Education-charter schools.

2015
STATE OF WYOMING
15LSO-0097
Numbered
2.1

HOUSE BILL

NO.

HB0101

Education-charter schools.

Sponsored by:
Representative(s) Wilson, Eklund and Freeman and Senator(s) Emerich and Pappas

A BILL

for

AN ACT relating to charter schools; authorizing the community college commission to oversee and approve the operation of charter schools; requiring training; eliminating school district approval of the operation of charter schools; creating an application fee; providing transition for existing charter schools; providing an appropriation; and providing effective dates.

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

Section 1
.

W.S. 21
‑
3
‑
110(a)(x)(A)(I), 21
‑
3
‑
302(a) by creating new paragraphs (iii)
through
(v) and
by renumbering
(iii) through (vi)
as (vi) through (ix), 2
1
‑
3
‑
303(a) and (d), 21
‑
3
‑
304(b), (d), (f), (g), (n) and (o), 21
‑
3
‑
305(a), (c) through (e), 21
‑
3
‑
306(a), (b) and by
creating new
subsections
(d) and (e), 21
‑
3
‑
307(a)(intro)
,
(
i
), (viii), (xi), (xiv)
,
(xxi), (b)
,
(d) and by creating
a
new subsection (e), 21
‑
3
‑
308(a), (c), (d), (e)(v) and (g), 21
‑
3
‑
309(a), (b), (c)(intro)
,
(ii), (d) and (e), 21
‑
3
‑
310, 21
‑
3
‑
312, 21
‑
3
‑
314(c)
(intro)
,
and
21
‑
18
‑
202(c) by creating a new paragraph (ix) are amended to read:

21
‑
3
‑
110
.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(x)

Subject to review by the school facilities department under W.S. 21
‑
15
‑
115 for any project involving state capital construction assistance, fix the site of each school building and facility considering the needs of the people of each portion of the district. If the district enters into an agreement to lease buildings and facilities owned by the district and the buildings and facilities are included within the statewide database maintained by the school facilities department under W.S. 21
‑
15
‑
123(f)(iv), the district shall, except as provided under W.S. 21
‑
15
‑
109(c)(
i
)(A)(II) and (III) and (B), ensure the lease
agreement requires sufficient payment from the lessee to cover expenses necessary to adequately maintain the facility or building in accordance with statewide adequacy standards prescribed by the commission. If the district enters into an agreement to lease buildings and facilities under which the district is the lessee and the building is to be used for the provision of the required educational program within the district, the lease agreement shall require the lessor to adequately maintain the buildings and facilities in accordance with standards prescribed by the commission. The district shall be reimbursed for the lease payment if the square footage of the leased facility is not included within the district
'
s total square footage for purposes of major maintenance computations under W.S. 21
‑
15
‑
109, subject to the following:

(A)

If the lease payment is for educational facilities used in the actual operation of a charter school, the school facilities department shall pay the district the contract amount approved by the department for the lease payment by the charter school if:

(I)

The
charter is approved
by the district

under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314;

21
‑
3
‑
302
.

Definitions.

(a)

As used in this article:

(iii)

"
Charter school applicant
"
means any person or an organization who applies to the charter authorizer to establish a charter school;

(iv)

"
Charter authorizer
"
means the Wyoming community college commission;

(v)

"
Commission
"
means the Wyoming community college commission appointed pursuant to W.S. 21
‑
18
‑
201;

(iii)
(vi)

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

(iv)
(v
ii)

"
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)
(viii
)

"
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)
(
i
x)

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

21
‑
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
charter authorizer
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
.

21
‑
3
‑
304
.

Charter school; requirements; authority.

(b)

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

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.

(f)

Notwithstanding the provisions of this article to the contrary, a charter school and the
school district
charter authorizer
may agree to extend the length of the charter beyond five (5) years for the purpose of enhancing the terms of any lease or financial obligation.

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

(n)

All decisions regarding the planning, siting and inspection of charter school facilities shall be made in accordance with law and as specified by contract with the
district board
charter authorizer
.

(o)

The school district
in which the approved charter school is located
shall be the owner of all records of the charter school, including student, staff and public affairs records of charter school operations. Upon closure of the charter school, all charter school records shall be promptly delivered to the school district.

21
‑
3
‑
305
.

Charter schools; contract contents; regulations.

(a)

An approved charter application shall serve as the basis for a contract between the charter school and the
school district
charter authorizer
.

(c)

The contract between the charter school and the
school district
charter authorizer
shall reflect all approved requests for release of the charter school from state statutes and regulations. Within ten (10) days after the contract is approved by the
school district
charter authorizer
, any request for release from state statutes and regulations shall be delivered by the
school district
charter school applicant
to the state board
and a copy of the request shall be provided to the school district in which the approved charter school is located
. Within forty
‑
five (45) days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the
school district
charter authorizer
and the charter school of its decision. If the state board denies the request, it shall notify the
school district
charter authorizer
and the charter school in writing that the request is denied and specify the reasons for denial. If the
school district
charter authorizer
and the charter school do not receive notice of the state board
'
s decision within forty
‑
five (45) days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for
release that includes multiple state statutes or regulations, the denial shall specify the state statutes and regulations for which the release is denied, and the denial shall apply only to those state statutes and regulations so specified.

