359	+	revenue for students who are being home schooled and are not being
	360	+	educated at an organized charter school site;
	361	+	10. A charter school may not charge tuition or fees;
	362	+	11. A charter school shall provide instruction each year for at
	363	+	least the number of days required in Section 1 -109 of this title;
	364	+	12. A charter school shall comply with the student suspension
	365	+	requirements provided for in Section 24 -101.3 of this title;
332	366		13. A charter school shall be considered a school district for
333	367		purposes of tort liability under The Governmental Tort Claims Act;
334	368		14. Employees of a charter school may participate as members of
335	369		the Teachers' Retirement System of Oklahoma in accordance with
336	370		applicable statutes and rules if otherwise allowed pursuant to law;
337	371		15. A charter school may participate in all health and related
338	372		insurance programs available to the employees of the sponsor of the
339	373		charter school;
340	374		16. A charter school shall comply with the Oklahoma Open
341	375		Meeting Act and the Oklahoma Open Records Act;
342	376		17. The governing body of a charter school shall be subject to
343	377		the same conflict of interest requirements as a member of a local
344	378		school board; and
345		-	18. No later than September 1 each year, the governing board of
346		-	each charter school formed pursuant to the Oklahoma Charter Schools
347		-	Act shall prepare a statement of actual income and expenditures for
348		-	the charter school for the fiscal year that ended on the preceding
349		-	June 30, in a manner compliant with Section 5 -135 of this title.
350		-	The statement of expenditures shall include functional categories as
351		-	defined in rules adopted by the State Board of Education to
352		-	implement the Oklahoma Cost Accounting System pursuant to Section 5 -
353		-	145 of this title. Charter schools shall not be permitted to submit
354		-	estimates of expenditures or prorated amounts to fulfill the
355		-	requirements of this paragraph.
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	406	+	18. No later than September 1 each year, the governing board of
	407	+	each charter school formed pursuant to the Oklahoma Charte r Schools
	408	+	Act shall prepare a statement of actual income and expenditures for
	409	+	the charter school for the fiscal year that ended on the preceding
	410	+	June 30, in a manner compliant with Section 5 -135 of this title.
	411	+	The statement of expenditures shall include f unctional categories as
	412	+	defined in rules adopted by the State Board of Education to
	413	+	implement the Oklahoma Cost Accounting System pursuant to Section 5 -
	414	+	145 of this title. Charter schools shall not be permitted to submit
	415	+	estimates of expenditures or prorat ed amounts to fulfill the
	416	+	requirements of this paragraph.
382	417		B. The charter of a charter school shall include a description
383	418		of the personnel policies, personnel qualifications, and method of
384	419		school governance, and the specific role and duties of the sponsor
385	420		of the charter school.
386	421		C. The charter of a charter school may be amended at the
387	422		request of the governing body of the charter school and upon the
388	423		approval of the sponsor.
389	424		D. A charter school may enter into contracts and sue and be
390	425		sued.
391	426		E. The governing body of a charter school may not levy taxes or
392	427		issue bonds; provided, however, a charter school sponsored by the
393	428		board of education of a school district may submit capital projects
394		-	for inclusion in the school district's bond proposal as provided in
395		-	Section 15-101 of this title.
396		-	F. The charter of a charter school shall include a provision
397		-	specifying the method or methods to be employed for disposing of
398		-	real and personal property acquired by the charter school upon
399		-	expiration or termination of the charter or failure of the charter
400		-	school to continue operations. Except as otherwise provided, any
401		-	real or personal property purchased with state or local funds shall
402		-	be retained by the sponsoring school district. If a charter school
403		-	that was previously sponsored by the board of education of a school
404		-	district continues operation within the school district under a new
405		-	charter sponsored by an entity authorized pursuant to Section 3 -132
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	456	+	for inclusion in the school district's bond proposal as provided in
	457	+	Section 15-101 of this title.
