Session of 1999
         
HOUSE BILL No. 2461
         
By Representatives O'Connor, Faber, Farmer, Horst, Morrison,
         
Neufeld and Powell
          
2-10
          
10             AN  ACT authorizing the establishment of state charter schools; repealing
11             K.S.A. 1998 Supp. 72-1903, 72-1904, 72-1905, 72-1906, 72-1907, 72-
12             1908, 72-1909 and 72-1910.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) The state board of education may authorize the estab-
16       lishment of nonprofit, nonsectarian, outcomes-oriented, performance-
17       based educational programs, hereinafter referred to as state charter
18       schools. The primary purpose for authorizing the establishment of state
19       charter schools shall be to provide parents and pupils with expanded op-
20       tions in choosing educational opportunities that are available within the
21       state. Additional purposes for authorizing the establishment of state char-
22       ter schools shall be to provide new opportunities for:
23             (1) Improved pupil learning;
24             (2) increased learning opportunities for pupils in special areas of em-
25       phasis in accord with themes established for state charter schools;
26             (3) creative and unconventional instructional techniques and
27       structures;
28             (4) new professional vistas for teachers who operate such schools or
29       who choose to work in them; and
30             (5) freedom from conventional program constraints and mandates.
31             (b) A state charter school shall have all powers necessary or desirable
32       for carrying out its educational program, including, but not limited to, the
33       following:
34             (1) To adopt a name. Any name selected must include the words
35       "state charter school";
36             (2) to sue and be sued, but only to the same extent and upon the
37       same conditions that a unified school district may be sued;
38             (3) to acquire real property, from public or private sources, by pur-
39       chase, lease, lease with an option to purchase, or by gift, for use as a
40       school facility;
41             (4) to receive and expend funds for school purposes;
42             (5) to enter into contracts and leases for the procurement of services,
43       equipment and supplies;

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  1             (6) to solicit and accept any grants or gifts for school purposes.
  2             (c) State charter schools shall operate independently from school dis-
  3       tricts and boards of education of school districts. No board of education
  4       shall have jurisdiction over or legal responsibility for a state charter school.
  5             (d) The state board of education shall exercise general supervision
  6       over state charter schools to the same extent and in the same manner that
  7       the state board exercises general supervision over school districts.
  8             (e) The state board of education may conduct or cause to be con-
  9       ducted such financial and program audits of the operations of state charter
10       schools as may be necessary to determine whether such schools are in
11       compliance with the provisions of their charters and with the provisions
12       of law from which such schools have not been exempted by this act.
13             (f) State charter schools shall comply with all federal and state laws
14       relating to provision of special education services for exceptional children.
15             (g) State charter schools shall comply with all federal and state laws
16       relating to health and safety.
17             (h) State charter schools shall have no power, privilege or authority
18       with respect to the levy and collection of taxes or the issuance of bonds.
19       State charter schools shall not have the power of eminent domain.
20             (i) State charter schools shall be deemed to be state agencies for all
21       purposes of the Kansas tort claims act. The members of the governing
22       authority and all employees of a state charter school shall be deemed to
23       be employees of a state agency for all purposes of the Kansas tort claims
24       act.
25             Sec.  2. The total number of state charter schools operating in the
26       state in any school year shall not exceed 30. No more than two state
27       charter schools may be operated in a school district in any school year.
28       The state board of education shall establish a procedure for effectuating
29       the provisions of this section by publishing information concerning the
30       number of state charter schools currently being operated, the availability
31       of an opportunity for establishment of a state charter school due to dis-
32       continuance of a previously established state charter school, and criteria
33       for determining the order in which additional state charter schools may
34       be established.
35             Sec.  3. (a) The state board of education shall design and prescribe
36       the format of a petition for establishment of state charter schools. The
37       petition shall be designed in a manner that will provide for inclusion of
38       a description of the key elements of the charter under which the school
39       will be operated.
40             (b) A petition for the establishment of a state charter school may be
41       prepared and submitted to the state board of education by or on behalf
42       of a business or corporate entity, a parent or group of parents, a college,
43       university, museum or similar entity, an educational services contractor,

