1147-S AMH MCMA H2473.3

1147-S AMH MCMA H2473.3

SHB 1147 - H AMD 258 WITHDRAWN 312 FAILED 3/11/95

By Representative McMahan

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of this chapter is to allow for the establishment of charter schools. The purposes of charter schools are to:

(1) Improve student learning;

(2) Increase learning opportunities for pupils;

(3) Encourage the use of different and innovative methods of teaching;

(4) Require the measurement of learning standards and create different and innovative forms of measuring standards;

(5) Establish new forms of accountability for schools; and

(6) Create professional opportunities for teachers and other educators, including the opportunity to be responsible for the learning program at the school site.

NEW SECTION. Sec. 2. This chapter applies only to charter schools formed and operated under this chapter.

NEW SECTION. Sec. 3. (1) School districts may sponsor charter schools. A sponsor may authorize one or more individuals or an organization to form and operate a charter school. If a school board rejects an application for a charter school, the application may be submitted to the state board of education for approval or disapproval. The sponsor's authorization shall be in the form of a written contract between the sponsor and the board of directors of the charter school.

(2) The total number of charter schools operating in the state in any school year shall not exceed ten, with not more than one charter school in any single school district. For purposes of implementing this subsection, a school district shall notify the state board of education when it receives a charter school application, when it approves a charter school pursuant to this section, and when a charter school contract expires or is terminated. Once ten charter schools are approved by school boards or the state board of education, the state board shall notify school districts. The state board also shall notify school districts when additional charter schools may be approved due to charter school contract expirations or terminations.

NEW SECTION. Sec. 4. The contract shall be in writing and contain at least the following:

(1) A description of a program that carries out one or more of the purposes in section 1 of this act;

(2) Specific standards to be achieved by the pupils;

(3) Admission policies and procedures;

(4) Management and administration of the school;

(5) Requirements and procedures for program and financial audits;

(6) Assumption of liability by the charter school;

(7) Types and amounts of insurance coverage to be obtained by the charter school; and

(8) The term of the contract, which may be up to three years.

NEW SECTION. Sec. 5. Except as provided in this section, a charter school is exempt from all statutes and rules applicable to a school board or school district, although it may elect to comply with one or more provisions of such statutes or rules. However, a charter school shall meet the same health and safety requirements required of a school district.

NEW SECTION. Sec. 6. (1) The school location may not be prescribed or limited by a sponsor or other authority, except a zoning authority.

(2) The school must be nonsectarian in its programs, admission policies, employment practices, and all other operations.

(3) The primary focus of the school shall be to provide a comprehensive program of instruction for at least one grade or age group from five through eighteen years of age. Instruction may be provided to people younger than five years and older than eighteen years of age.

(4) The school may not charge tuition.

NEW SECTION. Sec. 7. Charter schools shall not discriminate in the admission of students, hiring practices, or otherwise on the basis of race, ethnicity, color, or national origin.

NEW SECTION. Sec. 8. (1) A school may limit admission in the following ways:

(a) Pupils within an age group or grade level; or

(b) Pupils who have attributes designating them as at risk of failure.

(2) The school shall not limit admission to students on the basis of athletic ability.

NEW SECTION. Sec. 9. A charter school shall design its programs to meet the standards contained in the contract with the sponsor.

NEW SECTION. Sec. 10. The school shall provide instruction each year for at least the number of days required of school districts.

NEW SECTION. Sec. 11. Transportation for students enrolled at a charter school shall be provided by the school district in which the school is located for a student who resides in the same school district in which the charter school is located. Transportation may be provided by the school district in which the school is located for a student residing in a different school district.

NEW SECTION. Sec. 12. If a teacher employed by a school district makes a written request for an extended leave of absence to teach at a charter school, the school district shall grant the leave.

NEW SECTION. Sec. 13. (1) The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to charter schools. The amount of state funding for charter schools shall be determined by the number of full-time equivalent students enrolled in the school multiplied by the estimated state-wide annual average per full-time equivalent student allocation under RCW 28A.150.260 and applicable rules.

(2) State funding for students who are eligible for special education under chapter 28A.155 RCW, the learning assistance program under chapter 28A.165 RCW, and the transitional bilingual instruction program under chapter 28A.180 RCW shall be determined in accordance with applicable statutes and rules that apply to school districts.

(3) For each annual full-time equivalent student enrolled in a charter school, the charter schools shall be entitled to an amount equal to the maintenance and operation excess tax levy rate per annual average full-time equivalent student of the district in which each full-time equivalent student who attends the charter school resides. These funds shall be paid to the charter school by the school district in which the student resides.

(4) The superintendent shall establish rules for the calculation and payment of funds to charter schools.

(5) The board of trustees may not levy taxes or issue bonds.

(6) Charter schools may receive funds from other governmental and private sources, excluding sectarian organizations.

(7) Money received from the state shall not be used to purchase land or buildings. The school may own land and buildings if obtained through nonstate sources. If school districts have excess classroom space, facilities, and buildings suitable for a charter school, the school district shall make such space and facilities available to the charter school.

NEW SECTION. Sec. 14. (1) The approving agency may unilaterally terminate a contract during the term of the contract for any reason in subsection (2) of this section. At least sixty days before not renewing or terminating a contract, the approving agency shall notify the board of trustees of the school of the proposed action in writing. The notice shall state the reasons for the proposed action in reasonable detail and the school's board of trustees may request in writing an informal hearing before the approving agency within fourteen days of receiving notice of nonrenewal or termination of the contract. Failure by the board of trustees to make a written request for a hearing within the fourteen-day period shall be treated as acquiescence to the proposed actions. Upon receiving a timely written request for a hearing, the approving agency shall give reasonable notice to the school's board of trustees of the hearing date. The approving agency shall conduct an informal hearing before taking final action.

(2) A contract may be terminated for the following reasons:

(a) The failure to meet the requirements for student performance contained in the contract;

(b) The failure to meet generally accepted standards of fiscal management;

(d) Other good cause shown.

(3) If a contract is terminated, the school shall be dissolved.

(4) If a contract is terminated or not renewed, students who attended the school may enroll in the resident district, or may submit an application to a nonresident district according to RCW 28A.225.220 through 28A.225.230. Applications and notices required by RCW 28A.225.220 through 28A.225.230 shall be processed and provided in a prompt manner.

NEW SECTION. Sec. 15. Sections 1 through 14 of this act shall constitute a new chapter in Title 28A RCW."

Correct the title accordingly.