(d)

A material revision of the terms of the contract shall be made only with the approval of the
school district
charter authorizer
and the governing body of the charter school.

(e)

The contract between the charter school and the
school district
charter authorizer
shall provide that upon closure of the charter school any charter school assets purchased with public funds shall become the property of the school district
in which the charter school is located
.

21
‑
3
‑
306
.

Application for establishing charter schools; conversion of existing schools.

(a)

Any person
or organization
may apply to the
district board
charter authorizer
for the establishment of
a new charter school or a charter school within a school to be located within
the
a
school district.

(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
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.

(d)

Prior to submission of a charter school application, the applicant shall meet with the superintendent of the school district in which the charter school proposes to locate to discuss the contents of the application and any possible coordination between the applicant and the district for services. The application shall include an attestation signed by the applicant and
the superintendent summarizing the topics discussed which at a minimum shall include the allocation of financial resources under W.S. 21
‑
3
‑
314, student transportation, special education services and educational facilities.

(e)

An applicant shall submit the application to the charter authorizer and a copy of the application to the superintendent and board of trustees of the school district in which the charter school proposes to operate.

21
‑
3
‑
307
.

Charter application; contents; phased
‑
in application process.

(a)

The charter school application shall be a proposed agreement, shall be on a form prescribed by the
state superintendent
charter authorizer
pursuant to subsection (d) of this section, and shall include:

(
i
)

A description of the educational program of the school, designed to identify those whom the school is attempting to educate, what it means to be an educated person in the twenty
‑
first century and how learning best occurs. The goals identified in that program shall include
the objective of enabling pupils to become self
‑
motivated, competent and lifelong learners
. The description shall identify the innovative programs and instructional methods to be utilized and shall describe how the programs and instructional methods differ from programs administered by the school district in which the applicant proposes to operate. The description shall specifically include alternative schools, magnet programs and dual enrollment programs that may be operated by the school district
;

(viii)

The manner in which an annual audit of the financial and programmatic operations of the school, including any services provided by
the
a
school district, is to be conducted;

(xi)

A description of the rights of any employee of
the
a
school district
upon
leaving the employment of
the

a
school district to work in a charter school
;
and of any rights upon returning to
the school
district after employment at a charter school;

(xiv)

Evidence that the plan for the charter school is economically sound
;
for both the charter school

and the school district;

(xxi)

In accordance with this article, a description of the rights of any employee of
the
a
school district upon commencing employment in a charter school; and

(b)

Upon submission of an application under W.S. 21
‑
3
‑
307(
a), the
superintendent of the school district
charter authorizer
shall notify the applicant within thirty (30) days of submission whether the application is complete. If the
district superintendent
charter authorizer
determines that the application is incomplete, the
superintendent
charter authorizer
shall advise the applicant of the reasons for the determination in sufficient detail for the applicant to make changes for resubmission of the application to the
district superintendent
charter authorizer
.

(d)

The
state superintendent
charter authorizer
shall through rule and regulation prescribe a uniform charter
school application and renewal application form to be used by each
district and
charter school applicant for purposes of this article, and shall establish charter school application review procedures, including timelines for application components specified under subsection (a) of this section. The phased application process prescribed by
state superintendent
charter authorizer
rule and regulation may provide a process for mediation of disputes concerning completeness of an application between the applicant and
school district
the charter authorizer
, which would be subject to W.S. 1
‑
43
‑
101 through 1
‑
43
‑
104, would allow either party to initiate mediation and would impose costs of mediation equally upon both parties. Any mediation process prescribed by rule shall specify professional requirements for the impartial third party facilitating mediation. If either party refuses to mediate, the dispute may be appealed to the state board as provided in W.S. 21
‑
3
‑
310.

(e)

The charter authorizer shall prescribe by rule and regulation an application fee in an amount not to exceed
five thousand
dollars ($5
0
00.00) that, to the extent practicable, generates
a total
revenue from the fees
collected that approximates but does not exceed the direct and indirect costs of administering the regulatory provisions required under this article. Any fees collected pursuant to this subsection shall be deposited into the
school foundation program account
.

21
‑
3
‑
308
.

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

(a)

Not later than thirty (30) days after receiving an application for any charter school which has been determined to be complete pursuant to W.S. 21
‑
3
‑
307(b), the
district board
charter authorizer
shall hold a public hearing on the application
in the school district in which the applicant proposes to operate
, at which time the
board

charter authorizer
shall consider 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 public hearing shall include the opportunity for comment by the superintendent and the board of trustees of the school
district in which the applicant proposes to operate.
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
charter authorizer
shall approve and adopt the content and terms of the contract as provided in W.S. 21
‑
3
‑
307.

