Session of 1998
HOUSE BILL No. 2851
By Committee on Education
2-9
9
AN ACT concerning charter schools; relating to
the establishment and
10 continuation thereof;
amending K.S.A. 1997 Supp. 72-1903, 72-1904,
11 72-1906, 72-1907 and
72-1910 and repealing the existing sections; also
12 repealing K.S.A. 1997
Supp. 72-1905.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. K.S.A.
1997 Supp. 72-1903 is hereby amended to read as
16 follows: 72-1903. It is the intention of
this act to provide an alternative
17 means within the public school system for
ensuring accomplishment of
18 the necessary outcomes of education by
offering opportunities for boards
19 of education, school building or
school district employees groups,
edu-
20 cational services
contractors, and other persons or
entities parents of
21 school district pupils to establish
and maintain charter school programs
22 that operate within a school district
structure, but independently from
23 other school programs of the district.
24 Sec. 2. K.S.A. 1997
Supp. 72-1904 is hereby amended to read as
25 follows: 72-1904. (a) The board of
education of any school district may
26 establish or authorize the
establishment of a nonsectarian, outcomes-ori-
27 ented educational program, hereinafter
referred to as a charter school, as
28 a means of providing new opportunities
for:
29
(a) (1) Improved pupil
learning;
30
(b) (2) increased learning
opportunities for pupils in special areas of
31 emphasis in accord with themes established
for charter schools;
32
(c) (3) creative and
unconventional instructional techniques and
33 structures;
34
(d) (4) new professional
vistas for teachers who operate such schools
35 or who choose to work in them; and
36
(e) (5) freedom from
conventional program constraints and man-
37 dates.
38 (b) Any charter
school established after the effective date of this act
39 must be established for the purpose of
serving pupils in attendance at
40 schools in the bottom 1/3 of schools
whose pupils have shown the lowest
41 level of performance on the state
assessments in reading and mathematics
42 and who have shown little improvement
over the past three years.
43 Sec. 3. K.S.A. 1997
Supp. 72-1906 is hereby amended to read as
HB 2851
2
1 follows: 72-1906. (a) The state board
of education may adopt rules and
2 regulations for the administration
of this act and shall design and pre-
3 scribe the format of a petition for
establishment of charter schools. The
4 petition shall be designed in a
manner that will provide for inclusion of
5 a description of the key elements of
the charter under which the school
6 will be operated. The board of
education of a school district may adopt
7 policies and procedures for
receiving , and reviewing
and screening peti-
8 tions.
9 (b) A petition for
the establishment of a charter school may be pre-
10 pared and submitted to the board of
education of a school district by or
11 on behalf of a school building or school
district employees group , an
12 educational services
contractor, assigned to a low performing school
or
13 by the parents of any other
person or entity pupil or pupils in attendance
14 at any such school. Any such
petition shall be submitted by not later than
15 December 1 of the school year preceding the
school year in which the
16 charter school is proposed to be
established.