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  1       or any other person or entity other than the board of education of a
  2       unified school district. Any such petition shall be submitted by not later
  3       than December 1 of the school year preceding the school year in which
  4       the state charter school is proposed to be established. Before submitting
  5       a petition for the establishment of a state charter school to the state board
  6       of education, the petitioner shall submit the charter for operation of the
  7       proposed school to the board of education of the school district in which
  8       the school will be located and shall request the board of education to
  9       make comments and suggestions regarding the charter of the school and
10       its operation in the school district.
11             (c) The state board of education shall receive and review each petition
12       for establishment or continuation of a state charter school and may grant
13       or renew a charter for operation of the school. The charter must contain
14       the following key elements:
15             (1) A description of the educational program of the school, including
16       the facilities that will be used to house the program;
17             (2) a description of the level of interest and support on the part of
18       the community to be served;
19             (3) specification of program goals and the measurable pupil outcomes
20       consonant with achieving the goals;
21             (4) explanation of how pupil performance in achieving the specified
22       outcomes will be measured, evaluated, and reported;
23             (5) the governance structure of the school, including the means of
24       ensuring accountability to the state board of education;
25             (6) a description of qualifications to be met by persons employed by
26       the state charter school;
27             (7) procedures that will be followed to ensure the health and safety
28       of pupils and staff;
29             (8) criteria for admission of pupils, including a description of the lot-
30       tery method to be used if too many pupils seek enrollment in the school;
31             (9) manner in which annual financial and program audits will be
32       conducted;
33             (10) pupil suspension and expulsion policies;
34             (11) manner of pupil participation in the Kansas assessment program;
35             (12) terms and conditions of employment in the state charter school;
36             (13) specification of the manner in which contracts of employment
37       and status of employees of the school will be dealt with upon nonrenewal
38       or revocation of the charter; and
39             (14) the proposed budget of the state charter school.
40             (d) In addition to the key elements required by subsection (c) to be
41       contained in the charter, a state charter school must comply with the
42       following requirements in order to qualify for establishment or
43       continuation:

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  1             (1) The school must be focused on outcomes or results and must
  2       participate in the quality performance accreditation system;
  3             (2) the school shall not limit admission based on ethnicity, national
  4       origin, gender, income level, condition of exceptionality, proficiency in
  5       English language or athletic ability, however a school may limit admission
  6       to pupils within a given age group or grade level;
  7             (3) pupils may not be charged tuition; and
  8             (4) compliance with applicable health, safety, and access laws must
  9       be assured.
10             (e) Upon receipt of a petition for establishment or continuation of a
11       state charter school, if the state board of education finds the petition to
12       be incomplete, the state board may request the necessary information
13       from the petitioner. After receiving a satisfactory petition, the state board
14       of education shall determine whether the proposed state charter school
15       will be in compliance with applicable state and federal laws and rules and
16       regulations. If the state board finds that the proposed state charter school
17       will be in compliance with such laws and rules and regulations, the state
18       board shall approve establishment of the school and notify the petitioner
19       of the approval within 30 days thereafter or by April 1 of the school year
20       preceding the school year in which the state charter school is proposed
21       to be established, whichever is earlier. If the state board finds that the
22       proposed state charter school will not be in compliance with such laws
23       and rules and regulations, establishment of the school shall not be ap-
24       proved until the state board's objections have been satisfied. If the state
25       board disapproves establishment of the school, the state board shall notify
26       the petitioner of the reasons for the disapproval and shall offer sugges-
27       tions for improvement of the petition.
28             Sec.  4. (a) There is established the advisory board on state charter
29       schools. The advisory board shall be composed of seven members as
30       follows:
31             (1) The commissioner of education, or the designee of the
32       commissioner;
33             (2) the chairperson of the committee on education of the senate, or
34       the designee of the chairperson;
35             (3) the chairperson of the committee on education of the house of
36       representatives, or the designee of the chairperson;
37             (4) two members of the general public, appointed by the governor;
38       and
39             (5) two members who are representative of business and industry,
40       appointed by the governor.
41             (b) Members of the advisory board who are state officers shall serve
42       ex officio for terms concurrent with their terms as state officers. Members
43       of the advisory board who are appointed by the governor shall serve at

