00 HOUSE BILL NO. 93 01 "An Act relating to the authorization, monitoring, and operation of charter schools." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 14.03.250 is amended to read: 04 Sec. 14.03.250. Establishment of charter schools. (a) A charter school may 05 be established as provided under AS 14.03.250 - 14.03.290 upon the approval of an  06 authorizer under AS 14.03.253 [THE LOCAL SCHOOL BOARD] and the state 07 Board of Education and Early Development of an application for a charter school. 08 (b) The department [A LOCAL SCHOOL BOARD] shall prescribe an 09 application procedure for the establishment of a charter school in the state [IN THAT 10 SCHOOL DISTRICT]. The application procedure must include provisions for an  11 authorizer, an academic policy committee consisting of parents of students attending 12 the school, teachers, and school employees, and a proposed form for a contract 13 between a charter school and the authorities [LOCAL SCHOOL BOARD], setting 14 out the contract elements required under AS 14.03.255(c). 15 (c) An authorizer [A LOCAL SCHOOL BOARD] shall forward to the state 01 Board of Education and Early Development applications for a charter school that have 02 been approved or denied by the authorizer [LOCAL BOARD]. 03  * Sec. 2. AS 14.03 is amended by adding a new section to read: 04 Sec. 14.03.253. Authorizer of charter schools; qualifications; duties. (a) 05 The department shall establish a procedure for the approval of authorizers of charter 06 schools. To be approved as an authorizer of charter schools, an applicant shall 07 demonstrate to the satisfaction of the department that the authorizer is 08 (1) a governmental entity, including a governing body of a public 09 school district; 10 (2) a private nonprofit entity that has expertise in education, finance, or 11 administration, or any combination of those areas; or 12 (3) an accredited postsecondary institution. 13 (b) Once approved, an authorizer may be removed or replaced, at the 14 discretion of the department and on adequate notice and an opportunity for hearing, 15 for failure to meet state laws related to approval and monitoring of charter schools or 16 for any other good cause. 17 (c) An authorizer approved under this section shall 18 (1) enter into a contract with the department that describes specified 19 duties, payment terms, and other provisions, consistent with AS 36.30 (State 20 Procurement Code); 21 (2) timely review for approval, renewal, or denial applications 22 submitted to the authorizer by charter schools; 23 (3) prepare and enter into contracts with charter schools as provided 24 under AS 14.03.255(c); 25 (4) monitor the operation of charter schools for compliance with 26 applicable state and federal laws; 27 (5) prepare and transmit records required by the department pertaining 28 to charter schools reviewed or approved by the authorizer; 29 (6) cooperate with local school districts, the department, and public 30 agencies as necessary to ensure compliance with state and federal laws; 31 (7) maintain confidentiality over all education records of a charter 01 school as required by state and federal law. 02 (d) The department shall post on the department's Internet website a list of 03 qualified authorizers approved under this section. 04  * Sec. 3. AS 14.03.255(a) is amended to read: 05 (a) A charter school operates as a school in the local school district except that 06 the charter school (1) is exempt from the local school district's textbook, program, 07 curriculum, and scheduling requirements; (2) is exempt from AS 14.14.130(c); the 08 principal of the charter school shall be selected by the academic policy committee and 09 shall select, appoint, or otherwise supervise employees of the charter school; and (3) 10 operates under the charter school's annual program budget as set out in the contract 11 between the authorizer [LOCAL SCHOOL BOARD] and the charter school under (c) 12 of this section. A local school board may exempt a charter school from other local 13 school district requirements if the exemption is set out in the contract. A charter school 14 is subject to secondary school competency testing as provided in AS 14.03.075 and 15 other competency tests required by the department. 16  * Sec. 4. AS 14.03.255(b) is amended to read: 17 (b) An authorizer [A CHARTER SCHOOL] shall 18 (1) keep financial records of the charter school; 19 (2) oversee the operation of the charter school to ensure that the terms 20 of the contract required by (c) of this section are being met; 21 (3) meet regularly with parents and with teachers of the charter school 22 to review, evaluate, and improve operations of the charter school; and 23 (4) meet with the academic policy committee at least once each year to 24 monitor progress in achieving the committee's policies and goals. 25  * Sec. 5. AS 14.03.255(c) is amended to read: 26 (c) A charter school shall operate under a contract between the charter school 27 and an authorizer approved under AS 14.03.253 [THE LOCAL SCHOOL 28 BOARD]. A contract must contain the following provisions: 29 (1) a description of the educational program; 30 (2) specific levels of achievement for the education program; 31 (3) admission policies and procedures; 01 (4) administrative policies; 02 (5) a statement of the charter school's program budget and funding 03 allocation from the department [LOCAL SCHOOL BOARD] and costs assignable to 04 the charter school program budget; 05 (6) the method by which the charter school will account for receipts 06 and expenditures; 07 (7) the location and description of the facility; 08 (8) the name of the teacher, or teachers, who, by agreement between 09 the charter school and the teacher, will teach in the charter school; 10 (9) the teacher-to-student ratio; 11 (10) the number of students served; 12 (11) the term of the contract, not to exceed a term of 10 years; 13 (12) a termination clause providing that the contract may be terminated 14 by the authorizer or charter school [LOCAL SCHOOL BOARD] for the failure [OF 15 THE CHARTER SCHOOL] to meet educational achievement goals or fiscal 16 management standards, or for other good cause; 17 (13) a statement that the charter school will comply with all state and 18 federal requirements for receipt and use of public money; 19 (14) other requirements or exemptions agreed upon by the charter 20 school and the authorizer [LOCAL SCHOOL BOARD]. 21  * Sec. 6. AS 14.03.260(a) is amended to read: 22 (a) The department, in cooperation with the authorizer, [A LOCAL 23 SCHOOL BOARD] shall provide an approved charter school with an annual program 24 budget. The budget shall be not less than the amount generated by the students 25 enrolled in the charter school less administrative costs to be paid to the authorizer of  26 the school [RETAINED BY THE LOCAL SCHOOL DISTRICT], determined by 27 applying the indirect cost rate approved by the Department of Education and Early 28 Development. The "amount generated by students enrolled in the charter school" is to 29 be determined in the same manner as it would be for a student enrolled in another 30 public school in the [THAT] school district in which the charter school is located.  31 The school district shall timely disburse the entire amount generated by students  01 enrolled in the charter school directly to the charter school, including the local  02 contribution calculated under AS 14.17.410(b)(2) and (c).  03  * Sec. 7. AS 14.03.270(b) is amended to read: 04 (b) All provisions of an existing negotiated agreement or collective bargaining 05 agreement applicable to a teacher or employee of a district apply to that teacher or 06 employee if a teacher employed by the district under a negotiated or collective  07 bargaining agreement is employed at a charter school in that district, unless the 08 district and the bargaining unit representing the teacher or employee agree to an 09 exemption. 10  * Sec. 8. AS 14.03.270 is amended by adding a new subsection to read: 11 (d) A charter school may hire a teacher or other employee who is not subject 12 to a negotiated agreement or collective bargaining agreement. 13  * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 14.03.250 - AS 14.03.270, as amended by this Act, apply to 16 charter school applications for approval or renewal submitted on and after the effective date 17 of this Act.