1147-S.E

AN ACT Relating to charter schools; adding a new chapter to Title 28A RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. PURPOSE. (1) The purpose of this chapter is to authorize the creation of charter schools. Charter schools are public schools that operate independently of school districts. Charter schools may not be affiliated with a sectarian school or a religious institution.

(2) The goals of charter schools shall include, but are not limited, to the following:

(a) Improving student learning;

(b) Providing alternative learning opportunities for students in public schools, especially students with special needs and students who are at risk of academic failure;

(c) Encouraging the use of different and innovative teaching methods, including special approaches for targeted age populations;

(d) Creating new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;

(e) Encouraging performance-based education programs;

(f) Establishing new forms of accountability for schools; and

(g) Encouraging the use of innovative assessment methods designed to measure student performance and mastery of desired skills more accurately.

NEW SECTION. Sec. 2. APPLICATION PROCESS. (1) Entities eligible to submit an application to establish a charter school include existing public schools, nonprofit organizations or cooperatives, and public college and university teacher preparation programs. An existing public school may apply to become a charter school if at least fifty percent of the teachers employed in the school and fifty percent of parents of students attending the school agree to submit an application. Approved private schools and organizations promoting sectarian beliefs are not eligible to apply to become a charter school.

(2) By September 1, 1995, the state board of education shall develop an application form for charter schools. The application form shall include, but not be limited to, the following elements:

(a) A description of the charter school's proposed educational program, and a discussion of how the program will achieve the goals of section 1 of this act and the student learning goals in RCW 28A.150.210;

(b) Specific learning standards that students are to achieve;

(d) A proposed five-year budget;

(e) Governance, management, and financial policies and procedures; and

(f) Program evaluation and financial audit procedures.

NEW SECTION. Sec. 3. APPROVAL PROCESS. (1) Charter school applications shall be submitted to the board of directors of the school district in which the proposed charter school will be located. School boards shall approve or disapprove a charter application within ninety days of submittal. If the school board rejects the application, the application may be submitted to the state board of education for approval or disapproval.

(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.

(3) The approval of a charter school shall be in the form of a written contract between the approving agency and the board of trustees of the charter school. Except as provided in this chapter, the school district and the state board of education have broad authority in establishing the terms and conditions of the contract. At a minimum, the contract shall include:

(a) The applicable requirements of this chapter;

(b) Other educational program requirements;

(d) Admission policies and procedures;

(e) Governance, management, and financial policies and procedure requirements;

(f) Insurance and liability requirements that provide reasonable financial protection against loss; and

(g) Program evaluation and financial audit requirements.

(4) The term of the contract shall be no longer than five school years. Contracts may be renewed by the approving agency for up to an additional five-year period.

NEW SECTION. Sec. 4. CONDITIONS AND REQUIREMENTS. (1) The primary focus of charter schools shall be to provide a comprehensive program of instruction for at least one grade or age group from five through eighteen years of age.

(2) Charter schools shall design their programs to be consistent with the goals in RCW 28A.150.210 and the essential academic learning requirements developed for the goals. Before implementation of the essential academic learning requirements, the schools shall meet the learning requirements contained in the school's contract.

(3) Charter schools shall provide instruction each year and shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. Charter schools shall make available to students enrolled in grades one through twelve at least a school-wide average total instructional hour offering of one thousand hours. As used in this subsection, "instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school staff, inclusive of intermissions for class changes, recess, and teacher-parent or teacher-guardian conferences that are planned and scheduled by the school for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.

(4) A charter school shall comply with chapter 28A.155 RCW and rules relating to the education of handicapped students as though it were a school district.

(5) Charter schools shall annually administer the state-wide assessments in RCW 28A.230.190 through 28A.230.240, and have students participate in the assessments developed by the commission on student learning in RCW 28A.630.885 when the assessments are implemented. The schools also shall participate in other applicable state-wide accountability programs.

(6) Charter schools shall be nonsectarian in their programs, admissions policies, employment practices, and all other operations.

(7) Charter schools shall not charge tuition.

