As Amended by Senate Committee
         
Session of 2000
         
Senate Substitute for HOUSE BILL No. 2357
         
By Committee on Education
         
3-6
         

10             AN  ACT concerning charter schools; rescinding the limitation on in-
11             creasing the number of such schools being authorized to be operated
12             in the state; amending K.S.A. 1999 Supp. 72-1904 72-1905, 72-1906
13             and 72-1907 and repealing the existing sections; also repealing K.S.A.
14             1999 Supp. 72-1905.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 72-1904 is hereby amended to read as
18       follows: 72-1904. (a) The board of education of any school district may
19       authorize the establishment of a nonsectarian, outcomes-oriented edu-
20       cational program, hereinafter referred to as a charter school, as a means
21       of providing new opportunities for:
22             (a) (1) Improved pupil learning;
23             (b) (2) increased learning opportunities for pupils in special areas of
24       emphasis in accord with themes established for charter schools;
25             (c) (3) creative and unconventional instructional techniques and
26       structures;
27             (d) (4) new professional vistas for teachers who operate such schools
28       or who choose to work in them; and
29             (e) (5) freedom from conventional program constraints and
30       mandates.
31             (b) No school district may operate more than two charter schools in
32       any school year.
33        Section  1. K.S.A. 1999 Supp. 72-1905 is hereby amended to
34       read as follows: 72-1905. The total number of charter schools op-
35       erating in the state in any school year shall not exceed 15 30. No
36       school district may operate more than two charter schools in any school
37       year. The state board of education shall establish a procedure for
38       effectuating the provisions of this section by providing school dis-
39       tricts with information concerning the number of charter schools
40       currently being operated, the availability of an opportunity for es-
41       tablishment of a charter school due to discontinuance of a previ-
42       ously established charter school, and criteria for determining the
43       order in which additional charter schools may be established.


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  1             Sec.  2. K.S.A. 1999 Supp. 72-1906 is hereby amended to read as
  2       follows: 72-1906. (a) The state board of education 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, reviewing and screening petitions.
  8             (b) A petition for the establishment of a charter school may be pre-
  9       pared and submitted to the board of education of a school district by or
10       on behalf of a school building or school district employees group, an
11       educational services contractor, or any other person or entity. Any such
12       petition shall be submitted by not later than December 1 of the school
13       year preceding the school year in which the charter school is proposed
14       to be established.
15             (c) The board of education of a school district shall receive and review
16       each petition for establishment or continuation of a charter school and
17       may grant or renew a charter for operation of the school. The charter
18       must contain the following key elements:
19             (1) A description of the educational program of the school, including
20       the facilities that will be used to house the program;
21             (2) a description of the level of interest and support on the part of
22       school district employees, parents, and the community;
23             (3) specification of program goals and the measurable pupil outcomes
24       consonant with achieving the goals;
25             (4) explanation of how pupil performance in achieving the specified
26       outcomes will be measured, evaluated, and reported;
27             (5) the governance structure of the school, including the means of
28       ensuring accountability to the board of education;
29             (6) a description of qualifications to be met by persons employed by
30       the district for assignment to the charter school;
31             (7) procedures that will be followed to ensure the health and safety
32       of pupils and staff;
33             (8) criteria for admission of pupils, including a description of the lot-
34       tery method to be used if too many pupils seek enrollment in the school;
35             (9) manner in which annual financial and program audits will be
36       conducted;
37             (10) pupil suspension and expulsion policies, to the extent there is
38       deviation from districtwide policies;
39             (11) manner of pupil participation in the Kansas assessment program;
40             (12) terms and conditions of employment in the charter school;
41             (13) specification of the manner in which contracts of employment
42       and status of certificated employees of the district who participate in the
43       operation of the school will be dealt with upon nonrenewal or revocation


