SENATE BILL REPORT
SI
177
As of January 22, 1996
Title: Relating to education.
Sponsors: People of the state of Washington.
Brief History:
Committee Activity: Education: 1/22/96.
SENATE COMMITTEE ON EDUCATION
Staff: Leslie Goldstein (786-7424)
Background: The basic charter school concept is to allow a group of teachers or others to apply for permission to open school and to give the same funds provided to public schools. The schools are generally freed from many state laws and regulations. Charter school legislation passed in Minnesota four years ago. Since then 18 other states have passed charter school legislation in various forms. Minnesota passed charter school legislation in 1991. California followed in 1992. In 1993, Massachusetts, Colorado, Wisconsin, New Mexico, and Georgia passed legislation. In 1994, Arizona, Michigan, Hawaii, and Kansas followed. Delaware, Texas, Louisiana, Wyoming, Rhode Island, Arkansas, and Alaska followed in 1995. In the states with charter school legislation, there are 219 charter schools in six states and 15 charter schools in the remaining 12 states.
Summary of Bill: Overview. The voters of each public school district may elect to convert the district to a "renewed public school district." Independent public schools may be created within that school district. The stated purpose is to "restore accountability, efficiency, and parental choice to public education."
Creation of a Renewed Public School District. A proposition to convert a public school district to a renewed public school district must be placed on the ballot at the earliest election date. If not approved, the measure must be placed on the ballot whenever a school district levy or bond measure is placed before the voters. An independent school district can only be converted back to a regular public school district if the conversion is approved by the voters. A measure to convert can only be placed on the ballot once every six years.
A renewed public school district contains two types of schools: a government-operated public school and an independent public school.
Creation of an Independent Public School Within a Renewed Public School District. In a renewed public school district, an independent public school can be created by: (1) a government-operated public school converting; or (2) a nonprofit organization obtaining a license.
Conversion of a government-operated public school: A government-operated public school can be converted by: (1) petition of two-thirds of the families with children attending the school; or (2) a petition signed by a majority of the parents and teachers employed by the school.
License to become an independent public school: The applicant must be a nonprofit corporation and must apply before August 1 of any year. The school board must approve or deny the license application within 14 days. An application can be denied only if the applicant does not satisfy one of the specific requirements for establishing an independent public school. The applicant must be given a chance to correct the problem. The applicant may appeal to the Superintendent of Public Instruction or an arbitrator.
Requirements For Independent Public Schools. Application of laws governing private schools: Independent public schools are not subject to any laws except those specifically stated and those laws governing approved private schools in effect as of December 31, 1994. These laws are generally those necessary to insure the health and safety of students and to insure a sufficient basic education to meet usual graduation requirements. These requirements include:
!The minimum school year of 180 days or the equivalent in program hour offerings.
!Certification for all teachers except persons who teach religious courses or persons of unusual competence under the general supervision of a certificated person.
!Permission to operate an extension program for parents teaching their own children when certain requirements are met including having a certificated person spend one hour of contact time with the student.
!Protection of records.
!Providing curriculum sufficient to meet graduation requirements and meet the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and an appreciation of art and music.
!Maintaining up-to-date policy statements.
!Reporting attendance.
Rights of private schools include:
!Being solely responsible for decisions of policy, philosophy, selection of books, teaching material, curriculum, school rules and administration.
!Being able to teach religious beliefs and doctrines, if any, and to pray in class and assemblies.
Specific provisions governing independent public schools include:
!Completing an education achievement plan for each student. The plan must be signed by the teacher, parent, and principal.
!Being non-profit organizations.
!Employing certificated teachers.
!Meeting requirements for a license including:
<Names and addresses of the applicant, the principal and the board of directors;
<The names and qualifications of teachers and staff;
<Any affiliations with other public or private institutions;
<Liability insurance;
<Description of the school site;
<Expectations for student performance and conduct and a student code of conduct;
<The scope and sequence of the academic program; and
<For renewal applications, test scores on nationally normed tests and data about improvements.
!Not being subject to the laws regarding education reform.
Requirements For All Public Schools Within a Renewed Public School District. Once a renewed public school district is established, both "government operated public schools" and "renewed public schools" must submit public monthly and annual reports about:
! Discrimination and hate groups being prohibited;
!Not requiring extra tuition;
!Reserving a minimum of 15 percent of enrollment for low-income students;
!Student enrollment, student turnover, average test scores, and written complaints; and
!Financial information.
Choosing An Independent Public School. Parents can choose any public school with an opening regardless of where they live. Independent public schools may immediately add space to serve additional students.
Parental choice may be limited for the balance of the school year if the student is truant, suspended, expelled or changes schools too many times. Choice can be limited indefinitely for criminal conduct.
Students. Discipline: A code of conduct must be established. The principal has the authority to discipline students. Students may be expelled for serious or habitual misconduct relating to the school after written notice. Due process is required.
Eligibility to Enroll: Discrimination based on race, color, national origin, ethnicity, family income, religion, place or residence, or other criteria under state or federal law is prohibited. Fifteen percent of the enrollment must be reserved for low-income students.
Staff. The independent public school must hire certificated teachers. Staff may choose to be represented by a union but cannot be subject to any collective bargaining agreement negotiated by the school district. The independent public school may hire, fire and determine the compensation of their employees, subject to applicable employment laws.
An independent public school employee receives the same state-funded employee benefits as if employed in a government-operated public school.
Employees have the right to resume employment with the district without loss of salary, benefits or seniority. Years of employment with the independent public school are counted as additional years employed by the district.
Funding. General: Each independent public school receives its share of all federal, state, and local funds received by the district other than funds received for transportation or capital purposes. Funding is based upon the number of students enrolled. Special needs funding must follow the special needs students to the independent public school attended. The district may withhold a processing fee of not more than 2 percent.
The state is responsible for the extra costs of a special needs child if a court finds that the amount allocated by the state is not sufficient.
Operating funds must be distributed without restriction, except to the minimum extent required by the constitution.
Transportation: Free transportation must be provided for every low-income and special needs student. For other students, the district may provide free transportation or may limit transportation to the nearest government public school. If an independent public school agrees to reimburse the district for the marginal additional costs, the district must provide transportation to the independent public school. If the district chooses to transport students to every public school in the district, the state is required to reimburse the district as if every independent public school was a government operated public school.
Facilities. The renewed public school district may continue to own and construct school facilities. It may construct new facilities for sale or rent to independent public schools. The independent public school can continue to rent a converted school for reasonable rent. A renewed public school district must rent vacant or surplus property to an independent public school if requested. If more than 50 percent of the students are low-income or special needs, below market rent may be charged.
The proceeds from rentals must be used to provide incentives for independent public schools to locate or operate in neighborhoods with low-income students, or to provide incentives for independent public schools to provide services to low income students.
The renewed public school district may sell school facilities to an independent public school, but the property must be used for independent public schools as long as the district is a renewed public school district.
Other Provisions. The state cannot discriminate against renewed public school districts. Independent public schools have the same tax status as government operated public schools.
Remedies: The Consumer Protection Act may be used as a remedy by any person injured by an unfair or deceptive practice.
Binding arbitration is required to settle disputes between a district and a renewed public school.
The Legislature must propose legislation to make the laws governing education consistent with the Education Excellence Act.
Appropriation: None.
Fiscal Note: Requested.
Effective Date: Ninety days after adjournment of session in which bill is passed.