	458	+	F. The charter of a charter school shall include a provision
	459	+	specifying the method or methods to be employed for disposing of
	460	+	real and personal property acquired by the charter school upon
	461	+	expiration or termination of the charter or failure of the charter
	462	+	school to continue operations. Except as otherwise provided, any
	463	+	real or personal property purchased with state or local funds shall
	464	+	be retained by the sponsoring school district. If a charter school
	465	+	that was previously sponsored by the board of education of a school
	466	+	district continues operation within the school district under a new
	467	+	charter sponsored by an entity authorized pursuant to Section 3 -132
432	468		of this title, the charter school may retain any personal property
433	469		purchased with state or local funds for use in the operation of the
434	470		charter school until termination of the new charter or failure of
435	471		the charter school to continue operations.
436	472		SECTION 3. AMENDATORY 70 O.S. 2011, Section 3 -142, as
437	473		last amended by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp.
438	474		2020, Section 3-142), is amended to read as follows:
439	475		Section 3-142. A. For purposes of funding, a charter school
440	476		sponsored by a board of education of a school district shall be
441	477		considered a site within the school district in which the charter
442	478		school is located. The student membership of the charter school
443	479		shall be considered separate from the student membership of the
444		-	district in which the charter school is located for the purpose of
445		-	calculating weighted average daily membership pursuant to Section
446		-	18-201.1 of this title and State Aid pursuant to Sec tion 18-200.1 of
447		-	this title. For charter schools sponsored by a board of education
448		-	of a school district, the sum of the separate calculations for the
449		-	charter school and the school district shall be used to determine
450		-	the total State Aid allocation for the district in which the charter
451		-	school is located. A charter school shall receive from the
452		-	sponsoring school district, the State Aid allocation and any other
453		-	state-appropriated revenue generated by its students for the
454		-	applicable year, less up to three perc ent (3%) of the State Aid
455		-	allocation, which may be retained by the school district as a fee
456	480
457		-	ENGR. H. B. NO. 2755 Page 10 1
	481	+	HB2755 HFLR Page 10
	482	+	BOLD FACE denotes Committee Amendments. 1
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	507	+	district in which the charter school is located for the purpose of
	508	+	calculating weighted average daily membership pursuant to Section
	509	+	18-201.1 of this title and State Aid pursuant to Section 18 -200.1 of
	510	+	this title. For charter schools sponsored by a board of education
	511	+	of a school district, the sum of the separate calculations for the
	512	+	charter school and the school district shall be used to determine
	513	+	the total State Aid allocation for the district in which the charter
	514	+	school is located. A charter school shall receive from the
	515	+	sponsoring school district, the State Aid allocation and any other
	516	+	state-appropriated revenue generated by its students for the
	517	+	applicable year, less up to three percent (3%) of the State Aid
	518	+	allocation, which may be retained by the school district as a fee
482	519		for administrative services rendered. For charter schools spons ored
483	520		by the board of education of a technology center school district, a
484	521		higher education institution, the State Board of Education, or a
485	522		federally recognized Indian tribe and for statewide virtual charter
486	523		schools sponsored by the Statewide Virtual Charter School Board, the
487	524		State Aid allocation for the charter school shall be distributed by
488	525		the State Board of Education and not more than three percent (3%) of
489	526		the State Aid allocation may be charged by the sponsor as a fee for
490	527		administrative services rendered . The State Board of Education
491	528		shall determine the policy and procedure for making payments to a
492	529		charter school. The fee for administrative services as authorized
493	530		in this subsection shall only be assessed on the State Aid
494		-	allocation amount and shall not be assessed on any other
495		-	appropriated amounts. A sponsor of a charter school shall not
496		-	retain any additional State Aid allocation or charge the charter
497		-	school any additional fee above the amounts allowed by this
498		-	subsection unless the additional fees are for additional services
499		-	rendered. The charter school sponsor shall provide to the State
500		-	Department of Education financial records documenting any state
501		-	funds retained by the sponsor for administrative services rendered
502		-	for the previous year.
