Bill Text: HI SB1477 | 2011 | Regular Session | Introduced
Bill Title: Charter Schools; Board of Education
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2011-01-28 - (S) Referred to EDU, WAM. [SB1477 Detail]
Download: Hawaii-2011-SB1477-Introduced.html
|
THE SENATE |
S.B. NO. |
1477 |
|
TWENTY-SIXTH LEGISLATURE, 2011 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the current charter school review panel is unable to sufficiently execute its mandate to administer the thirty-one charter schools currently in the State. In order to address this deficiency the charter schools should be placed under the authority of the board of education. This will increase both the efficiency and the accountability of the charter schools.
The purpose of this Act is to eliminate the charter school review panel and to put the State's charter schools directly under the authority of the board of education.
SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:
(1) Elected or appointed official;
(2) Member of any board or commission; provided that
nothing in this paragraph shall prohibit a member of a collective bargaining
unit from serving on a local school board of a charter school [or the
charter school review panel established under chapter 302B];
(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;
(4) Secretary to top-level managerial and administrative personnel under paragraph (3);
(5) Individual concerned with confidential matters affecting employee-employer relations;
(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);
(7) Temporary employee of three months' duration or less;
(8) Employee of the executive office of the governor or a household employee at Washington Place;
(9) Employee of the executive office of the lieutenant governor;
(10) Employee of the executive office of the mayor;
(11) Staff of the legislative branch of the State;
(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;
(13) Any commissioned and enlisted personnel of the Hawaii national guard;
(14) Inmate, kokua, patient, ward, or student of a state institution;
(15) Student help;
(16) Staff of the Hawaii labor relations board;
(17) Employees of the Hawaii national guard youth challenge academy; or
(18) Employee of the office of elections."
SECTION 3. Section 302A-101, Hawaii Revised Statutes, is amended by deleting the definition of "charter school review panel".
["Charter school review panel" or
"panel" means the panel established in section 302B-3."]
SECTION 4. Section 302A-1101, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The board shall [appoint the
charter school review panel, which shall] serve as the charter authorizer
for charter schools, with the power and duty to issue charters, oversee and
monitor charter schools, hold charter schools accountable for their performance,
and revoke charters. The board shall
establish operating procedures that shall include conflict of interest provisions
for any member whose school of employment or local school board membership is
before the board. The powers and duties of the board with regard to charter
schools shall be to:
(1) Appoint and evaluate the executive director and approve staff and salary levels for the charter school administrative office;
(2) Review, approve, or deny charter applications for new charter schools in accordance with section 302B-5 for the issuance of new charters; provided that applicants that are denied a charter may appeal to the intermediate court of appeals for a final decision pursuant to section 302B-3.5;
(3) Review, approve, or deny significant amendments to detailed implementation plans to maximize the school's financial and academic success, long-term organizational viability, and accountability;
(4) Pursuant to section 302B-3.6, compile prioritized lists of charter schools and enter into necessary agreements to authorize charter schools to use and occupy vacant public school facilities or portions of school facilities;
(5) Adopt reporting requirements for charter schools;
(6) Review annual self-evaluation reports from charter schools and take appropriate action;
(7) Adopt a clear process and rigorous organizational and educational criteria, including student achievement as a significant factor, for the authorization and reauthorization of school charters;
(8) Evaluate each school charter, for the purpose of determining reauthorization, no later than four years following the initial issue of a charter and every six years thereafter;
(9) Evaluate any aspect of a charter school that the panel may have concerns with and take appropriate action, which may include probation or revocation;
(10) Periodically adopt improvements in the board's monitoring and oversight of charter schools;
(11) Periodically adopt improvements in the charter school administrative office's support of charter schools and management of the charter school system;
(12) Review, modify, and approve charter schools' all means of finance budget, based upon criteria and an approval process established by the board;
(13) Survey all charter school facilities prior to, and in preparation for, determining recommendations to allocate non-per-pupil facilities funds to charter schools with facilities needs. The survey shall include, at minimum, for each charter school facility:
(A) The current status of the facility;
(B) Facilities costs, including all rents, leases, purchases, and repair and maintenance for lands and buildings;
(C) A prioritized list of facilities needs;
(D) Any capital improvement projects underway or scheduled; and
(E) Whether the facility is a conversion or start-up charter school, and current and projected enrollment; and
(14) Evaluate and investigate charter schools when concerns arise that necessitate the resolution or assistance with the resolution of legal, fiscal, health, safety, and other serious issues."
