SF0096 - Charter schools-amendments.

 

2001

State of Wyoming

01LSO-0191

 

 

 

SENATE FILE NO.  SF0096

 

 

Charter schools-amendments.

 

Sponsored by:  Senator(s) Devin, Erb, Larson and Scott and
Representative(s) Nagel and Shivler

 

 

A BILL

 

for

 

 1  AN ACT relating to charter schools; establishing an
 2  application process for charter schools as specified;
 3  eliminating petition requirements; establishing a separate
 4  application process for converting existing public schools
 5  into charter schools; providing for conditional approval;
 6  providing for state board review of district board action;
 7  prohibiting certain actions by district boards; clarifying
 8  charter school employee employment status for salary,
 9  benefit and retirement purposes; clarifying application of
10  district major maintenance payments to charter school
11  facilities; restricting foundation program amounts
12  generated by charter school attendance; granting rulemaking
13  authority; and providing for an effective date.

14 

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

16 

 

Page  1

 

 

 

 1         Section 1.  W.S. 21-3-203(a)(intro), (b)(intro) and
 2  (xiii), (e) through (g) and by creating a new subsection
 3  (h), 21-3-205(b), 21-3-207 and 21-15-109(a)(ii) are amended
 4  to read:

 5 

 6         21-3-203.  Application for establishing charter
 7  schools; new charter schools defined; conversion of
 8  existing schools; hearing by local board; prohibited
 9  actions by local board; criteria; compliance with state
10  standards; state board review.

11 

12         (a)  A petition Except as provided under subsection
13  (h) of this section for converting an existing public
14  school to a charter school, any person may apply to the
15  district board of trustees for the establishment of a new
16  charter school within any a school district. may be
17  circulated by any person seeking to establish the charter
18  school. The petition may be submitted to the district board
19  of trustees for review after it has been signed by: As used
20  in this article, "new charter school" means a charter
21  school established within the district which is located in
22  a facility or a portion of a facility which is not
23  currently being operated by the district as a public
24  school.

 

Page  2

 

 

 

 1 

 2         (b)  Not later than thirty (30) days after receiving a
 3  petition submitted an application filed in accordance with
 4  subsection (a) or (h) of this section, the district board
 5  of trustees shall hold a public hearing on the charter
 6  application, at which time the board shall consider the
 7  level of employee community and parental support for the
 8  petition application if an application for a new charter
 9  school, or the level of teacher and parental support if an
10  application for a converted charter school. Following
11  review of the petition application and the public hearing,
12  the governing board shall either grant approve or deny the
13  charter application within sixty (60) days of receipt. of
14  the petition. Approval under this article may be
15  conditioned for purposes specified under subsection (f) of
16  this section. In addition, the board may grant a charter
17  approve an application for the operation of a converted
18  charter school under this article pursuant to subsection
19  (h) of this section only if it determines the petition
20  contains the number of signatures teacher and parental
21  support for the conversion are established at the levels
22  required by paragraph (a)(i) or (ii) subsection (h) of this
23  section., Prior to approving an application for a new or
24  converted charter school, the board shall require and

Page  3

 

 

 

 1  review a statement of each of the conditions described in
 2  subsection (d) of this section and each of the following:

 3  

 4         (xiii)  In accordance with W.S. 21-3-205(b), a
 5  description of the rights of any employee of the school
 6  district upon leaving the commencing employment of the
 7  school district to work in a charter school; and of any
 8  rights upon returning to the school district after
 9  employment at a charter school; and

10 

11         (e)  No district board of trustees or agent of the
12  board shall require any employee of the school district to
13  be employed in a charter school or any pupil enrolled in
14  the school district to attend a charter school. No district
15  board or its agent shall harass, threaten, discipline,
16  discharge, retaliate or in any manner discriminate against
17  any district employee involved directly or indirectly with
18  an application to establish a charter school as authorized
19  under this article.

20 

21         (f)  The district board shall require the petitioner
22  applicant to provide information regarding the proposed
23  operation and potential effects of the school, including
24  but not limited to the facilities to be utilized by the

Page  4

 

 

 

 1  school, the manner in which administrative services of the
 2  school are to be provided and a demonstration that the
 3  school is adequately insured for liability, including
 4  errors and omissions, and that the school district is
 5  indemnified to the fullest extent possible. As authorized
 6  under subsection (b) of this section, the applicant may
 7  request the district board and the board may approve the
 8  charter application subject to specified conditions which
 9  provide the applicant sufficient time to acquire necessary
10  funding for securing or otherwise finalizing arrangements
11  for facilities or equipment necessary for the operation of
12  the proposed school. In addition, the district board shall
13  upon request of the applicant and approval of the charter
14  school application, make available for use by the charter
15  school any district facility which is closed, not
16  operational and otherwise feasible for use as an
17  educational building as defined under W.S.
18  21-15-109(a)(ii).

