CHAPTER 133 SENATE Substitute for HOUSE BILL No. 2357 An Act concerning charter schools; increasing the number of such schools authorized to
be operated in the state; amending K.S.A. 1999 Supp. 72-1905, 72-1906 and 72-1907
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 72-1905 is hereby amended to read as
follows: 72-1905. The total number of charter schools operating in the
state in any school year shall not exceed 15 30. No school district may
operate more than two charter schools in any school year. The state board
of education shall establish a procedure for effectuating the provisions of
this section by providing school districts with information concerning the
number of charter schools currently being operated, the availability of an
opportunity for establishment of a charter school due to discontinuance
of a previously established charter school, and criteria for determining
the order in which additional charter schools may be established.

      Sec.  2. K.S.A. 1999 Supp. 72-1906 is hereby amended to read as
follows: 72-1906. (a) The state board of education shall design and pre-
scribe the format of a petition for establishment of charter schools. The
petition shall be designed in a manner that will provide for inclusion of
a description of the key elements of the charter under which the school
will be operated. The board of education of a school district may adopt
policies and procedures for receiving, reviewing and screening petitions.

      (b) A petition for the establishment of a charter school may be pre-
pared and submitted to the board of education of a school district by or
on behalf of a school building or school district employees group, an
educational services contractor, or any other person or entity. Any such
petition shall be submitted by not later than December 1 of the school
year preceding the school year in which the charter school is proposed
to be established.

      (c) The board of education of a school district shall receive and re-
view each petition for establishment or continuation of a charter school
and may grant or renew a charter for operation of the school. The charter
must contain the following key elements:

      (1) A description of the educational program of the school, including
the facilities that will be used to house the program;

      (2) a description of the level of interest and support on the part of
school district employees, parents, and the community;

      (3) specification of program goals and the measurable pupil out-
comes consonant with achieving the goals;

      (4) explanation of how pupil performance in achieving the specified
outcomes will be measured, evaluated, and reported;

      (5) the governance structure of the school, including the means of
ensuring accountability to the board of education;

      (6) a description of qualifications to be met by persons employed by
the district for assignment to the charter school;

      (7) procedures that will be followed to ensure the health and safety
of pupils and staff;

      (8) criteria for admission of pupils, including a description of the
lottery method to be used if too many pupils seek enrollment in the
school;

      (9) manner in which annual financial and program audits will be
conducted;

      (10) pupil suspension and expulsion policies, to the extent there is
deviation from districtwide policies;

      (11) manner of pupil participation in the Kansas assessment pro-
gram;

      (12) terms and conditions of employment in the charter school;

      (13) specification of the manner in which contracts of employment
and status of certificated employees of the district who participate in the
operation of the school will be dealt with upon nonrenewal or revocation
of the charter or upon a decision by any such employees to discontinue
participation in the operation of the school;

      (14) identification of school district policies, and state board of ed-
ucation rules and regulations, and statutory requirements from which
waiver is sought in order to facilitate operation of the school and expla-
nation of the reasons such waivers are being requested; and

      (15) the proposed school budget.

      (d) In addition to satisfying a board of education with regard to the
key elements contained in the charter, a charter school must comply with
the following requirements in order to qualify for establishment or con-
tinuation:

      (1) The school must be focused on outcomes or results and must
participate in the quality performance accreditation process unless a spe-
cific request documenting the reasons for deviation from the process is
submitted to and approved by the board of education and the state board
of education;

      (2) pupils in attendance at the school must be reasonably reflective
of the racial and socio-economic composition of the school district as a
whole;

      (3) pupils may not be charged tuition; and

      (4) compliance with applicable health, safety, and access laws must
be assured.

      (e) If, upon receipt of a petition for establishment or continuation
of a charter school, a board of education finds the petition to be incom-
plete, the board may request the necessary information from the peti-
tioner. After receiving a satisfactory petition, the board of education shall
give notice of the time, date and place for the holding of a public hearing
on the petition and shall rule on the petition within 30 days after the
public hearing is held. If the board of education approves the petition,
the board shall notify the petitioner and the state board of education
within 30 days after the approval or by February 1 of the school year
preceding the school year in which the charter school is proposed to be
established, whichever is earlier. After being notified by a board of edu-
cation of the approval of a petition, the state board shall determine
whether the charter school is in compliance with applicable state and
federal laws and rules and regulations. If the charter school is found to
be in compliance with such laws and rules and regulations, the state board
shall approve establishment of the charter school. If the charter school is
not in compliance with such laws and rules and regulations, establishment
of the school shall not be approved until the state board's objections have
been satisfied. If the state board receives notification of the approval of
petitions by boards of education for establishment of more than 15 30
charter schools that are found to be in compliance with applicable state
and federal laws and rules and regulations, the state board shall select
and approve establishment of the 15 30 charter schools deemed to possess
the greatest potential for successful operation. The state board shall notify
boards of education and petitioners for the establishment of a charter
school of the approval thereof by not later than April 1 of the school year
preceding the school year in which the charter school is proposed to be
established.

      (f) If a charter school that has been approved for establishment has
sought waiver from any school district policy, or state board of education
rules and regulations, or statutory requirements, the board of education
of the school district in which the charter school will be established may
consider the reasons for which the waivers have been requested. If the
board of education determines that the reasons for seeking such waivers
are meritorious and legitimately related to successful operation of the
charter school, the board of education may grant waiver of school district
policy and may make application, on behalf of the charter school, to the
state board of education for waiver of state board rules and regulations
or statutory requirements. The state board may consider the application
for waiver and approve, deny, or amend and approve the application.
Upon approval or amendment and approval of the application, the charter
school may operate under the terms and conditions of the waiver. The
manner and method of exercising the rights and performing the respon-
sibilities, duties and functions provided for under any school district pol-
icy, or state board rules and regulations, or statutory requirements that
are waived under authority of this subsection shall be prescribed in the
charter and governed thereby.

      Sec.  3. K.S.A. 1999 Supp. 72-1907 is hereby amended to read as
follows: 72-1907. (a) Whenever a charter school has been approved for
establishment or continuation by the board of education of a school dis-
trict and the state board of education, no other approval shall be required
for a period of three school years. The board of education may consider
renewal of the operational status of the charter school at the conclusion
of such three-year period and may either renew the charter and continue
operation of the school, subject to approval by the state board of educa-
tion, or nonrenew the charter and discontinue operation of the school.
The board of education shall revoke the charter of a school if the school:

      (1) Materially violates provisions contained in the charter;

      (2) fails to meet or pursue the educational objectives contained in
the charter;

      (3) fails to comply with fiscal accountability procedures as specified
in the charter; or

      (4) violates provisions of law rules and regulations of the state board
of education that have not been waived by the state board of education.

      (b) Prior to nonrenewing or revoking a charter, a board of education
shall hold a hearing on the issues in controversy. Spokespersons for the
charter school shall be provided the opportunity to present information
refuting the basis upon which the nonrenewal or revocation is premised.
At least 30 days notice must be provided to representatives of the charter
school prior to the hearing. Within 60 days after the hearing, the board
of education shall announce its decision on the nonrenewal or revocation
issue. The board may abandon the proposed nonrenewal or revocation,
nonrenew or revoke the charter, or continue recognition of the charter
contingent upon compliance with specified conditions. The decision of a
board of education to nonrenew or revoke a charter is not subject to
appeal; however, the charter school authorities may renew procedures for
authority to operate a charter school.

 Sec.  4. K.S.A. 1999 Supp. 72-1905, 72-1906 and 72-1907 are hereby
repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 5, 2000.
__________