SECTION 5. Section 302A-1151.5, Hawaii Revised Statutes, is amended by amending subsections (b), (c), (d), and (e) to read as follows:
"(b) The department shall submit a notice
of possible availability of a public school to the [charter school review
panel] board as early as possible; provided that if a vacancy is
established, a notice of vacancy shall be submitted to the [charter school
review panel] board no later than thirty days after the
establishment of the vacancy.
(c) Pursuant to section 302B-3.6 and upon
receipt of a notice pursuant to subsection (b), the [charter school review
panel] board shall solicit applications from charter schools
interested in using and occupying all or portions of the facilities of the
public school and submit a prioritized list of charter schools to the
department for final determination of which charter school, if any, shall be
authorized to use and occupy the public school facilities.
(d) Upon the selection of a charter school to
use a vacant school facility or portion of a school facility, the department
and the [charter school review panel] board shall enter into
necessary agreements within ninety days of the selection to carry out the
purposes of this section.
(e) After receipt by the [charter school
review panel] board of a notice pursuant to subsection (b), if the [charter
school review panel] board does not [provide] compile
a prioritized list of charter schools because no charter school has requested
to use the facilities of the public school, or if the [department receives]
board compiles the prioritized list but determines that no charter
school on the list is an appropriate candidate to occupy and use the
facilities, the department shall give reasonable consideration to making all or
portions of the facilities of the public school, if closed, available for
occupancy and use for other educational purposes."
SECTION 6. Section 302B-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Chairperson" means the chairperson of the board of education unless expressly described as the chairperson of the local school board."
2. By amending the definition of "organizational viability" to read:
""Organizational viability" means that a charter school:
(1) Has been duly constituted in accordance with its charter;
(2) Has a local school board established in accordance with law and the charter school's charter;
(3) Employs sufficient faculty and staff to provide the necessary educational program and support services to operate the facility in accordance with its charter;
(4) Maintains accurate and comprehensive records regarding students and employees as determined by the office;
(5) Meets appropriate standards of student achievement;
(6) Cooperates with board[, panel,] and office requirements in conducting its functions;
(7) Complies with applicable federal, state, and county laws and requirements;
(8) In accordance with office guidelines and procedures, is financially sound and fiscally responsible in its use of public funds, maintains accurate and comprehensive financial records, operates in accordance with generally accepted accounting practices, and maintains a sound financial plan;
(9) Operates within the scope of its charter and fulfills obligations and commitments of its charter;
(10) Complies with all health and safety laws and requirements; and
(11) Complies with all [panel] board directives, policies, and procedures; and
3. By deleting the definition of "charter school review panel".
[""Charter school review
panel" or "panel" means the panel established pursuant to
section 302B-3 with the powers and duties to issue and revoke charters, approve
detailed implementation plan revisions, and conduct charter school evaluations."]
SECTION 7. Section 302B-3.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302B‑3.5[]]
Appeals; charter school applications, revocations, or detailed implementation
plan amendments. [The board shall have the power to decide appeals from
decisions] Decisions of the [panel] board to deny the
approval of a charter school application, revoke a charter school's charter, or
deny the approval of an amendment to a charter school's detailed implementation
plan[. An] may be appealed to the intermediate court of appeals,
subject to chapter 602, in the manner provided for civil appeals from the
circuit court; provided that the appeal shall be filed with the [board]
intermediate court of appeals within twenty-one calendar days of the
receipt of the notification of denial or revocation. Only a party whose
charter school application has been denied, whose charter has been revoked, or
whose amendment to a detailed implementation plan has been denied may initiate
an appeal under this section for cause. [The board shall review an appeal
and issue a final decision within sixty calendar days of the filing of the
appeal. The board may adopt applicable rules and procedures pursuant to
chapter 91 for implementing the appeals process.]"
SECTION 8. Section 302B-3.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302B-3.6[]]
Occupancy and use of facilities of public schools. (a) When the
department considers whether to close any particular public school, the
department shall submit a notice of possible availability of a public school or
notice of vacancy of a public school to the [charter school review panel]
board pursuant to section 302A-1151.5(b); provided that the department
has not elected to use the public school to support education programs.
