HB 229: "An Act relating to the establishment and operation of charter schools."
00HOUSE BILL NO. 229 01 "An Act relating to the establishment 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 AS 14.03.250 is repealed and reenacted to read: 04 Sec. 14.03.250. Establishment of charter schools. A charter school may be 05 established as provided under AS 14.03.250 - 14.03.290 when preliminary approval of 06 application for the charter school has been given by 07 (1) a local school board of the school district under AS 14.03.252 and 08 final approval of the application has been given by the state Board of Education; 09 (2) a local charter school board authorized by municipal ordinance 10 under AS 29.35.160(c) or 29.35.260(e) and final approval of the application has been 11 given by the state Board of Education; or 12 (3) the state Board of Charter Schools under AS 14.03.253 and final 13 approval of the application has been given by the state Board of Education; however, 14 an application may not be submitted for preliminary approval under this paragraph
01 unless 02 (A) preliminary approval was denied when the application was 03 first submitted for preliminary approval under AS 14.03.252 or under an 04 ordinance enacted under the authority of AS 29.35.160(c) or 29.35.260(e), as 05 appropriate; or 06 (B) an ordinance establishing a local charter school board has 07 not been enacted under AS 29.35.160(c) or 29.35.260(e), as appropriate, in the 08 district in which the charter school is to be located. 09 * Sec. 2. AS 14.03 is amended by adding new sections to read: 10 Sec. 14.03.252. Preliminary approval by local school board. (a) 11 Preliminary approval of a charter school may be given by a local school board. 12 (b) A local school board shall prescribe an application procedure for the 13 establishment of a charter school in that school district. The application procedure 14 must include provisions for an academic policy committee consisting of parents of 15 students attending the school, teachers, and school employees and a proposed form for 16 a contract between a charter school and the local school board, setting out the contract 17 elements required under AS 14.03.255(c). 18 (c) A local school board shall forward to the state Board of Education an 19 application for a charter school that has been 20 (1) given preliminary approval by the local school board; or 21 (2) denied preliminary approval by the local school board if the 22 applicant appeals the denial under AS 14.03.254(a)(1). 23 (d) When a charter school application is denied under (c)(2) of this section, 24 the reasons for the denial must be set out in writing and specifically identify the 25 reasons for the denial. 26 Sec. 14.03.253. State Board of Charter Schools; preliminary approval of 27 charter schools by board. (a) There is established in the Department of Education 28 the state Board of Charter Schools. The charter school board consists of seven 29 members. The members of the charter school board shall be appointed by the 30 governor from a list of persons nominated by chief school administrators of all charter 31 schools in operation at the time of the making of the appointment and are subject to
01 confirmation by the legislature under AS 39.05.070 - 39.05.200. The charter school 02 board shall annually elect from its members a chair and vice-chair. 03 (b) Board members appointed under (a) of this section serve three-year terms. 04 (c) Board members appointed under (a) of this section are entitled to per diem 05 and travel expenses authorized for boards and commissions under AS 39.20.180. 06 (d) Board members appointed under (a) of this section shall be appointed with 07 due regard to their demonstrated interest in advocating diversity and improvement in 08 the quality of public education. 09 (e) The charter school board shall consider applications for preliminary 10 approval of charter schools submitted by applicants whose charter school applications 11 have been denied preliminary approval under AS 14.03.252 or under an ordinance 12 enacted under the authority of AS 29.35.160(c) or 29.35.260(e), as appropriate, or that 13 are presented to it when an ordinance establishing a local charter school board has not 14 been enacted under AS 29.35.160(c) or 29.35.260(e), as appropriate, in the district in 15 which the charter school is to be located. Preliminary approval of a charter school 16 may be given only by a majority of the members of the charter school board. 17 (f) The charter school board shall prescribe an application procedure for the 18 establishment of a charter school. The application must include the elements specified 19 in AS 14.03.252(b) except that the proposed form of the contract shall be between the 20 charter school and the charter school board. 21 (g) When a charter school application is denied under this section, the reasons 22 for the denial must be set out in writing and specifically identify the reasons for the 23 denial. 24 (h) The charter school board shall forward to the state Board of Education an 25 application for a charter school that has been 26 (1) given preliminary approval by the charter school board; or 27 (2) denied preliminary approval and the applicant appeals the denial 28 under AS 14.03.254(b). 29 (i) The charter school board may conduct meetings by telephone, by 30 teleconference, or by video conference. 31 Sec. 14.03.254. Action on denials. (a) If an application for a charter school
