CHAPTER 80 SENATE BILL No. 402 An  Act concerning charter schools; amending K.S.A. 2001 Supp. 72-1903, 72-1904, 72-
1906 and 72-1907 and repealing the existing sections; also repealing K.S.A. 2001 Supp.
72-1905.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) The state board of education may adopt rules and
regulations to:

      (1) Administer the provisions of K.S.A. 2001 Supp. 72-1903 et. seq.,
and amendments thereto;

      (2) require periodic reports from charter schools; and

      (3) establish additional criteria for evaluating and approving charter
schools.

      (b) Charter schools approved on or before July 1, 2002, are not re-
quired to comply with rules and regulations adopted pursuant to subsec-
tion (a) until the charter of such school expires.

      Sec.  2. K.S.A. 2001 Supp. 72-1903 is hereby amended to read as
follows: 72-1903. (a) It is the intention of this act article 19 of chapter 72
of the Kansas Statutes Annotated, and amendments thereto, to provide an
alternative means within the public school system for ensuring accom-
plishment of the necessary outcomes of education by offering opportu-
nities for school building or school district employees groups, educational
services contractors, and other persons or entities to establish and main-
tain charter school programs schools that operate within a school district
structure, but independently from other school programs schools of the
district.

      (b) As used in article 19 of chapter 72 of the Kansas Statutes Anno-
tated, and amendments thereto, ``charter school'' means a separate and
distinct school, attendance at which is voluntary, which is established to
accomplish one or more of the purposes set forth in article 19 of chapter
72 of the Kansas Statutes Annotated, and amendments thereto. Each char-
ter school shall be subject to accreditation requirements of the state board
of education and must be accredited to maintain its charter. A charter
school may be maintained in a separate facility or in an existing school
facility if the charter school is operated separately from the other school
in the shared facility. Each charter school shall offer a general curriculum
appropriate to the grades offered at the charter school, but may include
one or more special programs as part of its curriculum. A charter school
also may be organized around a special emphasis, theme or concept or
utilize innovative educational methods or practices, or a combination of
these.

      Sec.  3. K.S.A. 2001 Supp. 72-1904 is hereby amended to read as
follows: 72-1904. The board of education of any school district may au-
thorize the establishment of a nonsectarian, outcomes-oriented educa-
tional program, hereinafter referred to as a charter school, as a means of
providing new opportunities for:

      (a) Improved pupil learning;

      (b) increased learning opportunities for pupils in special areas of em-
phasis in accord with themes established for charter schools;

      (c) creative and unconventional instructional techniques and struc-
tures;

      (d) new professional vistas for teachers who operate such schools or
who choose to work in them; and

      (e) freedom from conventional program constraints and mandates.

      Sec.  4. K.S.A. 2001 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 review
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 outcomes
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 lot-
tery method to be used if too many pupils seek enrollment in the school;

      (9) manner in which annual financial and program audits will be con-
ducted;

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

      (11) manner of pupil participation in the Kansas assessment program;

      (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 edu-
cation rules and regulations from which waiver is sought in order to fa-
cilitate operation of the school and explanation 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 incomplete,
the board may request the necessary information from the petitioner.
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.

      (f) After being notified by a board of education 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 regula-
tions. 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. can rea-
sonably be expected to accomplish the program goals such charter school
established pursuant to subsection (c). If the state board finds such charter
school is not likely to achieve such program goals, the state board shall
not approve the petition.

      (g) If the state board receives notification of the approval of petitions
by boards of education for establishment of more than 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 estab-
lishment of the 30 charter schools deemed to possess the greatest poten-
tial for successful operation. The state board shall notify boards of edu-
cation and petitioners for the establishment of a charter school of the
approval or disapproval 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) (h) If a charter school that has been approved for establishment
has sought waiver from any school district policy or state board of edu-
cation rules and regulations, 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. 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 con-
ditions of the waiver. The manner and method of exercising the rights
and performing the responsibilities, duties and functions provided for
under any school district policy or state board rules and regulations that
are waived under authority of this subsection shall be prescribed in the
charter and governed thereby.

      Sec.  5. K.S.A. 2001 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.

      (b) Renewal of the operational status of the charter school shall be
approved only if the charter school has demonstrated progress in achiev-
ing the program goals it established pursuant to K.S.A. 2001 Supp. 72-
1906, and amendments thereto. The board of education of a school district
shall first determine whether the charter school is demonstrating such
progress. If approved by the board of education, the state board shall
review such progress and approve or nonrenew the charter or discontinue
operation of the school.

      (c) 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 to make progress in achieving the educa-
tional objectives program goals contained in the charter;

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

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

      (b) (d) Prior to nonrenewing or revoking a charter, a board of edu-
cation shall hold a hearing on the issues in controversy. Spokespersons
for the charter school shall be provided the opportunity to present infor-
mation 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 pro-
cedures for authority to operate a charter school. 
Sec.  6. K.S.A. 2001 Supp. 72-1903, 72-1904, 72-1905, 72-1906 and
72-1907 are hereby repealed.
 Sec.  7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 23, 2002.
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