(b) If a charter school exclusively or jointly occupies or uses buildings or facilities of a public school immediately prior to converting to a charter school, upon conversion that charter school shall be given continued exclusive or joint use of the buildings or facilities; provided that:
(1) The State may reclaim some or all of the buildings or facilities if it demonstrates a tangible and imperative need for such reclamation;
(2) The State and the conversion charter school
voluntarily enter into an agreement detailing the portion of those buildings or
facilities that shall be reclaimed by the State and a timetable for the
reclamation. [If a timetable cannot be reached, the State may petition the
panel for the reclamation, and the panel may grant the petition only to the
extent that is not possible for the conversion charter school and the
department to jointly occupy or use the buildings or facilities.]
(c) Upon receipt of a notice pursuant to
section 302A-1151.5(b), the [panel] board shall solicit
applications from charter schools interested in using and occupying all or
portions of the facilities of the public school by:
(1) Promptly notifying all charter schools that the public school is being considered for closure; and
(2) Affording each charter school an opportunity to submit an application with a written explanation and justification of why the charter school should be considered for possible occupancy and use of the facilities of the public school.
(d) After fully considering each charter
school's application and based on the applications received and on other
considerations, the [panel] board shall:
(1) Provide a written response to each charter school's application after each application has been fully considered; and
(2) Compile a prioritized list of charter schools and
[submit the list to the department for] make a final
determination of which charter school, if any, shall be authorized to use and
occupy the public school facilities.
(e) Upon the selection of a charter school to
use a vacant school facility or portion of a school facility, the department
and the [panel] board shall [enter into necessary agreements]
within ninety days of the selection [to] carry out the purposes of this
section; provided that any [agreement between the panel and the department]
final determination of which charter school shall be authorized to use and
occupy the public school facilities shall stipulate that a charter school
that uses and occupies a public school facility or portion of a public school
facility shall be responsible for the full or pro rata share of the repair and
maintenance costs for that facility or portion of the facility, as the case may
be.
(f) The [panel]
board shall adopt policies and procedures necessary to carry out the purposes of this section, including [but
not limited to]:
(1) Procedures for charter schools to apply in writing to use vacant school facilities;
(2) Criteria for the [panel] board to
use in determining which charter schools to include on the prioritized list to
be submitted to the department; and
(3) Procedures for the [panel] board to
notify charter school applicants that are granted or denied the use of vacant
school facilities.
(g) For purposes of this section, "public school" means any school that falls within the definition of public schools in section 302A-101, except for charter schools."
SECTION 9. Section 302B-4, Hawaii Revised Statutes, is amended to read as follows:
"§302B‑4
Encouraging the growth of successful charter schools. Upon the approval of administrative rules, the [panel]
board may authorize up to three new start-up charter schools for each existing
start-up charter school that has received a three‑year or longer
accreditation from the Western Association of Schools and Colleges or a
comparable accreditation authority as determined by the [panel,] board,
and one new start-up charter school for each start-up charter school whose
charter is revoked or that voluntarily closes. The total number of conversion
charter schools authorized by the panel shall not exceed twenty-five."
SECTION 10. Section 302B-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The
start-up charter school application process and schedule shall be determined by
the [panel,] board and shall provide for and include the
following elements:
(1) The submission of a letter of intent to operate a start-up charter school;
(2) The timely transmittal of the application form and completion guidelines to the interim local school board;
(3) The timely
submission to the [panel] board of a completed application;
(4) The timely review
of the application by the [panel] board for completeness, and
notification of the interim local school board if the application is complete
or, if the application is insufficient, a written statement of the elements of
the application that require completion;
(5) The timely resubmission of the application;
(6) Upon receipt of a
completed application, the convening of the [panel] board by the [panel]
chairperson to begin review of the application;
(7) The timely
notification of the applicant of any revisions the [panel] board
requests as necessary for a recommendation of approval;
(8) Following the
submission of an application, issuance of a charter or denial of the
application by the [panel] board by majority vote; provided that
if the [panel] board does not approve the application and issue a
charter, provisions requiring the [panel] board to:
(A) Clearly identify in writing its reasons for not issuing the charter, which may be used as guidelines for an amended plan; and
(B) Allow the
interim local school board to revise its plan in accordance with the [panel's]
board's guidelines, and resubmit an amended plan within ten calendar
days;
(9) A provision for a final date on which a decision must be made, upon receipt of an amended plan; and
(10) A provision that
no start-up charter school may begin operation before obtaining [panel] board
approval of its charter."
