Session Law

Identifying Information:L. 2002 ch. 080
Other Identifying Information:2002 Senate Bill 402
Tax Type:Other
Brief Description:An Act concerning charter schools; amending K.S.A. 2001 Supp. 72-1903, 72-1904, 72- 1906 and 72-1907 and repealing the existing sections; also repealing K.S.A. 2001 Supp. 72-1905.
Keywords:


Body:

CHAPTER 80

SENATE BILL No. 402


An Act concerning charter schools; amending K.S.A. 2001 Supp. 72-1903, 72-1904, 72-

1906 and 72-1907 and repealing the existing sections; also repealing K.S.A. 2001 Supp.


72-1905.


Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) The state board of education may adopt rules and

regulations to:

(1) Administer the provisions of K.S.A. 2001 Supp. 72-1903 et. seq.,

and amendments thereto;

(2) require periodic reports from charter schools; and

(3) establish additional criteria for evaluating and approving charter

schools.

(b) Charter schools approved on or before July 1, 2002, are not re-

quired to comply with rules and regulations adopted pursuant to subsec-

tion (a) until the charter of such school expires.

Sec. 2. K.S.A. 2001 Supp. 72-1903 is hereby amended to read as

follows: 72-1903. (a) It is the intention of this act article 19 of chapter 72

of the Kansas Statutes Annotated, and amendments thereto, to provide an

alternative means within the public school system for ensuring accom-

plishment of the necessary outcomes of education by offering opportu-

nities for school building or school district employees groups, educational

services contractors, and other persons or entities to establish and main-

tain charter school programs schools that operate within a school district

structure, but independently from other school programs schools of the

district.

(b) As used in article 19 of chapter 72 of the Kansas Statutes Anno-

tated, and amendments thereto, ``charter school'' means a separate and

distinct school, attendance at which is voluntary, which is established to

accomplish one or more of the purposes set forth in article 19 of chapter

72 of the Kansas Statutes Annotated, and amendments thereto. Each char-

ter school shall be subject to accreditation requirements of the state board

of education and must be accredited to maintain its charter. A charter

school may be maintained in a separate facility or in an existing school

facility if the charter school is operated separately from the other school

in the shared facility. Each charter school shall offer a general curriculum

appropriate to the grades offered at the charter school, but may include

one or more special programs as part of its curriculum. A charter school

also may be organized around a special emphasis, theme or concept or

utilize innovative educational methods or practices, or a combination of

these.

Sec. 3. K.S.A. 2001 Supp. 72-1904 is hereby amended to read as

follows: 72-1904. The board of education of any school district may au-

thorize the establishment of a nonsectarian, outcomes-oriented educa-

tional program, hereinafter referred to as a charter school, as a means of

providing new opportunities for:

(a) Improved pupil learning;

(b) increased learning opportunities for pupils in special areas of em-

phasis in accord with themes established for charter schools;

(c) creative and unconventional instructional techniques and struc-

tures;

(d) new professional vistas for teachers who operate such schools or

who choose to work in them; and

(e) freedom from conventional program constraints and mandates.

Sec. 4. K.S.A. 2001 Supp. 72-1906 is hereby amended to read as

follows: 72-1906. (a) The state board of education shall design and pre-

scribe the format of a petition for establishment of charter schools. The

petition shall be designed in a manner that will provide for inclusion of

a description of the key elements of the charter under which the school

will be operated. The board of education of a school district may adopt

policies and procedures for receiving, reviewing and screening petitions.

(b) A petition for the establishment of a charter school may be pre-

pared and submitted to the board of education of a school district by or

on behalf of a school building or school district employees group, an

educational services contractor, or any other person or entity. Any such

petition shall be submitted by not later than December 1 of the school

year preceding the school year in which the charter school is proposed

to be established.

(c) The board of education of a school district shall receive and review

each petition for establishment or continuation of a charter school and

may grant or renew a charter for operation of the school. The charter

must contain the following key elements:

(1) A description of the educational program of the school, including

the facilities that will be used to house the program;

(2) a description of the level of interest and support on the part of

school district employees, parents, and the community;

(3) specification of program goals and the measurable pupil outcomes

consonant with achieving the goals;

(4) explanation of how pupil performance in achieving the specified

outcomes will be measured, evaluated, and reported;

(5) the governance structure of the school, including the means of

ensuring accountability to the board of education;

(6) a description of qualifications to be met by persons employed by

the district for assignment to the charter school;

(7) procedures that will be followed to ensure the health and safety

of pupils and staff;

(8) criteria for admission of pupils, including a description of the lot-

tery method to be used if too many pupils seek enrollment in the school;

(9) manner in which annual financial and program audits will be con-

ducted;

(10) pupil suspension and expulsion policies, to the extent there is

deviation from districtwide policies;

(11) manner of pupil participation in the Kansas assessment program;

(12) terms and conditions of employment in the charter school;

(13) specification of the manner in which contracts of employment

and status of certificated employees of the district who participate in the

operation of the school will be dealt with upon nonrenewal or revocation

of the charter or upon a decision by any such employees to discontinue

participation in the operation of the school;

(14) identification of school district policies and state board of edu-

cation rules and regulations from which waiver is sought in order to fa-

cilitate operation of the school and explanation of the reasons such waivers

are being requested; and

(15) the proposed school budget.