01 is denied under AS 14.03.252 or under an ordinance enacted under authority of 02 AS 29.35.160(c) or 29.35.260(e), the applicant may 03 (1) appeal the denial to the state Board of Education under procedures 04 established by the state Board of Education by regulation; or 05 (2) amend its application and submit the amended application to the 06 state Board of Charter Schools. 07 (b) If an application for a charter school is denied under AS 14.03.253, the 08 applicant may appeal the denial to the state Board of Education under procedures 09 established by the state Board of Education by regulation. 10 * Sec. 3. AS 14.03.255(a) is amended to read: 11 (a) A charter school operates as a school in the local school district in which 12 it is located. However, 13 (1) [EXCEPT THAT] the charter school [(1)] is exempt from the local 14 school district's textbook, program, curriculum, and scheduling requirements; 15 (2) the charter school is exempt from AS 14.14.130(c); the chief 16 school administrator [PRINCIPAL] of the charter school shall be selected by the 17 academic policy committee and shall select, appoint, or otherwise supervise employees 18 of the charter school; [AND] 19 (3) the charter school operates under the charter school's annual 20 program budget as set out in the contract [BETWEEN THE LOCAL SCHOOL 21 BOARD AND THE CHARTER SCHOOL] under (c) of this section; 22 (4) when the charter school operates under a contract with a local 23 school board, the [. A] local school board may exempt the [A] charter school from 24 other local school district requirements if the exemption is set out in the contract; and 25 (5) if there is a conflict between a provision of AS 14.03.250 - 26 14.03.290 or a charter school contract and a provision of another requirement of 27 this title relating to a public elementary or secondary school, the provision of 28 AS 14.03.250 - 14.03.290 or the charter school contract prevails. 29 * Sec. 4. AS 14.03.255(c) is amended to read: 30 (c) A charter school shall operate under a contract between the charter school 31 and the local school board, the state charter school board, or the municipality, as
01 appropriate. A contract must contain the following provisions: 02 (1) description of the charter school's mission, philosophy, and 03 educational program; if the charter school's mission, philosophy, or educational 04 program is modeled after one or more existing schools, the description must 05 include reference to the schools and their philosophies; 06 (2) [SPECIFIC LEVELS OF ACHIEVEMENT] for the education 07 program, 08 (A) specific goals for the education of students at each grade 09 level, and the expected levels of achievement at each grade level; and 10 (B) the tests or methods of assessment to be applied to 11 determine students' performance when compared to the goals for the 12 education of the students at each grade level; 13 (3) admission policies and procedures; 14 (4) administrative policies; 15 (5) statement of the charter school's funding allocation from the local 16 school board and costs assignable to the charter school program budget; 17 (6) method by which the charter school will account for receipts and 18 expenditures; 19 (7) location and description of the facility; 20 (8) name of the teacher, or teachers, who, by agreement between the 21 charter school and the teacher, will teach in the charter school; 22 (9) teacher-to-student ratio; 23 (10) number of students served; 24 (11) the term of the contract, not to exceed a term of five years; 25 (12) a termination clause providing that the contract may be terminated 26 by the local school board, the state charter school board, or the municipality for 27 the failure of the charter school to meet educational achievement goals or fiscal 28 management standards, or for other good cause; 29 (13) a statement that the charter school will comply with all state and 30 federal requirements for receipt and use of public money; 31 (14) other requirements or exemptions agreed upon by the charter
01 school and the local school board, the state charter school board, or the 02 municipality. 03 * Sec. 5. AS 14.03.255 is amended by adding new subsections to read: 04 (e) In a contract entered into under (c) of this section, the local school board, 05 the state charter school board, or the municipality, as appropriate, may not require the 06 chief school administrator of the charter school to hold a valid administrative 07 certificate with sufficient endorsements for the person to qualify as an administrator 08 under a regulation adopted under authority of AS 14.07.060 and AS 14.20.020. 09 (f) In a contract entered into under (c) of this section, a teacher employed in 10 the school shall hold a valid teaching certificate under AS 14.20.010 - 14.20.040, but 11 the local school board, state charter school board, or the contract of the municipality, 12 as appropriate, may not otherwise limit the chief school administrator of the charter 13 school in the hire of any person who holds a valid teaching certificate. 