17 (c) The board of
education of a school district shall receive and review
18 each petition for establishment or
continuation of a charter school and
19 may grant or renew a charter for operation
of the school. The charter
20 must contain the following key
elements:
21 (1) A description of the
educational program of the school,
including
22 the facilities that will be used to
house the which program must utilize
23 innovative and experimental procedures
and activities which require
24 waiver from specified school district
policies and state board of education
25 rules and regulations;
26 (2) a description of the
level of interest and support on the part of
27 school district employees, parents, and the
community;
28 (3) specification of
program goals and the measurable pupil outcomes
29 consonant with achieving the goals;
30 (4) explanation of how
pupil performance in achieving the specified
31 outcomes will be measured, evaluated, and
reported;
32 (5) the governance
structure of the school, including the means of
33 ensuring accountability to the board of
education;
34 (6) a description of
qualifications to be met by persons employed by
35 the district for assignment to the charter
school;
36 (7) procedures that will
be followed to ensure the health and safety
37 of pupils and staff;
38 (8) criteria for
admission of pupils, including a description of the lot-
39 tery method to be used if too many pupils
seek enrollment in the school;
40 (9) manner in which
annual financial and program audits will be con-
41 ducted;
42 (10) pupil suspension
and expulsion policies, to the extent there is
43 deviation from districtwide policies;
HB 2851
3
1 (11) manner of
pupil participation in the Kansas assessment program;
2 (12) terms and
conditions of employment in the charter school;
3 (13) specification
of the manner in which contracts of employment
4 and status of certificated employees
of the district who participate in the
5 operation of the school will be dealt
with upon nonrenewal or revocation
6 of the charter or upon a decision by
any such employees to discontinue
7 participation in the operation of the
school;
8
(14) identification of school district
policies , and state board of
edu-
9 cation rules and
regulations , and statutory
requirements from which
10 waiver is
must be sought in order to facilitate operation of the
school and
11 explanation of the reasons such waivers are
being requested; and
12 (15) a description of
the facilities that will be used to house the pro-
13 gram; and
14
(15) (16) the proposed
school budget.
15 (d) In addition to
satisfying a board of education
fulfilling the require-
16 ments of subsection (c) with regard
to the key elements that must be
17 contained in the charter, a charter school
also must comply with the
18 following requirements in order to qualify
for establishment or continu-
19 ation:
20 (1) The school must be
focused on outcomes or results and
must
21 participate in the quality performance
accreditation process unless a spe-
22 cific request documenting the reasons for
deviation from the process is
23 submitted to and approved by the
board of education and the state
board
24 of education;
25 (2) pupils in attendance
at the school must be reasonably reflective
26 of the racial and socio-economic
composition of the school district as a
27 whole;
28 (3) pupils may not be
charged tuition; and
29 (4) compliance with
applicable health, safety, and access laws must
30 be assured.
31 (e) If, upon receipt of
a petition for establishment or continuation of
32 a charter school, a board of education
finds the petition to be incomplete,
33 the board may request the necessary
information from the petitioner.
34 After receiving a
satisfactory petition that
adequately fulfills the require-
35 ments of this act, the board of
education shall give notice of the
time,
36 date and place for the holding of a
public hearing on the petition and
37 shall rule on the petition within
30 days after the public hearing is held.
38 If the board of education
approves approve the petition ,
the board shall
39 and notify the petitioner and the
state board of education within 30 days
40 after the approval or by February 1 of the
school year preceding the
41 school year in which the charter school is
proposed to be established,
42 whichever is earlier. After being notified
by a board of education of the
43 approval of a petition, the state board
shall determine whether the charter
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1 school is in compliance with
applicable state and federal laws and rules
2 and regulations. If the charter
school is found to be in compliance with
3 such laws and rules and regulations,
the state board shall may
approve
4 establishment of the charter school.
If the charter school is not in com-
5 pliance with such laws and rules and
regulations, establishment of the
6 school shall not be approved until
the state board's objections have been
7 satisfied. If the
state board receives notification of the approval of
peti-
8 tions by boards of education
for establishment of more than 15 charter
9 schools that are found to be
in compliance with applicable state and fed-
10 eral laws and rules and
regulations, the state board shall select and ap-
11 prove establishment of the 15
charter schools deemed to possess the
12 greatest potential for successful
operation. The state board shall notify
13 boards of education and petitioners for the
establishment of a charter
14 school of the approval thereof by not later
than April 1 of the school year
15 preceding the school year in which the
charter school is proposed to be
16 established.
