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.
2
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
3
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
5
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.