14 * Sec. 6. AS 14.03.265(b) is amended to read: 15 (b) A charter school shall enroll all eligible students strictly in accordance 16 with the order of their application. If [WHO SUBMIT A TIMELY APPLICATION, 17 UNLESS] the number of [THOSE] applications exceeds the capacity of the program, 18 class, grade level, or building [. IN THE EVENT OF AN EXCESS OF THOSE 19 APPLICATIONS], the charter school and the local school board shall attempt to 20 accommodate all [OF THOSE] applicants by considering providing additional 21 classroom space. However, if [AND ASSIGNING ADDITIONAL TEACHERS 22 FROM THE DISTRICT TO THE CHARTER SCHOOL. IF] it is not possible to 23 accommodate all eligible students who submit an [A TIMELY] application by 24 providing additional classroom space, the [,] students shall be accepted strictly in 25 accordance with the order of their application, as the capacity of the charter 26 school permits [BY RANDOM DRAWING]. A school board may not require a 27 student to attend a charter school. 28 * Sec. 7. AS 14.03.270(b) is amended to read: 29 (b) All provisions of an existing negotiated agreement or collective bargaining 30 agreement applicable to a teacher or employee of a district apply to that teacher or 31 employee if employed at a charter school in that district, unless exception is otherwise
01 explicitly provided in AS 14.03.250 - 14.03.290 or unless [THE DISTRICT AND] 02 the bargaining unit representing the teacher or employee agrees [AGREE] to an 03 exemption. 04 * Sec. 8. AS 14.03.275 is amended to read: 05 Sec. 14.03.275. Contracts; duration. A contract for a charter school may be 06 for a term of no more than five years and may not extend beyond July 1, 2015 [2005]. 07 * Sec. 9. AS 14.03.275 is amended by adding a new subsection to read: 08 (b) If, at the end of the five-year term, a charter school has met or exceeded 09 specific levels of achievement for its educational program set out in the contract 10 entered into under AS 14.03.255, the contract shall be extended for an additional five- 11 year period between the parties to the original contract. 12 * Sec. 10. AS 14.03.280 is amended to read: 13 Sec. 14.03.280. Regulations. The state Board of Education may adopt 14 regulations under AS 44.62 (Administrative Procedure Act) necessary to implement 15 AS 14.03.250 - 14.03.290. The regulations may not limit the number of charter 16 schools that may operate within the state. 17 * Sec. 11. AS 14.03.290(6) is amended to read: 18 (6) "teacher" means a person who is employed in [SERVES] a school 19 district in a [TEACHING, COUNSELING, OR ADMINISTRATIVE] capacity for 20 which the person has primary responsibility to plan, instruct, and evaluate 21 learning of elementary or secondary school students in the classroom or an 22 equivalent setting, for which a valid teacher certificate is required by 23 AS 14.20.010 or for which a limited certificate may be issued under AS 14.20.025 24 [AND IS REQUIRED TO BE CERTIFICATED IN ORDER TO HOLD THE 25 POSITION]. 26 * Sec. 12. AS 14.03.290 is amended by adding a new paragraph to read: 27 (7) "charter school board" means the state Board of Charter Schools 28 established under AS 14.03.253. 29 * Sec. 13. AS 29.35.160 is amended by adding a new subsection to read: 30 (c) A borough that constitutes a borough school district may, by ordinance, 31 provide for preliminary approval of charter schools through a borough charter school
01 board. The ordinance approved under this subsection must impose on the borough 02 charter school board the same requirements imposed on a local school board under 03 AS 14.03.252(b) - (d) except that the proposed form of the contract shall be between 04 the charter school and the borough assembly. 05 * Sec. 14. AS 29.35.260 is amended by adding a new subsection to read: 06 (e) A city that constitutes a city school district may, by ordinance, provide for 07 preliminary approval of charter schools through a city charter school board. The 08 ordinance approved under this subsection must impose on the city charter school board 09 the same requirements imposed on a local school board under AS 14.03.252(b) - (d) 10 except that the proposed form of the contract shall be between the charter school and 11 the city council. 12 * Sec. 15. Section 9, ch. 77, SLA 1995, is repealed. 13 * Sec. 16. AS 14.03.250, 14.03.252, 14.03.253, 14.03.254, 14.03.255, 14.03.260, 14.03.265, 14 14.03.270, 14.03.275, 14.03.280, 14.03.290, AS 29.35.160(c), and 29.35.260(e) are repealed 15 July 1, 2015. 16 * Sec. 17. APPOINTMENT OF INITIAL MEMBERS OF STATE BOARD OF CHARTER 17 SCHOOLS. (a) The governor shall appoint the first members of the state Board of Charter 18 Schools under AS 14.03.253 as follows: 19 (1) two members shall be appointed for one-year terms; 20 (2) two members shall be appointed for two-year terms; 21 (3) three members shall be appointed for three-year terms; 22 (b) The governor shall make the appointments required by AS 14.03.253 and (a) of 23 this section within 30 days of the effective date of this Act. 24 (c) Notwithstanding AS 14.03.253(a), in making appointments under this section, the 25 governor is not required to select appointees from a list of persons nominated by chief school 26 administrators of all charter schools in operation on the effective date of this Act, but the 27 members appointed are subject to legislative confirmation under AS 39.05.070 - 39.05.200.