SECTION 11. Section 302B-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The
conversion charter school application process and schedule shall be determined
by the [panel,] board and shall provide for and include the
following elements:
(1) The submission of a letter of intent to convert to a charter school;
(2) The timely transmittal of the application form and completion guidelines to the interim local school board;
(3) The timely
submission to the [panel] board of a completed application;
provided that the application shall include certification and documentation
that the application and the proposed detailed implementation plan was approved
by a majority of the votes cast by existing administrative, support, teaching
personnel, and parents of students at the proposed conversion charter school;
(4) The timely review
of the application by the [panel] board for completeness, and
notification of the interim local school board if the application is complete
or, if the application is insufficient, a written statement of the elements of
the application that require completion;
(5) The timely resubmission of the application;
(6) Upon receipt of a
completed application, the convening of the [panel] board by the [panel]
chairperson to begin review of the application;
(7) The timely
notification of the applicant of any revisions the [panel] board may
request as necessary for a recommendation of approval;
(8) Following the
submission of an application, issuance of a charter or denial of the
application by the [panel] board by majority vote; provided that
if the [panel] board does not approve the application and issue a
charter, provisions requiring the [panel] board to:
(A) Clearly identify in writing its reasons for not issuing the charter, which may be used as guidelines for an amended plan; and
(B) Allow the
interim local school board to revise its plan in accordance with the [panel's]
board's guidelines, and resubmit an amended plan within ten calendar
days;
(9) A provision for a final date on which a decision must be made upon receipt of an amended plan; and
(10) A provision that
no conversion charter school may begin operation before obtaining [panel]
board approval of its charter."
SECTION 12. Section 302B-8, Hawaii Revised Statutes, is amended by amending subsections (a), (b), (c), (d), and (e) to read as follows:
"(a) There
is established a charter school administrative office, which shall be attached
to the department for administrative purposes only. The office shall be
administered by an executive director, who shall be appointed without regard to
chapters 76 and 89 by the [panel] board based upon the
recommendations of an organization of charter schools operating within the
State or from a list of nominees submitted by the charter schools. The [panel]
board shall hire the executive director, who may be contracted for a
term of up to four years; shall offer the executive director a written
contract; and may terminate the executive director's contract only for cause.
The executive director, with the approval of the [panel,] board,
may hire necessary staff without regard to chapters 76 and 89 to assist in the
administration of the office.
(b) The
executive director, under the direction of the [panel] board and
in consultation with the charter schools, shall be responsible for the internal
organization, operation, and management of the charter school system,
including:
(1) Preparing and
executing the budget and the capital improvement projects request for the
charter schools, including submission of the all means of finance budget
request that reflects all anticipated expenditures to [the panel,] the
board, the governor, and the legislature; provided that, in preparing the
budget request with regard to facilities funding, the executive director shall
ensure that, as a budget item separate from other operating costs, the request
provides:
(A) Funding for projected enrollment for the next school year for each charter school;
(B) A calculation showing the per-pupil funding based on the department of budget and finance's debt service appropriation for the department of education divided by the department of education's actual enrollment that school year; and
(C) That no less than seventy per cent of the
amount appropriated shall be allocated by the office to start-up charter
schools on a per-pupil basis; provided that the funds remaining shall be
allocated to charter schools with facilities needs as recommended by the office
and approved by the [panel;] board;
(2) Allocating annual appropriations to the charter schools and distribution of federal funds to charter schools;
(3) Complying with applicable state laws related to the administration of the charter schools;
(4) Preparing contracts between the charter schools and the department for centralized services to be provided by the department;
(5) Preparing contracts between the charter schools and other state agencies for financial or personnel services to be provided by the agencies to the charter schools;
(6) Providing independent analysis and recommendations on charter school issues;
(7) Representing charter schools and the charter school system in communications with the board, the governor, and the legislature;
(8) Providing advocacy, assistance, and support for the development, growth, progress, and success of charter schools and the charter school system;
(9) Providing guidance and assistance to charter applicants and charter schools to enhance the completeness and accuracy of information for panel review;
(10) Assisting charter
applicants and charter schools in coordinating their interactions with the [panel]
board as needed;
(11) Assisting the [panel]
board to coordinate with charter schools in [panel] board investigations
and evaluations of charter schools;
(12) Serving as the
conduit to disseminate communications from [the panel,] the board[,]
and the department to all charter schools;
(13) Determining
charter school system needs and communicating those needs to [the panel,]
the board[,] and the department;
(14) Establishing a dispute resolution and mediation process; and
(15) Upon request by one or more charter schools, assisting in the negotiation of a collective bargaining agreement with the exclusive representative of its employees.