503		-	B. 1. The weighted average daily membership for the first year
504		-	of operation of a charter school shall be determi ned initially by
505		-	multiplying the actual enrollment of students as of August 1 by
506	531
507		-	ENGR. H. B. NO. 2755 Page 11 1
	532	+	HB2755 HFLR Page 11
	533	+	BOLD FACE denotes Committee Amendments. 1
508	534		2
509	535		3
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	558	+	allocation amount and shall not be assessed on any other
	559	+	appropriated amounts. A sponsor of a charter school shall not
	560	+	retain any additional State Aid allocation or charge the charter
	561	+	school any additional fee above the amounts allowed by this
	562	+	subsection unless the additional fees are f or additional services
	563	+	rendered. The charter school sponsor shall provide to the State
	564	+	Department of Education financial records documenting any state
	565	+	funds retained by the sponsor for administrative services rendered
	566	+	for the previous year.
	567	+	B. 1. The weighted average daily membership for the first year
	568	+	of operation of a charter school shall be determined initially by
	569	+	multiplying the actual enrollment of students as of August 1 by
532	570		1.333. The charter school shall receive revenue equal to that which
533	571		would be generated by the estimated weighted average daily
534	572		membership calculated pursuant to this paragraph. At midyear, the
535	573		allocation for the charter school shall be adjusted using the first
536	574		quarter weighted average daily membership for the charter school
537	575		calculated pursuant to subsection A of this section.
538	576		2. For the purpose of calculating weighted average daily
539	577		membership pursuant to Section 18 -201.1 of this title and State Aid
540	578		pursuant to Section 18 -200.1 of this title, the weighted average
541	579		daily membership for the first year of operation and each year
542	580		thereafter of a full -time virtual charter school shall be determined
543	581		by multiplying the actual enrollment of students as of August 1 by
544		-	1.333. The full-time virtual charter school shall receive revenue
545		-	equal to that which would be generated by the estimated weighted
546		-	average daily membership calculated purs uant to this paragraph. At
547		-	midyear, the allocation for the full -time virtual charter school
548		-	shall be adjusted using the first quarter weighted average daily
549		-	membership for the virtual charter school calculated pursuant to
550		-	subsection A of this section.
551		-	C. A charter school shall be eligible to receive any other aid,
552		-	grants or revenues allowed to other schools. A charter school
553		-	sponsored by the board of education of a technology center school
554		-	district, a higher education institution, the State Board of
555		-	Education, or a federally recognized Indian tribe shall be
556	582
557		-	ENGR. H. B. NO. 2755 Page 12 1
	583	+	HB2755 HFLR Page 12
	584	+	BOLD FACE denotes Committee Amendments. 1
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581	608
	609	+	1.333. The full-time virtual charter school shall receive revenue
	610	+	equal to that which would be generated by the estimated weighted
	611	+	average daily membership calculated pursuant to this paragraph. At
	612	+	midyear, the allocation for the full -time virtual charter school
	613	+	shall be adjusted using the first quarter weighted average dail y
	614	+	membership for the virtual charter school calculated pursuant to
	615	+	subsection A of this section.
	616	+	C. A charter school shall be eligible to receive any other aid,
	617	+	grants or revenues allowed to other schools. A charter school
	618	+	sponsored by the board of educa tion of a technology center school
	619	+	district, a higher education institution, the State Board of
	620	+	Education, or a federally recognized Indian tribe shall be
582	621		considered a local education agency for purposes of funding. A
583	622		charter school sponsored by a board o f education of a school
584	623		district shall be considered a local education agency for purposes
585	624		of federal funding.
586	625		D. A charter school, in addition to the money received from the
587	626		state, may receive money from any other source. Any unexpended
588	627		funds may be reserved and used for future purposes. The governing
589	628		body of a charter school shall not levy taxes or issue bonds ;
590	629		provided, however, a charter school sponsored by the board of
591	630		education of a school district may submit capital projects for
592	631		inclusion in the school district's bond proposal as provided in
593	632		Section 15-101 of this title. If otherwise allowed by law, the
594		-	governing body of a charter school may enter into private contracts
595		-	for the purposes of borrowing money from lenders. If the governing
596		-	body of the charter school borrows money, the charter school shall
597		-	be solely responsible for repaying the debt , and the state or the
598		-	sponsor shall not in any way be responsible or obligated to repay
599		-	the debt.
600		-	E. Any charter school which chooses to lease property shall be
601		-	eligible to receive current government lease rates.
