6194-S2.E AMH HANS FRAS 688

                

E2SSB 6194 - H AMD TO H AMD (H-4714.2/16) 965

By Representative Hansen

NOT ADOPTED 03/09/2016

    On page 18, line 17 of the striking amendment, after "(1)" strike everything through "period." on line 25 and insert the following:

"((A maximum of forty public charter schools may be established under this chapter, over a five-year period. No more than eight charter schools may be established in any single year during the five-year period, except that if in any single year fewer than eight charter schools are established, then additional charter schools equal in number to the difference between the number established in that year and eight may be established in subsequent years during the five-year period.)) (a) No more than eight charter public schools may be established in the first year after the effective date of this act.  If a constitutional challenge to this act is filed within ninety days of the effective date of this act, then until the earlier of the date that a final judgment not subject to further appeal has been entered in that case or three years after the effective date of this act, no additional charter public schools may be established under this chapter.

    (b) Thereafter, a maximum of forty charter public schools may be established in a five-year period as specified in this subsection (b).  If a constitutional challenge to this act is filed within ninety days of the effective date of this act, then the five-year period begins on the earlier of the date that a final judgment not subject to further appeal is entered in that case or three years from the effective date of this act.  If a constitutional challenge to this act is not filed within ninety days of the effective date of this act, then the five-year period begins on the effective date of this act. 

    (c) During the five-year period in (b) of this subsection, no more than eight charter schools may be established in any year, except that if in any year fewer than eight charter schools are established, then additional charter schools, in a number equal to the difference between the number established in that year and eight, may be established in subsequent years during the five-year period.

    (d) The attorney general must provide notice of the date of entry of any final judgment as described in this section to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the superintendent of public instruction, the state charter commission established in section 107 of this act, and others as deemed appropriate by the attorney general."

 

 

 

 

    EFFECT:   If within 90 days of the act's effective date a lawsuit is filed to challenge the constitutionality of the act, establishment of additional charter public schools beyond the initial eight schools is delayed until the earlier of (1) entry of a final judgment or (2) three years after the effective date of the act.  A total of forty charter public schools may be established in a five year period that begins on (1) the earlier of the entry of a final judgment or three years after the act's effective date, if a suit is filed within 90 days, or (2) the act's effective date, if a suit is not filed.  The Attorney General must provide notice of the date any final judgment is entered.   

 

 

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