§ 6-23-306 - Contents of open-enrollment public charters.
6-23-306. Contents of open-enrollment public charters.
An open-enrollment public charter granted under this subchapter shall:
(1) Describe the educational program to be offered;
(2) Specify the period for which the open-enrollment public charter or any renewal is valid;
(3) Provide that the continuation or renewal of the open-enrollment public charter is contingent on acceptable student performance on assessment instruments adopted by the State Board of Education and on compliance with any accountability provision specified by the open-enrollment public charter, by a deadline, or at intervals specified by the open-enrollment public charter;
(4) Establish the level of student performance that is considered acceptable for purposes of subdivision (3) of this section;
(5) Specify any basis, in addition to a basis specified by this chapter, on which the open-enrollment public charter school may be placed on probation or its charter is revoked or on which renewal of the open-enrollment public charter may be denied;
(6) (A) Prohibit discrimination in admissions policy on the basis of gender, national origin, race, ethnicity, religion, disability, or academic or athletic eligibility, except as follows:
(i) The open-enrollment public charter school may adopt admissions policies that are consistent with federal law, regulations, or guidelines applicable to charter schools;
(ii) The open-enrollment public charter school may allow a weighted lottery to be used in the student selection process when necessary to comply with Title VI of the federal Civil Rights Act of 1964, Title IX of the federal Education Amendments of 1972, the equal protection clause of the Fourteenth Amendment to the United States Constitution, a court order, or a federal or state law requiring desegregation; and
(iii) The open-enrollment public charter may provide for the exclusion of a student who has been expelled from another public school district in accordance with this title;
(7) Specify the grade levels to be offered;
(8) Describe the governing structure of the program;
(9) Specify the qualifications to be met by professional employees of the program;
(10) Describe the process by which the persons providing the program will adopt an annual budget;
(11) Describe the manner in which the annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the persons providing the program will provide information necessary for the public school district in which the program is located to participate;
(12) Describe the facilities to be used, including the terms of the facility utilization agreement if the facility for the open-enrollment public charter school is owned or leased from a sectarian organization;
(13) Describe the geographical area, public school district, or school attendance area to be served by the program;
(14) (A) Specify methods for applying for admission, enrollment criteria, and student recruitment and selection processes.
(B) (i) Except as provided in subdivision (14)(C) of this section, if more eligible students apply for a first-time admission than the open-enrollment public charter school is able to accept, the open-enrollment public charter must require the open-enrollment public charter school to use a random, anonymous student selection method that shall be described in the charter application.
(ii) However, an open-enrollment public charter school may allow a preference for:
(a) (1) Children of the founding members of the eligible entity.
(2) The number of enrollment preferences granted to children of founding members shall not exceed ten percent (10%) of the total number of students enrolled in the open-enrollment public charter school; and
(b) Siblings of students currently enrolled in the open-enrollment public charter school.
(C) The open-enrollment public charter may allow use of a weighted lottery in the student selection process when necessary to comply with Title VI of the federal Civil Rights Act of 1964, Title IX of the federal Education Amendments of 1972, the equal protection clause of the Fourteenth Amendment to the United States Constitution, a court order, or a federal or state law requiring desegregation, as permitted by the Charter Schools Program, Title V, Part B, Non-Regulatory Guidance of the United States Department of Education, July, 2004; and
(15) Include a statement that the eligible entity will not discriminate on the basis of race, sex, national origin, ethnicity, religion, age, or disability in employment decisions, including hiring and retention of administrators, teachers, and other employees whose salaries or benefits are derived from any public moneys.