19 

20         (g)  Upon the approval of any petition application by
21  the district board, the petitioner applicant shall provide
22  written notice of that approval including a copy of the
23  petition application to the state superintendent. If the
24  district board denies the application, the board shall

Page  5

 

 

 

 1  notify the applicant of the denial in writing, together
 2  with its reasons for denial. The applicant may appeal the
 3  final decision of the district board to the state board of
 4  education. Review by the state board shall be based upon
 5  the record before the district board and shall be limited
 6  to determining if the decision of the district board was in
 7  the best interests of the involved students, district or
 8  the community in which the proposed school is to be
 9  located. The decision of the state board is a final
10  administrative decision not subject to judicial review.

11 

12         (h)  Notwithstanding subsection (a) of this section,
13  administrators and teachers employed by the district,
14  parents of students enrolled in the district and any
15  special district advisory group comprised of district
16  residents may apply to the district board of trustees to
17  convert an existing public school operating within the
18  district to a charter school. An application filed under
19  this subsection shall demonstrate the support of not less
20  than fifty percent (50%) of the teachers employed by the
21  district who teach at the school proposed to be converted,
22  and fifty percent (50%) of the parents of all students
23  attending the school proposed to be converted.

24 

 

Page  6

 

 

 

 1         21-3-205.  Compliance with charter; participation in
 2  retirement system; continuous employment of employees for
 3  salary and benefit purposes.

 4 

 5         (b)  Any charter school electing to shall participate
 6  in the Wyoming retirement system shall participate to the
 7  extent as if it were a public school within the district.
 8  The employment of charter school employees shall be
 9  considered continuous with the district during the period
10  of employment with the charter school for purposes of
11  salary, retirement and other benefits.  Charter school
12  employees shall be afforded all benefits provided employees
13  of the district and shall receive credit within the
14  district's salary schedule for the years of service under
15  the charter school.

16 

17         21-3-207.  Students counted within district ADM;
18  district foundation program amount restricted; expenditure
19  and reporting of restricted amounts.

20 

21         (a)  Each student attending a charter school shall be
22  counted among the average daily membership of the district
23  in which the school is located.

24 

 

Page  7

 

 

 

 1         (b)  For any school year during which an application
 2  for a new or converted charter school was approved by a
 3  district board under this article and the charter school
 4  operated in that district, the following shall apply with
 5  respect to the foundation program amount determined for
 6  that district under W.S. 21-13-309:

 7 

 8              (i)  The district shall use an amount not less
 9  than the amount computed under this paragraph solely for
10  the operation of the charter school during the applicable
11  school year:

12 

13                   (A)  The total amount computed under W.S.
14  21-13-309 for the district on a per average daily
15  membership basis for the applicable school year;

16 

17                   (B)  The amount determined under
18  subparagraph (b)(i)(A) of this section times the total
19  average daily membership of the charter school for the
20  applicable school year. For purposes of this subparagraph,
21  the average daily membership for each kindergarten student
22  attending the charter school shall be divided by two (2);

23 

 

Page  8

 

 

 

 1                   (C)  The amount computed under subparagraph
 2  (b)(i)(B) of this section times ninety-five percent (95%).

 3 

 4              (ii)  The district shall not use any of the
 5  foundation program amount computed under this subsection
 6  for purposes other than operating the charter school;

 7 

 8              (iii)  The district shall separately report
 9  expenditures under this subsection to the state department
10  of education in a manner and form required by rule and
11  regulation of the department.

12 

13         21-15-109.  Major building and facility repair and
14  replacement payments; computation; square footage
15  allowance; use of payment funds; accounting and reporting
16  requirements.

17 

18         (a)  As used in this section:

19 

20              (ii)  "Educational building" means a school
21  building or facility primarily used for providing the
22  educational programs offered by a district in compliance
23  with law which is owned by the district or leased by the
24  district, including a school building or facility used for

Page  9

 

 

 

 1  operating a charter school established under W.S. 21-3-201
 2  through 21-3-207;

 3 

 4         Section 2.  W.S. 21-3-203(a)(i) and (ii) and (b)(xi)
 5  is repealed.

 6 

 7         Section 3.  This act is effective July 1, 2001.

 8 

 9                         (END)

 

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