(d) In addition to satisfying a board of education with regard to the

key elements contained in the charter, a charter school must comply with

the following requirements in order to qualify for establishment or con-

tinuation:

(1) The school must be focused on outcomes or results and must

participate in the quality performance accreditation process unless a spe-

cific request documenting the reasons for deviation from the process is

submitted to and approved by the board of education and the state board

of education;

(2) pupils in attendance at the school must be reasonably reflective

of the racial and socio-economic composition of the school district as a

whole;

(3) pupils may not be charged tuition; and

(4) compliance with applicable health, safety, and access laws must

be assured.

(e) If, upon receipt of a petition for establishment or continuation of

a charter school, a board of education finds the petition to be incomplete,

the board may request the necessary information from the petitioner.

After receiving a satisfactory petition, the board of education shall give

notice of the time, date and place for the holding of a public hearing on

the petition and shall rule on the petition within 30 days after the public

hearing is held. If the board of education approves the petition, the board

shall notify the petitioner and the state board of education within 30 days

after the approval or by February 1 of the school year preceding the

school year in which the charter school is proposed to be established,

whichever is earlier.

(f) After being notified by a board of education of the approval of a

petition, the state board shall determine whether the charter school is in

compliance with applicable state and federal laws and rules and regula-

tions. If the charter school is found to be in compliance with such laws

and rules and regulations, the state board shall approve establishment of

the charter school. If the charter school is not in compliance with such

laws and rules and regulations, establishment of the school shall not be

approved until the state board's objections have been satisfied. can rea-

sonably be expected to accomplish the program goals such charter school

established pursuant to subsection (c). If the state board finds such charter

school is not likely to achieve such program goals, the state board shall

not approve the petition.

(g) If the state board receives notification of the approval of petitions

by boards of education for establishment of more than 30 charter schools

that are found to be in compliance with applicable state and federal laws

and rules and regulations, the state board shall select and approve estab-

lishment of the 30 charter schools deemed to possess the greatest poten-

tial for successful operation. The state board shall notify boards of edu-

cation and petitioners for the establishment of a charter school of the

approval or disapproval thereof by not later than April 1 of the school

year preceding the school year in which the charter school is proposed

to be established.

(f) (h) If a charter school that has been approved for establishment

has sought waiver from any school district policy or state board of edu-

cation rules and regulations, the board of education of the school district

in which the charter school will be established may consider the reasons

for which the waivers have been requested. If the board of education

determines that the reasons for seeking such waivers are meritorious and

legitimately related to successful operation of the charter school, the

board of education may grant waiver of school district policy and may

make application, on behalf of the charter school, to the state board of

education for waiver of state board rules and regulations. The state board

may consider the application for waiver and approve, deny, or amend and

approve the application. Upon approval or amendment and approval of

the application, the charter school may operate under the terms and con-

ditions of the waiver. The manner and method of exercising the rights

and performing the responsibilities, duties and functions provided for

under any school district policy or state board rules and regulations that

are waived under authority of this subsection shall be prescribed in the

charter and governed thereby.

Sec. 5. K.S.A. 2001 Supp. 72-1907 is hereby amended to read as

follows: 72-1907. (a) Whenever a charter school has been approved for

establishment or continuation by the board of education of a school dis-

trict and the state board of education, no other approval shall be required

for a period of three school years. The board of education may consider

renewal of the operational status of the charter school at the conclusion

of such three-year period and may either renew the charter and continue

operation of the school, subject to approval by the state board of educa-

tion, or nonrenew the charter and discontinue operation of the school.

(b) Renewal of the operational status of the charter school shall be

approved only if the charter school has demonstrated progress in achiev-

ing the program goals it established pursuant to K.S.A. 2001 Supp. 72-

1906, and amendments thereto. The board of education of a school district

shall first determine whether the charter school is demonstrating such

progress. If approved by the board of education, the state board shall

review such progress and approve or nonrenew the charter or discontinue

operation of the school.

(c) The board of education shall revoke the charter of a school if the

school:

(1) Materially violates provisions contained in the charter;

(2) fails to meet or pursue to make progress in achieving the educa-

tional objectives program goals contained in the charter;

(3) fails to comply with fiscal accountability procedures as specified

in the charter; or

(4) violates rules and regulations of the state board of education that

have not been waived by the state board.

(b) (d) Prior to nonrenewing or revoking a charter, a board of edu-

cation shall hold a hearing on the issues in controversy. Spokespersons

for the charter school shall be provided the opportunity to present infor-

mation refuting the basis upon which the nonrenewal or revocation is

premised. At least 30 days notice must be provided to representatives of

the charter school prior to the hearing. Within 60 days after the hearing,

the board of education shall announce its decision on the nonrenewal or

revocation issue. The board may abandon the proposed nonrenewal or

revocation, nonrenew or revoke the charter, or continue recognition of

the charter contingent upon compliance with specified conditions. The

decision of a board of education to nonrenew or revoke a charter is not

subject to appeal; however, the charter school authorities may renew pro-

cedures for authority to operate a charter school.

Sec. 6. K.S.A. 2001 Supp. 72-1903, 72-1904, 72-1905, 72-1906 and

72-1907 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 23, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002