(c)

The
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
charter authorizer
and the
board
charter authorizer
may 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
a school
district board may upon request of the applicant and approval of the charter school application
by the charter authorizer
, make available for use by the charter school any district facility 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
and the superintendent and board of trustees of the school district
in which the applicant proposes to operate
. 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.

(e)

A charter school may contract for the provision of services and property subject to the following:

(v)

With the consent of
the
a
school district, the charter school may delegate the authority to negotiate the contract or execute the contract, or both, to
the
a
school district.

(g)

Charter schools shall
at minimum
meet the state uniform educational program standards imposed upon public schools by W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and the uniform state student content and performance standards prescribed by the state board of education under W.S. 21
‑
2
‑
304, including compliance with requirements under the statewide assessment system pursuant to W.S. 21
‑
2
‑
304(
a)(v).

21
‑
3
‑
309
.

Length of operation under charter; renewal; revocation.

(a)

A charter may be granted pursuant to this article for a period not to exceed five (5) years and may be renewed for successive periods not to exceed five (5) years for each renewal period. A material revision of the provisions of a charter petition may be made only with the approval of the
local board
charter authorizer
granting the charter.

(b)

A charter school renewal application submitted to the
school district
charter authorizer
shall be on a form prescribed by the
state superintendent
charter authorizer
pursuant to W.S. 21
‑
3
‑
307(
d) and shall contain:

(
i
)

A report on the progress of the charter school in achieving the goals, objectives, pupil performance standards, content standards and other terms of the initial approved charter application
. The report shall include the demographics of the student population, student performance information on the statewide assessment and
information related to the success or failure of the innovative programs or instructional methods utilized
; and

(ii)

A financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public and that will allow comparison of such costs to other schools or other comparable organizations, in a format required by the
state board
charter authorizer
.

(c)

A charter may be revoked or not renewed by the
district board
charter authorizer
if the
board
charter authorizer
determines that the charter school did any of the following:

(ii)

Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards
or failed to administer the innovative programs or instructional methods
identified in the charter application;

(d)

A charter shall not be renewed upon a determination by the
district board
charter authorizer
that
it is not in the interest of the pupils residing within the school district to continue the operation of the charter school.

(e)

If
a district board
the charter authorizer
revokes or does not renew a charter, the
board
charter authorizer
shall state its reasons for the revocation or nonrenewal.

21
‑
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
the 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 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 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
charter authorizer
.

21
‑
3
‑
312
.

Authorizer to report to state board.

Each district board granting a charter pursuant to this article
The charter authorizer
shall annually report to the state board on each charter school
operating within the district,
authorized regarding
compliance with the provisions of the charter

and outcomes of innovative programs and instructional methods
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.

21
‑
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
identify
any services to be provided by the school district to the charter school
and the allocation of resources between a school district and the charter school for funding generated by the education resource block grant model for the students attending the charter school
. The charter school and the school district shall begin discussions on the
contract
funding allocation
using the following revenue assumptions:

21
‑
18
‑
202
.

Powers and duties of the commission.

(c)

The commission shall perform the following administrative functions:

(ix)

Serve as the charter authorizer and perform the duties required under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314. In administration of these duties, every member of the commission shall receive at least four (4) hours of
professional development training during every term served on the best practices for charter school
operation,
subjects may include charte
r school finance and governance.

Section 2
.

W.S. 21
‑
3
‑
305(
b)

and 21
‑
3
‑
307(c) are repealed.

Section 3.

(a)

Notwithstanding sections 1 and 2 of this act, charter schools approved prior to the effective date of this act shall continue to operate under the oversight of the authorizing school district until such time as a renewal application is required. Upon the requirement of renewal, the charter school shall submit the renewal application in accordance with the Wyoming community college commission
'
s rules and regulations and the commission shall make a determination in accordance with this act regarding the renewal of the charter school application.

(b)

Upon the effective date of this act, all charter
school
applicants shall comply with the provisions of this
act and submit the application to the commission for review and possible approval as prescribed by this act.

Section 4.

(a)

There is appropriated fifty thousand dollars ($50,000
.00
) from the school foundation program account to the Wyoming community college commission. This appropriation shall be f
or the period beginning
July 1, 2015 and ending June 30, 2016. This appropriation shall only be expended for the purpose of administering the provisions of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2016. This appropriation shall not be included in the community college commission
'
s 2017
‑
2018 standard biennial budget request.

(b)

Rules and regulations of the commission shall be promulgated in sufficient time to enable implementa
tio
n of this act by July 1, 2015
.

Section 5
.

(a)

Except as provided in subsection (b) of this section t
his act is effective
July 1, 2015
.

(b)

Notwithstanding subsection (b) of this section,
Section 4
(b)
of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of this Wyoming Constitution
.

(END)

1
HB0101