Charter school-appeals.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0340

HOUSE BILL
NO.
HB0123

Charter school-appeals.

Sponsored by:
Representative(s) Wallis, Buchanan and
Edmonds

A BILL

for

AN ACT relating to
charter schools; modifying state board review of district board charter decisions
as specified
;

requiring review of charter school funding during legislative recalibration;
and providing for effective date
s
.

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

Section 1.

W.S. 21
‑
3
‑
308(d) and 21
‑
3
‑
310
(b)(i)
are amended to read:

21
‑
3
‑
308.

Hearing by local board; prohibited actions by local board; criteria; compliance with state standards; state board review; contractual authority.

(d)

Upon the approval of any application by the district board, the applicant shall provide written notice of that approval including a copy of the application to the state superintendent. If the district board denies the application, the board 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.

A decision to deny an application may be appealed pursuant to W.S. 21
‑
3
‑
310.

21
‑
3
‑
310.

Appeal; standard of review; procedures.

(b)

If the notice of appeal, or the motion to review by the state board, relates to a district board's decision to deny, refuse to renew, or revoke a charter or to a district board’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

or in which a charter school is located
, shall review the decision of the district board and make its findings.
If the state board finds that the local board's decision was contrary to the best interests of the pupils, school district or community,
that the district failed to acknowledge that the charter applicant provided a clear and compelling mission, a quality education program, a solid business plan, an effective governance and management structure and evidence of the applicant's capacity to carry out the contract, or that the district failed to provide the charter with sufficient autonomy to serve student needs and to attain higher standards of accountability,
the state board shall remand
such

the
decision to the district board with written instructions
for reconsideration thereof.
The instructions shall include specific recommendations concerning the matters requiring reconsideration;

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
under W.S. 21
‑
3
‑
305.

Section 2.

W.S. 21
‑
3
‑
310(b)(ii) through (iv) is repealed.

Section 3.

The 2010 recalibration of the education resource block grant funding model undertaken by the legislature pursuant to W.S. 21
‑
13
‑
309(t) shall include a review of charter school funding requirements imposed upon school districts under W.S. 21
‑
3
‑
314
to ensure
charter school students
receive
funding
at levels commensurate to other students within the school district for provision of the required statewide educational
program
.

Section 4.

(a)

Except as provided by subsection (b) of this section, this act is effective July 1, 2010.

(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
HB0123