(c) The
executive director shall be evaluated annually by the [panel.] board.
The annual evaluation shall be conducted sufficiently in advance of the end of
a term to provide the executive director the opportunity to respond to concerns
and improve performance.
(d) The office shall withhold funds for its operational expenses, including the salaries of the executive director and staff, from the annual charter school general fund appropriation. The total amount of operational expenses withheld:
(1) Shall not exceed two per cent of the annual charter school general fund allocation, which shall not include any funds carried over from previous years;
(2) Shall not include the amount of funds withheld under subsections (g) and (h); and
(3) Shall be determined annually by the [panel.]
board.
The salaries of the
executive director and staff shall be set by the [panel] board based
upon the recommendations of charter schools within the State and in
accordance with the requirements of this subsection.
(e) The office shall report annually to the [review
panel] board individual and aggregate expenditures of charter
schools, clearly distinguishing between expenditures for operational purposes
and for instructional purposes. The office shall adopt rules to develop a
standardized method for charter schools to report the expenditures and to
determine expenditures that constitute expenditures for operational expenses
and expenditures for instructional purposes. If any charter school fails to
meet the reporting requirements under this subsection, the office may retain a
portion of that charter school's per-pupil allocation pursuant to section
302B-12(e)(3)."
SECTION 13. Section 302B-12, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:
"(e) To enable charter schools to access state funding prior to the start of each school year, foster their fiscal planning, enhance their accountability, and avoid over-allocating general funds to charter schools based on self-reported enrollment projections, the office shall:
(1) Provide sixty per cent of a charter school's per-pupil allocation based on the charter school's projected student enrollment no later than July 20 of each fiscal year; provided that the charter school shall have submitted to the office a projected student enrollment no later than May 15 of each year;
(2) Provide an additional thirty per cent of a charter school's per-pupil allocation no later than December 1 of each year, based on the October 15 student enrollment, as reviewed and verified by the office, only to schools in compliance with the office financial reporting requirements; and
(3) Retain no more than the balance of the remaining ten per cent of a charter school's per-pupil allocation, as a contingency balance to ensure fiscal accountability and compliance, no later than June 30 of each year;
provided that the [panel]
board may make adjustments in allocations based on noncompliance with
board policies made in the board's capacity as the state education agency,
department directives made in the department's capacity as the state education
agency, the office's administrative procedures, and board-approved
accountability requirements.
(f) Any check transferring
a per-pupil allocation from the office to a charter school under this section
shall be co-signed by the executive director and an authorized agent of the [charter
school review panel.] board."
SECTION 14. Section 302B-14, Hawaii Revised Statutes, is amended by substituting the word "board" wherever the word "panel" appears, as the context requires.
SECTION 15. Section 302B-3, Hawaii Revised Statutes, is repealed.
["§302B-3
Charter school review panel; establishment; powers and duties. (a) There is established the charter school review
panel, that shall be placed within the department for administrative purposes
only. The panel shall be accountable to the charter schools and the board. Notwithstanding
section 302B-9 and any other law to the contrary, the panel shall be subject to chapter 92.
(b) The
panel shall consist of twelve members, and shall include:
(1) Two
licensed teachers regularly engaged in teaching; provided that one teacher is
employed at a start-up charter school, and one teacher is employed at a
conversion charter school;
(2) Two
educational officers; provided that one educational officer is employed at a
start-up charter school, and one educational officer is employed at a
conversion charter school;
(3) One
member or former member of a charter school local school board;
(4) The
chair of the board of education or the chair's designee;
(5) A
representative of Hawaiian culture-focused charter schools;
(6) Two
representatives of the University of Hawaii who are not affiliated with charter
schools;
(7) One
member with a background in business or accounting who is not affiliated with
charter schools;
(8) One
member with a background in the building trades or real estate who is not
affiliated with charter schools; and
(9) A
representative from the Hawaii Association of Independent Schools;
provided that the
initial appointments for representatives in paragraphs (7) to (9) shall be made
by September 1, 2007. From June 1, 2007, until such time that the panel has
twelve members, five members of the panel shall constitute a quorum to conduct
business and a concurrence of at least five members shall be necessary to make
any action of the panel valid; provided that, upon filling the twelve seats as
required under this subsection, a majority of the panel shall constitute a
quorum to conduct business, and the concurrence of a majority of all the
members to which the panel is entitled shall be necessary to make any action of
the panel valid.