602		-	F. Except as otherwise provided in this subsection, each
603		-	charter school shall pay to the Charter School Closure Reimbursement
604		-	Revolving Fund created in subsection G of this section an amount
605		-	equal to Five Dollars ($5.00) per student based on average daily
606	633
607		-	ENGR. H. B. NO. 2755 Page 13 1
	634	+	HB2755 HFLR Page 13
	635	+	BOLD FACE denotes Committee Amendments. 1
608	636		2
609	637		3
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611	639		5
612	640		6
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614	642		8
615	643		9
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631	659
	660	+	governing body of a charter school may enter into private contracts
	661	+	for the purposes of borrowing money from lenders. If the governing
	662	+	body of the charter school borrows money, the charter school shall
	663	+	be solely responsible for repaying the debt, and the state or the
	664	+	sponsor shall not in any way be responsible or obligated to repay
	665	+	the debt.
	666	+	E. Any charter school which chooses to lease property sh all be
	667	+	eligible to receive current government lease rates.
	668	+	F. Except as otherwise provided in this subsection, each
	669	+	charter school shall pay to the Charter School Closure Reimbursement
	670	+	Revolving Fund created in subsection G of this section an amount
	671	+	equal to Five Dollars ($5.00) per student based on average daily
632	672		membership, as defined by paragraph 2 of Section 18 -107 of this
633	673		title, during the first nine (9) weeks of the school year. Each
634	674		charter school shall complete the payment every school year within
635	675		thirty (30) days after the first nine (9) weeks of the school year.
636	676		If the Charter School Closure Reimbursement Revolving Fund has a
637	677		balance of One Million Dollars ($1,000,000.00) or more on July 1, no
638	678		payment shall be required the following school year.
639	679		G. There is hereby created in the State Treasury a revolving
640	680		fund for the State Department of Education to be designated the
641	681		"Charter School Closure Reimbursement Revolving Fund". The fund
642	682		shall be a continuing fund, not subject to fiscal year limitation s,
643	683		and shall consist of all monies received by the State Department of
644		-	Education from charter school s as provided in subsection F of this
645		-	section. All monies accruing to the credit of said fund are hereby
646		-	appropriated and may be budgeted and expended by the State
647		-	Department of Education for the purpose of reimbursing charter
648		-	school sponsors for costs in curred due to the closure of a charter
649		-	school. Expenditures from said fund shall be made upon warrants
650		-	issued by the State Treasurer against claims filed as prescribed by
651		-	law with the Director of the Office of Management and Enterprise
652		-	Services for approval and payment. The State Department of
653		-	Education may promulgate rules regarding sponsor eligibility for
654		-	reimbursement.
655		-	SECTION 4. This act shall become effective November 1, 2021.
656	684
657		-	ENGR. H. B. NO. 2755 Page 14 1
	685	+	HB2755 HFLR Page 14
	686	+	BOLD FACE denotes Committee Amendments. 1
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682		-	Passed the House of Representatives the 9th day of March, 2021.
	711	+	Education from charter schools as provided in subsection F of this
	712	+	section. All monies accruing to the credit of said fund are hereby
	713	+	appropriated and may be budgeted and expended by t he State
	714	+	Department of Education for the purpose of reimbursing charter
	715	+	school sponsors for costs incurred due to the closure of a charter
	716	+	school. Expenditures from said fund shall be made upon warrants
	717	+	issued by the State Treasurer against claims filed a s prescribed by
	718	+	law with the Director of the Office of Management and Enterprise
	719	+	Services for approval and payment. The State Department of
	720	+	Education may promulgate rules regarding sponsor eligibility for
	721	+	reimbursement.
	722	+	SECTION 4. This act shall become effective November 1, 2021.
683	723
684		-
685		-
686		-
687		-	Presiding Officer of the House
688		-	of Representatives
689		-
690		-
691		-	Passed the Senate the ___ day of __________, 2021.
692		-
693		-
694		-
695		-
696		-	Presiding Officer of the Senate
697		-
698		-
	724	+	COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/01/2021 - DO PASS,
	725	+	As Amended and Coauthored.