(8) Except as provided in this chapter, charter schools shall be exempt from all statutes and rules applicable to a school board or district, although they may elect to comply with one or more provisions of these statutes or rules. However, charter schools shall meet the same health, safety, and civil rights requirements as those required of a school district.

(9) Charter schools shall be subject to financial audits, audit procedures, and audit requirements similar to that required of a school district.

(10) Charter schools shall report at least annually to their approving agency and parents.

NEW SECTION. Sec. 5. ADMISSION OF STUDENTS. (1) A charter school may limit admission to the following:

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

(b) Residents of a specific geographic area if the percentage of the population of non-Caucasian people in the geographic area is greater than the percentage of the non-Caucasian population in the school district in which the geographic area is located, as long as the school reflects the racial and ethnic diversity of that specific area.

(2) A charter school shall enroll a student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In this case, students shall be accepted by lot, with first priority going to students from the school district in which the school is located.

(3) A charter school shall not limit admission to students on the basis of intellectual ability, measures of achievement or aptitude, or athletic ability.

NEW SECTION. Sec. 6. BOARD OF TRUSTEES. (1) Before submitting an application, a board of trustees shall be established. Bylaws containing the terms and qualifications of the board also shall be adopted before applications are submitted.

(2) The board of trustees shall be the school's governing board, and shall consist of teachers employed in the charter school, parents of students enrolled in the charter school, and other individuals. Consistent with their contract, the board of trustees may exercise broad discretionary power for the development and implementation of programs, activities, and services for the students enrolled in the school.

(3) The board of trustees shall employ and contract with teachers, as defined by chapters 28A.405 and 28A.410 RCW, who hold valid certificates to perform the particular service for which they are employed in the school. The board of trustees also may employ necessary employees who are not required to hold teaching certificates to perform other duties, and may contract for other services. The board may discharge teachers and noncertificated employees.

(4) The board of trustees may decide, or may choose to delegate, all matters related to the operation of the school, including budgeting, personnel, curriculum, and operating procedures.

NEW SECTION. Sec. 7. FUNDING. (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. 8. TERMINATION OF CONTRACTS. (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. 9. TRANSPORTATION. If a charter school provides transportation for students enrolled in the school, transportation funding shall be based on the average full-time equivalent transportation allocation for the district in which the school is located.

NEW SECTION. Sec. 10. EDUCATIONAL EMPLOYEES LEAVE OF ABSENCES‑-RETIREMENT‑-BARGAINING. (1) If a school district employee makes a written request for an extended leave of absence to work at a charter school, the school district shall grant the leave. The school district shall grant a leave for any number of years requested by the employee, and shall extend the leave at the employee's request. The school district may require that the request for a leave or extension of leave be made up to ninety days before the employee would otherwise have to report for duty.

(2) During a leave, the employee may continue to aggregate benefits and credits in the employee's retirement system account if appropriate employee and employer contributions are made. The department of retirement systems may impose reasonable requirements to administer this section efficiently.

(3) Employees of the board of trustees of the charter school may, if otherwise eligible, organize under chapter 41.59 RCW or chapter 41.56 RCW and comply with its provisions. The board of trustees of the school is a public employer, for the purposes of chapter 41.59 RCW or chapter 41.56 RCW, upon formation of one or more bargaining units at the school. Bargaining units at the school shall be separate from any other units.

NEW SECTION. Sec. 11. INFORMATION. The state board of education shall distribute information to the public and school district personnel on the major elements of a charter school, and how a charter school may be established.

NEW SECTION. Sec. 12. The legislative budget committee shall analyze the status and progress of the charter schools created under this act and report to the appropriate committees of the legislature by December 15, 1997.

NEW SECTION. Sec. 13. If specific funding for this act, referencing this act by bill number, is not provided by June 30, 1995, in the biennial appropriations act, this act shall be null and void.

NEW SECTION. Sec. 14. CAPTIONS NOT LAW. Captions used in sections 1 through 11 and 13 of this act do not constitute any part of the law.

NEW SECTION. Sec. 15. Sections 1 through 11 and 13 of this act shall constitute a new chapter in Title 28A RCW.