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  1       the pleasure of the governor and shall hold office until their successors
  2       are appointed by the governor.
  3             (c) Members of the advisory board attending meetings of the board
  4       or subcommittee meetings authorized by the advisory board or the state
  5       board of education shall receive compensation, subsistence allowances
  6       and mileage provided for in K.S.A. 75-3223, and amendments thereto.
  7       The advisory board shall meet upon call of the state board of education.
  8             (d) The advisory board shall:
  9             (1) Advise and consult with the state board of education regarding
10       the administration of this act;
11             (2) assist the state board of education in monitoring the establishment
12       and operation of state charter schools;
13             (3) assist the state board of education in reviewing petitions for es-
14       tablishment or continuation of state charter schools, evaluate the charters
15       for operation of such schools, consider comments and suggestions made
16       by boards of education regarding state charter schools, and make rec-
17       ommendations regarding approval or disapproval of petitions;
18             (4) attend hearings held by the state board of education on nonre-
19       newal or revocation of charters and make recommendations to the state
20       board regarding its decision on the matter;
21             (5) periodically assess and evaluate the impact of the operation of
22       state charter schools upon the public education system of the state and
23       make reports thereon to the state board of education;
24             (6) perform such other duties and functions as the state board of
25       education may request.
26             Sec.  5. (a) Whenever a state charter school has been approved for
27       establishment by the state board of education, no other approval shall be
28       required for a period of five school years. The state board of education
29       shall submit budget requests for legislative appropriations for state char-
30       ter schools in the same manner and at the same time as budget requests
31       for operation of unified school districts are submitted.
32             (b) The state board of education may consider renewal of the oper-
33       ational status of a state charter school at the conclusion of a five-year
34       period of approval and may either renew the charter and continue op-
35       eration of the school, or nonrenew the charter and discontinue operation
36       of the school. The state board of education shall revoke the charter of a
37       school if the school:
38             (1) Materially violates provisions contained in the charter;
39             (2) fails to meet or pursue the educational objectives contained in the
40       charter;
41             (3) fails to comply with fiscal accountability procedures as specified
42       in the charter; or
43             (4) violates provisions of federal or state law from which the school

