Charter schools-authorizer.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0494

HOUSE BILL
NO.
HB0259

Charter schools-authorizer.

Sponsored by:
Representative(s) Cohee,
Edmonds
, Pedersen, Stubson, Teeters and Wallis and Senator(s)
Jennings

A BILL

for

AN ACT relating to
charter schools; establishing a charter school authorizer comprised of the school district board or the Wyoming community college commission; accordingly modifying provisions to allow charter school applications, review and approval through the charter authorizer; specifying basis for charter approval; granting rulemaking authority
and authorizing fees
;
modifying charter
application
and contract provisions;
specifying minimum levels of charter funding and provided district services;
providing an appropriation
;
authorizing
a
position
;

specifying application;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section

1.

W.S.
21
‑
3
‑
302(a) by creating new paragraphs (iii) and (iv), by renumbering paragraphs (iii) through (vi) as (v) through (viii) and by creating a new paragraph (ix), 21
‑
3
‑
303(a) and (d),
21
‑
3
‑
304
(b), (d),
(g)
, (j)
and (k), 21
‑
3
‑
305(a),
21
‑
3
‑
306(a) and (b),
21
‑
3
‑
308(a)
,

(c)
and (
d
), 21
‑
3
‑
310(a)
and
(b)
,
21
‑
3
‑
312,
21
‑
3
‑
314(c) through (e)
and 21
‑
18
‑
202 by creating a new subsection (h)
are amended to read:

21
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3
‑
302.

Definitions.

(a)

As used in this article:

(iii)

"Charter applicant" means a person who applies to a charter authorizer to establish a charter school;

(iv)

"Charter authorizer" means the
Wyoming
community college commission
or the district board of application by the charter applicant;

(iii)
(v)

"District board" means the board of trustees of a school district elected as the governing body of the school district;

(iv)
(vi)

"New charter school" means a charter school established within the district which is located in a facility or a portion of a facility which is not currently being operated by the district as a public school;

(v)
(vii)

"School district" means each school district now or hereafter legally organized as a body corporate pursuant to W.S. 21
‑
3
‑
101, et seq.;

(vi)
(viii)

"State board" means the state board of education appointed pursuant to W.S. 21
‑
2
‑
301
;
.

(ix)

"
Wyoming
community college commission" means the
Wyoming
community college commission created under W.S. 21
‑
18
‑
201.

21
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3
‑
303.

Charter school prohibitions.

(a)

This article shall not prohibit any private person or organization from funding or providing other assistance for the establishment or operation of a charter school established pursuant to this article when the district board
or
the community college commission
determines the funding or assistance is compatible with the mission of the
district

state education system
.

(d)

No charter school shall enter into a contract with an independent management company without the prior written consent of the
district board. The school district shall be a third party beneficiary to any management contract approved by the district board

charter authorizer which granted the charter
.

21
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3
‑
304.

Charter school; requirements; authority.

(b)

A charter school shall be a public school within the school district
that grants its charter

in which the school is located

and shall be accountable to the
district board

charter authorizer

for purposes of ensuring compliance with applicable laws and charter provisions and the requirements of the state constitution.

(d)

A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the
school district

charter authorizer
. A charter school may organize as a nonprofit corporation pursuant to the Wyoming Nonprofit Corporation Act, which shall not affect its status as a public school for any purposes under
Wyoming
law.

(g)

Pursuant to contract, a charter school may operate free from specified school district policies and state regulations. Pursuant to contract, a school district may waive locally imposed school district requirements, without seeking approval of the state board. The state board may waive state statutory requirements or rules promulgated by the state board, except that the state board shall not waive any statute or rule relating to the assessments or standards required to be administered. Upon request of the charter applicant, the state board shall provide summaries of such regulations and policies to use in preparing a charter school application. The department of education shall prepare the summary of state regulations within existing appropriations. Any waiver of state or local school district regulations made pursuant to this subsection shall be for the term of the charter for which the waiver is made, except that a waiver of state statutes or regulations by the state board shall be subject to review every
two (2)

five (5)
years and may be revoked if the waiver is deemed no longer necessary by the state board.

(j)

A charter school
approved by a charter authorizer

may negotiate and contract with a school district, the governing body of a state college or university, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity or undertaking that the charter school is required to perform in order to carry out the educational program described in its charter.
Except as
provided
by
W.S. 21
‑
3
‑
314, a
ny services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this subsection.
Any school district which refuses to negotiate in good faith, provide services at cost or enter into an agreement with a
n approved
charter school shall be liable to the charter school for any reasonable expense incurred by the charter school in privately contracting for the service.

(k)

A charter school shall not be required to pay rent for space which is deemed available

by the school facilities commission from its inventory of school district facilities
, as negotiated by contract
.
, in school district facilities.
All other costs for the improvement, modification, operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the district board.

21
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3
‑
305.

Charter schools; contract contents; regulations.

(a)

An approved

Following
ap
proval of a
charter application

by the charter authorizer
based upon adequate public support for the application determined through the public hearing held under W.S. 21
‑
3
‑
308, the school district and the applicant
shall
serve

use the approved application
as the basis for a contract between the charter school and the school district.