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  1       of the charter or upon a decision by any such employees to discontinue
  2       participation in the operation of the school;
  3             (14) identification of school district policies, and state board of edu-
  4       cation rules and regulations, and statutory requirements from which
  5       waiver is sought in order to facilitate operation of the school and expla-
  6       nation of the reasons such waivers are being requested; and
  7             (15) the proposed school budget.
  8             (d) In addition to satisfying a board of education with regard to the
  9       key elements contained in the charter, a charter school must comply with
10       the following requirements in order to qualify for establishment or
11       continuation:
12             (1) The school must be focused on outcomes or results and must
13       participate in the quality performance accreditation process unless a spe-
14       cific request documenting the reasons for deviation from the process is
15       submitted to and approved by the board of education and the state board
16       of education;
17             (2) pupils in attendance at the school must be reasonably reflective
18       of the racial and socio-economic composition of the school district as a
19       whole;
20             (3) pupils may not be charged tuition; and
21             (4) compliance with applicable health, safety, and access laws must
22       be assured.
23             (e) If, upon receipt of a petition for establishment or continuation of
24       a charter school, a board of education finds the petition to be incomplete,
25       the board may request the necessary information from the petitioner.
26       After receiving a satisfactory petition, the board of education shall give
27       notice of the time, date and place for the holding of a public hearing on
28       the petition and shall rule on the petition within 30 days after the public
29       hearing is held. If the board of education approves the petition, the board
30       shall notify the petitioner and the state board of education within 30 days
31       after the approval or by February 1 of the school year preceding the
32       school year in which the charter school is proposed to be established,
33       whichever is earlier. After being notified by a board of education of the
34       approval of a petition, the state board shall determine whether the charter
35       school is in compliance with applicable state and federal laws and rules
36       and regulations. If the charter school is found to be in compliance with
37       such laws and rules and regulations, the state board shall approve estab-
38       lishment of the charter school. If the charter school is not in compliance
39       with such laws and rules and regulations, establishment of the school shall
40       not be approved until the state board's objections have been satisfied. If
41       the state board receives notification of the approval of petitions by boards
42       of education for establishment of more than 15 charter schools that are
43       found to be in compliance with applicable state and federal laws and rules


4

  1       and regulations, the state board shall select and approve establishment of
  2       the 15 charter schools deemed to possess the greatest potential for suc-
  3       cessful operation. If the state board receives notification of the ap-
  4       proval of petitions by boards of education for establishment of more
  5       than 30 charter schools that are found to be in compliance with
  6       applicable state and federal laws and rules and regulations, the
  7       state board shall select and approve establishment of the 30 charter
  8       schools deemed to possess the greatest potential for successful op-
  9       eration. The state board shall notify boards of education and petitioners
10       for the establishment of a charter school of the approval thereof by not
11       later than April 1 of the school year preceding the school year in which
12       the charter school is proposed to be established.
13             (f) If a charter school that has been approved for establishment has
14       sought waiver from any school district policy, or state board of education
15       rules and regulations, or statutory requirements, the board of education
16       of the school district in which the charter school will be established may
17       consider the reasons for which the waivers have been requested. If the
18       board of education determines that the reasons for seeking such waivers
19       are meritorious and legitimately related to successful operation of the
20       charter school, the board of education may grant waiver of school district
21       policy and may make application, on behalf of the charter school, to the
22       state board of education for waiver of state board rules and regulations
23       or statutory requirements. The state board may consider the application
24       for waiver and approve, deny, or amend and approve the application.
25       Upon approval or amendment and approval of the application, the charter
26       school may operate under the terms and conditions of the waiver. The
27       manner and method of exercising the rights and performing the respon-
28       sibilities, duties and functions provided for under any school district pol-
29       icy, or state board rules and regulations, or statutory requirements that
30       are waived under authority of this subsection shall be prescribed in the
31       charter and governed thereby.
32             Sec.  3. K.S.A. 1999 Supp. 72-1907 is hereby amended to read as
33       follows: 72-1907. (a) Whenever a charter school has been approved for
34       establishment or continuation by the board of education of a school dis-
35       trict and the state board of education, no other approval shall be required
36       for a period of three school years. The board of education may consider
37       renewal of the operational status of the charter school at the conclusion
38       of such three-year period and may either renew the charter and continue
39       operation of the school, subject to approval by the state board of educa-
40       tion, or nonrenew the charter and discontinue operation of the school.
41       The board of education shall revoke the charter of a school if the school:
42             (1) Materially violates provisions contained in the charter;
43             (2) fails to meet or pursue the educational objectives contained in the


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  1       charter;
  2             (3) fails to comply with fiscal accountability procedures as specified
  3       in the charter; or
  4             (4) violates provisions of law rules and regulations of the state board
  5       of education that have not been waived by the state board of education.
  6             (b) Prior to nonrenewing or revoking a charter, a board of education
  7       shall hold a hearing on the issues in controversy. Spokespersons for the
  8       charter school shall be provided the opportunity to present information
  9       refuting the basis upon which the nonrenewal or revocation is premised.
10       At least 30 days notice must be provided to representatives of the charter
11       school prior to the hearing. Within 60 days after the hearing, the board
12       of education shall announce its decision on the nonrenewal or revocation
13       issue. The board may abandon the proposed nonrenewal or revocation,
14       nonrenew or revoke the charter, or continue recognition of the charter
15       contingent upon compliance with specified conditions. The decision of a
16       board of education to nonrenew or revoke a charter is not subject to
17       appeal; however, the charter school authorities may renew procedures for
18       authority to operate a charter school. 
19       Sec.  4. K.S.A. 1999 Supp. 72-1904, 72-1905, 72-1906 and 72-1907
20       are hereby repealed.
21        Sec.  5. This act shall take effect and be in force from and after its
22       publication in the statute book.