72-1906. Petition for establishment; design and contents; receipt, review and screening; preparation and submission; charter elements and requirements; public hearing; duties of state board; approval
72-1906
72-1906. Petition for establishment; design andcontents; receipt, reviewand screening; preparation and submission; charter elements and requirements;public hearing; duties of state board; approval or disapproval ofpetition; waiver of policies, rules andregulations.(a) The state board of education shall design and prescribethe format of a petition for establishment of charter schools. The petitionshall be designed in a manner that will provide for inclusion of a descriptionof the key elements of the charter under which the school will be operated.The board of education of a school district may adopt policies and proceduresfor receiving, reviewing and screening petitions.
(b) A petition for the establishment of a charter school may be preparedand submitted to the board of education of a school district by or on behalf ofa school building or school district employees group, an educational servicescontractor, or any other person or entity.Any such petition shall be submitted by not later than December 1 of theschool year preceding the school year in which the charter school is proposedto be established.
(c) The board of education of a school district shall receive and revieweach petition for establishment or continuation of a charter school and maygrant or renew a charter for operation of the school. The charter must containthe following key elements:
(1) A description of the educational program of the school, including thefacilities that will be used to house the program;
(2) a description of the level of interest and support on the part ofschool district employees, parents, and the community;
(3) specification of program goals and the measurable pupil outcomesconsonant with achieving the goals;
(4) explanation of how pupil performance in achieving the specified outcomeswill be measured, evaluated, and reported;
(5) the governance structure of the school, including the means of ensuringaccountability to the board of education;
(6) a description of qualifications to be met by persons employed by thedistrict for assignment to the charter school;
(7) procedures that will be followed to ensure the health and safety ofpupils and staff;
(8) criteria for admission of pupils, including a description of the lotterymethod to be used if too many pupils seek enrollment in the school;
(9) manner in which annual financial and program audits will be conducted;
(10) pupil suspension and expulsion policies, to the extent there isdeviation from districtwide policies;
(11) manner of pupil participation in the Kansas assessment program;
(12) terms and conditions of employment in the charter school;
(13) specification of the manner in which contracts of employment andstatus of certificated employees of the district who participate in theoperation of the school will be dealt with upon nonrenewal or revocation of thecharter or upon a decision by any such employees to discontinue participationin the operation of the school;
(14) identification of school district policies and stateboard of educationrules and regulations from which waiver issoughtin order to facilitateoperation of the school and explanation of the reasons such waivers are beingrequested;
(15) the proposed school budget, including an estimate of federal fundstherefor and how such funds will be utilized; and
(16) a description of how the budget will be funded if federal funds are notavailable.
(d) In addition to satisfying a board of education with regard to the keyelements contained in the charter, a charter school must comply with thefollowing requirements in order to qualify for establishment or continuation:
(1) The school must be focused on outcomes or resultsand must participate in the quality performance accreditation processunless a specific request documenting the reasons for deviation fromthe process is submitted to and approved by the board of education and thestate board of education;
(2) pupils in attendance at the school must be reasonably reflective of theracial and socio-economic composition of the school district as a whole;
(3) pupils may not be charged tuition; and
(4) compliance with applicable health, safety, and access laws must beassured.
(e) If, upon receipt of a petition for establishment or continuation of acharter school, a board of education finds the petition to be incomplete, theboard may request the necessary information from the petitioner. Afterreceiving a satisfactory petition, the board of education shall give notice ofthe time, date and place for the holding of a public hearing on the petitionand shallrule on the petition within 30 days after the public hearing is held.
(1) If the board does not approve the petition, the board shall send anotification of denial to the petitioner and shall specifyinwriting the reasons therefor.A copy of such notification also shall be sent to the state board of education.Within 30 days from the date of the notification of denial, the petition maysubmit a request to the board of education for reconsideration of the petitionand may submit an amended petition therewith. The board shall act on suchrequest within 30 days of receipt of the request.
(2) If theboard of education approves the petition, the board shall notify the petitionerand the state board of education within 30 days after the approvalor by February 1 of the school year preceding the school year in which thecharter school is proposed to be established, whichever is earlier.
(f) After being notified by a board of education of the approval of apetition, the state board shalldetermine whether the charter schoolcan reasonably be expected to accomplish the program goals such charterschool established pursuant to subsection (c). If the state board finds suchcharter school is not likely to achieve such program goals, the state boardshall deny the petition. The state board shall send a notification of denialto the petitioner and the board of education and shall specify the reasonstherefor. Within 30 days from the date of the notification of denial, theboard of education may submit a request to the state board for reconsiderationof the petition and the board of education may submit an amended petitiontherewith. The state board shall act on such request with [within] 60days of receipt ofthe request.
(g) The state board shall notifyboards of education and petitioners for the establishment of a charter schoolof the approval or disapproval thereof by not later than April15 of theschool year precedingthe school yearin which the charter school is proposed to be established.
(h) If a charter school that has been approved forestablishment has sought waiver from any school district policy or state boardof education rules and regulations, the board of education of the schooldistrict in which the charter school will be established may consider thereasons for which the waivers have been requested. If the board of educationdetermines that the reasons for seeking such waivers are meritorious andlegitimately related to successful operation of the charter school, the boardof education may grant waiver of school district policy and may makeapplication, on behalf of the charter school, to the state board of educationfor waiver of state board rules and regulations. Thestate board may consider the application for waiver and approve, deny, or amendand approve the application. Upon approval or amendment and approval of theapplication, the charter school may operate under the terms and conditions ofthe waiver. The manner and method of exercising the rights and performing theresponsibilities, duties and functions provided for under any school districtpolicy or state board rules and regulations that arewaived under authority of this subsection shall be prescribed in the charterand governed thereby.
History: L. 1994, ch. 289, § 4;L. 2000, ch. 133, § 2;L. 2002, ch. 80, § 4;L. 2004, ch. 53, § 1; July 1.