21
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3
‑
306.

Application for establishing charter schools; conversion of existing schools; application process.

(a)

Any person
may apply to
the district board

a charter authorizer
for the establishment of a new charter school or a charter school within a school
.

to be located within the school district

A charter authorizer is not required to approve a charter school and may require an applicant to modify or supplement an application as a condition of approval
.

(b)

Administrators and teachers employed by
the

a
district, parents of students enrolled in
the

a
district and any special district advisory group comprised of district residents may apply to
the district board

a charter authorizer
to convert an existing public school operating within
the

a
school district to a charter school. An application filed under this subsection shall demonstrate the support of not less than fifty percent (50%) of the teachers employed by the school who teach at the school proposed to be converted, and the parents of fifty percent (50%) of all students attending the school proposed to be converted.

21
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3
‑
308.

Hearing by
charter authorizer
; prohibited actions by
district
board; criteria; compliance with state standards; contractual authority.

(a)

Not later than thirty (30) days after receiving an application for any charter school as defined in W.S. 21
‑
3
‑
302, the

district board

charter authorizer
shall hold a public hearing on the application
, at which time the board shall consider

solely to determine
the level of community and parental support for the application if an application for a new charter school, or the level of teacher and parental support if an application for a converted charter school or charter school within a school.
The measure of public support shall be based upon the minimum level necessary for the applicant to successfully initiate and operate the school, as computed in accordance with methodology provided by the department of education.
Following review of the application and the public hearing, if applicable, and in accordance with subsection (d) of this section, the

district board

charter authorizer
shall either approve or deny the application within sixty (60) days of receipt. Approval under this article may be conditioned for purposes specified under subsection (c) of this section. In addition, the

board

charter authorizer
may approve an application for the operation of a converted charter school only if it determines teacher and parental support for the conversion are established at the levels required by W.S. 21
‑
3
‑
306(b).

Prior to approving an application for a charter school under this section, the board shall approve and adopt the content and terms of the contract as provided in W.S. 21
‑
3
‑
307.

(c)

For purposes of contract negotiation, t
he
district board

charter authorizer
shall require the applicant to provide information regarding the proposed operation and potential effects of the school, including but not limited to the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided and a demonstration that the school is adequately insured for liability, including errors and omissions coverage, and that the school district is indemnified to the fullest extent possible. As authorized under subsection (a) of this section, the applicant may request the

district board and the board may

charter authorizer to
approve the charter application subject to specified conditions which provide the applicant sufficient time to acquire necessary funding for securing or otherwise finalizing arrangements for facilities or equipment necessary for the operation of the proposed school. In addition, the

district board may

charter authorizer shall
upon request of the applicant and approval of the charter school application

and in coordination with the school district if the authorizer is the community college commission
, make available for use by the charter school any
district
facility
of the school district in which the charter school is to be located,

which is closed, not operational and otherwise feasible for use as an educational building as defined under W.S. 21
‑
15
‑
109(a)(ii).

(d)

Upon the approval of any application by the
district board

charter authorizer
, the applicant shall provide written notice of that approval including a copy of the application to the state superintendent. If the
district board

charter authorizer
denies the application, the
board

charter authorizer

shall not later than forty-five (45) days following the date of its decision, notify the applicant of the denial in writing together with its reasons for denial.

Within thirty (30) days following receipt of notification of denial, t
he charter applicant may submit a revised application to the charter authorizer for reconsideration
, addressing the
reasons for denial.

21
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3
‑
310.

Appeal; standard of review; procedures.

(a)

A charter applicant or any other person who wishes to appeal a decision of a

district board

charter authorizer
concerning a charter school shall provide the state board and the

district board

charter authorizer
with a notice of appeal within forty-five (45) days after receiving the

local board's

charter authorizer's
written decision and reasons for denial. If the appeal is of a denial
, nonrenewal,
or revocation of a charter, the person bringing the appeal shall limit the grounds of the appeal to the grounds for denial specified by the

district board

charter authorizer
. The notice shall include a brief statement of the reasons the charter school applicant contends the

district board's

charter authorizer's
denial was in error.

(b)

If the notice of appeal, or the motion to review by the state board, relates to a

district board's

charter authorizer's
decision to deny
, refuse to renew,
or revoke a charter or to a

district board's

charter authorizer's
unilateral imposition of conditions that are unacceptable to the charter school or the charter applicant, the appeal and review process shall be as follows:

(i)

Within sixty (60) days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing which shall be held in the school district in which the proposed charter school has applied for a charter, shall review the decision of the
district board

charter authorizer

and make its findings. If the state board finds that the
local board's

charter authorizer's
decision was contrary to the best interests of the pupils, school district or community, the state board shall remand
such

the
decision to the
district board

charter authorizer
with written instructions for reconsideration
.

thereof.