17
(f) If Waivers sought by a
charter school that has been approved
for
18 establishment has sought
waiver from any school district
policy , or any
19 state board of education rules and
regulations , or statutory
requirements,
20 shall be considered by the board of
education of the school district in
21 which the charter school will be
established may consider the reasons
for
22 which the waivers have been
requested. If the board of education deter-
23 mines that the reasons for seeking such
waivers are meritorious and le-
24 gitimately related to successful operation
of the charter school, the board
25 of education may
shall grant waiver of school district policy and
may shall
26 make application, on behalf of the charter
school, to the state board of
27 education for waiver of state board rules
and regulations or statutory
28 requirements. The state
board may shall consider the
application for
29 waiver and approve, deny, or amend and
approve the application. Upon
30 approval or amendment and approval of the
application, the charter
31 school may operate under the terms and
conditions of the waiver. The
32 manner and method of exercising the rights
and performing the respon-
33 sibilities, duties and functions provided
for under any school district pol-
34 icy , or
state board rules and regulations , or statutory
requirements that
35 are waived under authority of this
subsection shall be prescribed in the
36 charter and governed thereby.
37 Sec. 4. K.S.A. 1997
Supp. 72-1907 is hereby amended to read as
38 follows: 72-1907. (a) Whenever a charter
school has been approved for
39 establishment or continuation by the board
of education of a school dis-
40 trict and the state board of education, no
other approval shall be required
41 for a period of three school years. The
board of education may consider
42 renewal of the operational status of the
charter school at the conclusion
43 of such three-year period and may either
renew the charter and continue
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1 operation of the school, subject to
approval by the state board of educa-
2 tion, or nonrenew the charter and
discontinue operation of the school.
3 The board of education shall revoke
the charter of a school if the school:
4 (1) Materially
violates provisions contained in the charter;
5 (2) fails to meet
or pursue the educational objectives contained in the
6 charter;
7 (3) fails to
comply with fiscal accountability procedures as specified
8 in the charter; or
9 (4) violates
provisions of law rules and regulations
that have not been
10 waived by the state board of education.
11 (b) Prior to nonrenewing
or revoking a charter, a board of education
12 shall hold a hearing on the issues in
controversy. Spokespersons for the
13 charter school shall be provided the
opportunity to present information
14 refuting the basis upon which the
nonrenewal or revocation is premised.
15 At least 30 days notice must be provided to
representatives of the charter
16 school prior to the hearing. Within 60 days
after the hearing, the board
17 of education shall announce its decision on
the nonrenewal or revocation
18 issue. The board may abandon the proposed
nonrenewal or revocation,
19 nonrenew or revoke the charter, or continue
recognition of the charter
20 contingent upon compliance with specified
conditions. The decision of a
21 board of education to nonrenew or revoke a
charter is not subject to
22 appeal; however, the charter school
authorities may renew procedures for
23 authority to operate a charter school.
24 Sec. 5. K.S.A. 1997
Supp. 72-1910 is hereby amended to read as
25 follows: 72-1910. (a) The state board of
education shall provide, upon
26 request, any board of education, any
school building or school district
27 employees group, any
educational services contractor, and any other
per-
28 son or entity pupil's
parent or parents with technical advice and assistance
29 regarding the establishment and operation
of a charter school or the prep-
30 aration of a petition requesting
authorization of a board of education for
31 the establishment and operation of such a
school.
32 (b) At the conclusion of
each school year in which a charter school is
33 operated in a school district, the board of
education of the school district
34 shall evaluate the impact the charter
school has had on the educational
35 system of the district and shall submit the
evaluation to the state board
36 of education. The state board shall review,
assess and compile the eval-
37 uations of charter schools submitted by
boards of education and shall
38 submit the compilation of evaluations and
other relevant material, in-
39 cluding specification of school district
and state board waivers granted
40 with respect to the operation of each
charter school, to the governor and
41 the legislature.
42 Sec. 6. K.S.A. 1997
Supp. 72-1903, 72-1904, 72-1905, 72-1906, 72-
43 1907 and 72-1910 are hereby repealed.
HB 2851
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1 Sec. 7. This
act shall take effect and be in force from and after its
2 publication in the statute book.
3
4