(c) The
board shall appoint the remaining members of the panel other than the chair of
the board.
(d)
Appointed panel members shall serve not more than three consecutive three-year
terms, with each term beginning on July 1; provided that the initial terms of
the appointed members that commence after June 30, 2006, shall be staggered as
follows:
(1) Four
members to serve three-year terms;
(2) Four
members to serve two-year terms; and
(3) Three
members to serve a one-year term.
(e) Notwithstanding
the terms of members, the board may add panel members at any time and replace
panel members at any time when their positions become vacant through
resignation, through non-participation, upon request of a majority of panel
members, or upon termination by the board for cause.
(f) Panel
members shall receive no compensation. When panel duties require that a panel
member take leave of the panel member's duties as a state employee, the
appropriate state department shall allow the panel member to be placed on
administrative leave with pay and shall provide substitutes, when necessary, to
perform that panel member's duties. Panel members shall be reimbursed for
necessary travel expenses incurred in the conduct of official panel business.
(g) The panel
shall establish operating procedures that shall include conflict of interest
provisions for any member whose school of employment or local school board
membership is before the panel.
(h) The
chair of the panel shall be designated by the members of the panel for each
school year beginning July 1 and whenever there is a vacancy. If the panel
does not designate its chair for the next school year by July 1, the board
shall designate the panel chair. When the panel chair is vacant, the board
shall designate an interim chair to serve until the panel designates its chair.
(i) The
powers and duties of the panel shall be to:
(1) Appoint
and evaluate the executive director and approve staff and salary levels for the
charter school administrative office;
(2) Review,
approve, or deny charter applications for new charter schools in accordance
with section 302B-5 for the issuance of new charters; provided that applicants
that are denied a charter may appeal to the board for a final decision pursuant
to section 302B-3.5;
(3) Review,
approve, or deny significant amendments to detailed implementation plans to
maximize the school's financial and academic success, long-term organizational
viability, and accountability. Charter schools that are denied a significant
amendment to their detailed implementation plan may appeal to the board for a
final decision pursuant to section 302B-3.5;
(4) Pursuant to section 302B-3.6, compile
and submit prioritized lists of charter schools to the department and enter
into necessary agreements with the department to authorize charter schools to
use and occupy vacant public school facilities or portions of school
facilities;
(5) Adopt
reporting requirements for charter schools;
(6) Review
annual self-evaluation reports from charter schools and take appropriate
action;
(7) Adopt
a clear process and rigorous organizational and educational criteria, including
student achievement as a significant factor, for the authorization and
reauthorization of school charters;
(8) Evaluate
each school charter, for the purpose of determining reauthorization, no later
than four years following the initial issue of a charter and every six years
thereafter;
(9) Evaluate
any aspect of a charter school that the panel may have concerns with and take
appropriate action, which may include probation or revocation;
(10) Periodically
adopt improvements in the panel's monitoring and oversight of charter schools;
(11) Periodically
adopt improvements in the office's support of charter schools and management of
the charter school system;
(12) Review,
modify, and approve charter schools' all means of finance budget, based upon
criteria and an approval process established by the panel;
(13) Survey
all charter school facilities prior to, and in preparation for, determining
recommendations to allocate non-per-pupil facilities funds to charter schools
with facilities needs. The survey shall include, at minimum, for each charter
school facility:
(A) The current status of the
facility;
(B) Facilities costs, including all
rents, leases, purchases, and repair and maintenance for lands and buildings;
(C) A prioritized list of facilities
needs;
(D) Any capital improvement projects
underway or scheduled; and
(E) Whether the facility is a
conversion or start-up charter school, and current and projected enrollment; and
(14) Evaluate
and investigate charter schools when concerns arise that necessitate the
resolution or assistance with the resolution of legal, fiscal, health, safety,
and other serious issues.
(j) In the
case that the panel decides not to issue a new charter, or to approve
significant amendments to detailed implementation plans, the board may adopt
rules for an appeals process pursuant to section 302B-3.5.
(k) The
office shall provide for the staff support and expenses of the panel."]
SECTION 16. All rights, powers, functions, and duties of the State's charter schools are transferred to the board of education.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 17. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the State's charter schools relating to the functions transferred to the board of education shall be transferred with the functions to which they relate.
SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 19. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Charter Schools; Board of Education
Description:
Eliminates the charter school review panel and transfers all of its duties, authority, and property to the board of education.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