The instructions shall include specific recommendations concerning the matters requiring reconsideration;

(ii)

Within thirty (30) days following the remand of a decision to the
district board

charter authorizer
and after reasonable public notice, the
district board

charter authorizer
, at a public hearing, shall reconsider its decision and make a final decision;

(iii)

If the
district board's
charter authorizer's

final decision is still to deny
, refuse to renew
or revoke a charter or to unilaterally impose conditions unacceptable to the charter school or the charter applicant, a second notice of appeal may be filed with the state board within thirty (30) days following
such
the

final decision;

(iv)

Within thirty (30) days following receipt of the second notice of appeal or the making of a motion for a second review by the state board and after reasonable public notice, the state board, at a public hearing, shall determine whether the final decision of the
district board

charter authorizer

was contrary to the best interests of the pupils, school district or community. If such a finding is made, the state board shall remand the final decision to the
local board

charter authorizer
with instructions to approve the charter application. The decision of the state board may require changes to the contract to be executed by the charter school

and the
school district
.

21
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3
‑
312.

District board to report to state board.

Each district board
The charter authorizer

granting a charter pursuant to this article shall annually report to the state board on each charter school
operating within the district

approved by the authorizer
, compliance with the provisions of the charter
application
and shall assure the state board that students attending the charter school are receiving an education consistent with the educational opportunities available to all students
within the school district

as required by law
.

21
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3
‑
314.

Students counted among district ADM; determination of charter school funding.

(c)

As part of the charter school contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school
, provided the charter school receives the minimum funding amounts and district services specified by this subsection and subsection (d) of this section
.

If the Wyoming community college commission serves as authorizer under this article, it shall ensure minimum funding and service levels are provided by the district to the charter school as required by this section
and s
hall monitor contractual obligations imposed upon the district
.
The charter school and the school district shall begin discussions on the contract using the following revenue assumptions:

(i)

The charter school shall be entitled to
the benefit of

an amount not less than
one hundred percent (100%) of the foundation program amount computed under W.S. 21
‑
13
‑
309(m) based upon the average daily membership of the charter school,

including special weights provided to vocational education program attendance under W.S. 21
‑
13
‑
309(m)(v)(D) and students identified as at-risk in accordance with W.S. 21
‑
13
‑
309(m)(v)(A),
less any district level amounts generated by the charter school's membership under W.S. 21
‑
13
‑
309(m) and less amounts specified under W.S. 21
‑
13
‑
309(m)(v)(E)
;
.

(ii)

The charter school shall be entitled to
the benefit of

an amount not less than
one hundred percent (100%) of the amount to be contributed to the school district under major maintenance payments pursuant to W.S. 21
‑
15
‑
109 based upon the proportion that the charter school educational building gross square footage contributes to the district educational building gross square footage
;
.

(iii)

The charter school shall be entitled to, and the school district shall provide the charter school with, transportation and special education services for which the district is reimbursed under the foundation program pursuant to W.S. 21
‑
13
‑
309(m)(v)(E);

(iv)

The charter school shall be entitled to, and the school district shall provide to the charter school, federally required educational services for which the district receives federal funds through the department of education;

(v)

The charter school shall be entitled to an amount not less than one hundred percent (100%) of the amounts within the foundation program for health insurance as provided by W.S. 21
‑
13
‑
309(m)
(
v)(F).

(d)

The charter school
may also

shall
contract with the school district for
, and the school district shall provide,
centralized services

provided by

for which
the district

receives foundation program funding under W.S. 21
‑
13
‑
309,
including curriculum, media services, libraries and
federally required educational services such as special education

central administrative services
.

(e)

In lieu of paragraph (a)(iv) and subsections (c) and (d) of this section, the district and the charter school applicant may by mutual agreement fund the charter school through a specific budget for the charter school
provided the charter school does not receive less
than
the minimum level of funding or services specified under subsections (c) and (d) of this section
.

21
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18
‑
202.

Powers and duties of the commission.

(h)

In addition to duties prescribed by this section, the commission shall serve as a charter authorizer pursuant to W.S. 21
‑
3
‑
302(a)(iv) and shall perform duties prescribed under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314.

The commission shall
by rule and regulation
establish an application process consistent with the requirements of
W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314
for the effective review of charter school applications and the oversight of charter schools approved by the commission
.
In addition and for purpose
s
of administering this subsection, the commission may assess an administrative fee upon
each
approved charter school of not more than one percent (1%) of state funds received by that school under W.S. 21
‑
3
‑
314.

Section 2.

W.S. 21
‑
3
‑
303
(e)
and
21
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3
‑
304(f) and (m)

are repealed.

Section 3.

One hundred thousand dollars ($100,000.00) is appropriated from the public school foundation program account to the community college commission for initial costs associated with executing requirements and
carrying out additional duties imposed under this act. This appropriation is for the period beginning on the effective date of this section and ending June 30, 2010. From
amounts appropriated under
this
section
, the commission is authorized an additional full-time position.

Section
4
.

Nothing in this act shall apply to or otherwise modify any charter contract entered into and approved prior to July 1, 2009, until such time as that charter contract is materially revised under W.S. 21
‑
3
‑
309 on and after July 1, 2009.

Section
5
.

(
a)

Except as provided by subsection (b) of this section t
his act is effective July 1, 2009.

(b)

Notwithstanding subsection (a) of this section, section 3 of this act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0259