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CSHB 191(FIN): "An Act relating to charter schools."

00CS FOR HOUSE BILL NO. 191(FIN) 01 "An Act relating to charter schools." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.03.250(a) is amended to read: 04  (a) A charter school may be established as provided under AS 14.03.250 - 05 14.03.290 upon the approval of the local school board and the state Board of 06 Education of an application for a charter school. The state Board of Education may 07 not approve more than 60 [30] charter schools to operate in the state at any one time 08 [AND SHALL APPROVE CHARTER SCHOOLS IN A GEOGRAPHICALLY 09 BALANCED MANNER AS FOLLOWS: NOT MORE THAN 10 SCHOOLS IN 10 ANCHORAGE; NOT MORE THAN FIVE SCHOOLS IN FAIRBANKS; NOT MORE 11 THAN THREE SCHOOLS IN THE MATANUSKA-SUSITNA BOROUGH; NOT 12 MORE THAN THREE SCHOOLS IN THE KENAI PENINSULA BOROUGH; NOT 13 MORE THAN TWO SCHOOLS IN THE CITY AND BOROUGH OF JUNEAU; NOT 14 MORE THAN SEVEN SCHOOLS LOCATED IN OTHER AREAS OF THE STATE,

01 AND THESE SEVEN SCHOOLS SHALL BE ALLOCATED AS NEARLY 02 AS POSSIBLE IN A GEOGRAPHICALLY BALANCED MANNER THROUGHOUT 03 THE REST OF THE STATE]. 04 * Sec. 2. AS 14.03.255(c) is amended to read: 05  (c) A charter school shall operate under a contract between the charter school 06 and the local school board. A contract must contain the following provisions: 07  (1) a description of the educational program; 08  (2) specific levels of achievement for the education program; 09  (3) admission policies and procedures; 10  (4) administrative policies; 11  (5) a statement of the charter school's funding allocation from the local 12 school board , including the itemized costs of administrative or other services to be 13 provided [AND COSTS ASSIGNABLE] to the charter school [PROGRAM 14 BUDGET]; 15  (6) the method by which the charter school will account for receipts 16 and expenditures; 17  (7) the location and description of the facility; 18  (8) the name of the teacher, or teachers, who, by agreement between 19 the charter school and the teacher, will teach in the charter school; 20  (9) the teacher-to-student ratio; 21  (10) the number of students served; 22  (11) the term of the contract, not to exceed a term of 10 [FIVE] years; 23  (12) a termination clause providing that the contract may be terminated 24 by the local school board for the failure of the charter school to meet educational 25 achievement goals or fiscal management standards, or for other good cause; 26  (13) a statement that the charter school will comply with all state and 27 federal requirements for receipt and use of public money; 28  (14) other requirements or exemptions agreed upon by the charter 29 school and the local school board. 30 * Sec. 3. AS 14.03.255(d) is amended to read: 31  (d) A charter school may be operated in an existing school district facility or

01 in a facility within the school district that is not currently being used as a public 02 school, if the chief school administrator determines the facility meets requirements for 03 health and safety applicable to public buildings or other public schools in the district. 04 * Sec. 4. AS 14.03.260(a) is amended to read: 05  (a) A local school board shall provide an approved charter school with an 06 annual program budget. The budget shall be not less than the basic need for the 07 charter school as determined under AS 14.17.410(b)(1) and must reflect the 08 itemization and per student value required under (e) of this section [AMOUNT 09 GENERATED BY THE STUDENTS ENROLLED IN THE CHARTER SCHOOL 10 LESS ADMINISTRATIVE COSTS RETAINED BY THE LOCAL SCHOOL 11 DISTRICT, DETERMINED BY APPLYING THE INDIRECT COST RATE 12 APPROVED BY THE DEPARTMENT OF EDUCATION AND EARLY 13 DEVELOPMENT. THE "AMOUNT GENERATED BY STUDENTS ENROLLED IN 14 THE CHARTER SCHOOL" IS TO BE DETERMINED IN THE SAME MANNER 15 AS IT WOULD BE FOR A STUDENT ENROLLED IN ANOTHER PUBLIC 16 SCHOOL IN THAT SCHOOL DISTRICT]. 17 * Sec. 5. AS 14.03.260 is amended by adding new subsections to read: 18  (e) A school district that intends to charge a charter school for services 19 provided shall itemize those services, and the cost of the itemized services shall be 20 separately identified. The portion of costs attributed to a charter school by the district 21 shall conform to the cost principles as described in United States Office of 22 Management and Budget Circular A-87 or conform to a cost allocation method 23 mutually agreed to by the school district and the charter school. In addition to 24 administration, services with benefits that are inseparable between the charter school 25 and the school district, services provided by a local school district may include audio- 26 visual services, curriculum, staff development and training, special needs and intensive 27 services, transportation, procurement, facility rental, and other services that are agreed to 28 between the local school district and the charter school. Except for services for 29 administration, services with benefits that are inseparable between the charter school and the 30 school district, or other services required by law, a charter school and a school district may 31 agree, as a provision of the contract between the charter school and the school district, to

01 specify those services provided by the school district that are not to be provided to the charter 02 school. 03  (f) In addition to the amount provided to an approved charter school in the 04 annual program budget under (a) of this section, a charter school budget must include 05 an allocation equal to the amount determined by dividing the amount of local revenues 06 contributed under AS 14.17.410(c) by the average daily membership of the district and 07 multiplying that number by the average daily membership of the charter school. 08 * Sec. 6. AS 14.03.275 is amended to read: 09  Sec. 14.03.275. Contracts; duration. A contract for a charter school may be 10 for a term of no more than 10 [FIVE] years [AND MAY NOT EXTEND BEYOND 11 JULY 1, 2005]. 12 * Sec. 7. Section 9, ch. 77, SLA 1995, is repealed.