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  1       has not been exempted by this act.
  2             (c) Prior to nonrenewing or revoking a charter, the state board of
  3       education shall hold a hearing on the issues in controversy. Spokespersons
  4       for the state charter school shall be provided the opportunity to present
  5       information refuting the basis upon which the nonrenewal or revocation
  6       is premised. At least 30 days' notice must be provided to representatives
  7       of the state charter school prior to the hearing. Within 60 days after the
  8       hearing, the state board of education shall announce its decision on the
  9       nonrenewal or revocation issue. The state board may abandon the pro-
10       posed nonrenewal or revocation, nonrenew or revoke the charter, or con-
11       tinue recognition of the charter contingent upon compliance with speci-
12       fied conditions. The decision of the state board of education to nonrenew
13       or revoke a charter is not subject to appeal; however, the chartering au-
14       thorities may renew procedures for approval to operate a state charter
15       school.
16             Sec.  6. Pupils who are enrolled in a state charter school and who
17       reside in the school district in which the state charter school is located
18       shall be provided transportation to the state charter school by the school
19       district on the same terms and conditions as transportation is provided to
20       pupils attending nonpublic schools located in the district. No school dis-
21       trict shall be required to provide transportation to a state charter school
22       for pupils who are not residents of the district. Pupils who are not pro-
23       vided transportation to a state charter school by a school district shall be
24       responsible for their own transportation to and from the state charter
25       school.
26             Sec.  7. (a) Each school district shall grant a leave of absence to any
27       employee requesting such leave in order to participate in the operation
28       of a state charter school. A school district employee may request a leave
29       of absence for up to two years. At the end of the two year period, the
30       employee may make a request to the board of education that such leave
31       be extended for an additional three years, and approval for the request
32       shall not be unreasonably withheld, or the employee may return to em-
33       ployment by the school district. At the end of the fifth year, the employee
34       may either return to the employee's former position or, if the employee
35       chooses to continue participation in the operation of the state charter
36       school, resign from employment by the school district.
37             (b) No board of education shall terminate the employment of, or
38       prevent or impair the profession of, or impose any other sanction on any
39       school employee because the employee requested a leave of absence to
40       participate in the operation of a state charter school.
41             (c) All employees who are participating in the operation of a state
42       charter school and who qualify for membership in the Kansas public em-
43       ployees retirement system shall be members of the system.

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  1             (d) All employees who are on leave of absence from a school district
  2       in order to participate in the operation of a state charter school and who
  3       qualify for health insurance and other fringe benefit programs provided
  4       for other employees of the school district shall be eligible to participate
  5       in such programs.
  6             (e) The governing authority of a state charter school may purchase
  7       group life, health and accident insurance or health care services of a
  8       health maintenance organization for all employees of the school. The
  9       governing authority of a state charter school may purchase liability insur-
10       ance covering all or any part of the operation of the school.
11             Sec.  8. The state department of education, in conjunction with the
12       state department of administration, shall publish annually a list of vacant
13       and unused buildings and vacant and unused portions of buildings that
14       are owned by this state or by school districts in this state and that may
15       be suitable for the operation of a state charter school. The state depart-
16       ment of education shall make the list available to the public. The list shall
17       include the address and a short description of each building and shall
18       specify the ownership of the building. Availability of the building, by sale
19       or lease, for use as a state charter school shall not be unreasonably with-
20       held by the state or by the school district owning the building.
21             Sec.  9. The state board of education shall provide, upon request, any
22       person, group, or any other entity with technical advice and assistance
23       regarding the establishment and operation of a state charter school or the
24       preparation of a petition requesting authorization to establish and operate
25       a state charter school.
26             Sec.  10. At the conclusion of each school year, commencing with the
27       2002-03 school year, the state board of education shall make a report to
28       the governor and the legislature on the effectiveness of the provisions of
29       this act. The report shall include the following information:
30             (a) The number and location of state charter schools established and
31       operating in the state;
32             (b) the number of petitions for authorization to establish and operate
33       a state charter school submitted during the school year, the number of
34       such petitions that were approved, and the number of such petitions that
35       were disapproved along with the reasons for disapproval;
36             (c) an assessment and evaluation of the impact the operation of state
37       charter schools has had on the public education system of the state.
38             Sec.  11. Nothing in this act shall be construed or applied in any man-
39       ner so as to abrogate, impair or abridge the terms of any charter for
40       operation of a school executed prior to the effective date of this act, nor
41       shall anything in this act be construed or applied in any manner so as to
42       change or affect the operation and management of any charter school
43       approved and operating prior to the effective date of this act. All such

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  1       charters and charter schools shall be controlled by the provisions of law
  2       in effect at the time of execution and approval, which laws are repealed
  3       by this act. 
  4       Sec.  12. K.S.A. 1998 Supp. 72-1903, 72-1904, 72-1905, 72-1906, 72-
  5       1907, 72-1908, 72-1909 and 72-1910 are hereby repealed.
  6        Sec.  13. This act shall take effect and be in force from and after its
  7       publication in the statute book.