ARIZONA STATE SENATE
Phoenix, Arizona
ports of entry; procedures; reports
(NOW: charter school reform)
Purpose
Establishes numerous reforms relating to charter school operations and sponsorship.
Background
In 1994 the Legislature authorized the establishment and funding of public charter schools. Charter schools are public schools created by contract between a sponsor and a public or private organization or individual. The contract, or charter, between the sponsor and the charter school must include specific information regarding the charter school’s operations and must ensure its compliance with all relevant federal, state and local laws. The sponsoring entity has oversight and administrative responsibility for the charter schools it sponsors. Charter schools may obtain sponsorship from the State Board for Charter Schools, the State Board of Education or a local school district governing board.
S.B. 1302 makes numerous reforms relating to charter school operations and sponsorship.
Provisions
Financial Accountability and
Funding
1. Establishes a section relating to the misappropriation of charter school monies if a person unlawfully converts public monies in a manner that does not further the purposes of the charter and is not reasonably related to the business of the charter school. Additionally specifies the person has the intent to defraud a person.
2. Specifies the violation is a class 4 felony, except if the amount of the monies is $25,000 or more where the violation would be considered a class 2 felony.
3. Requires the State Board of Education to withhold up to ten percent of a charter school’s state aid if the sponsor determines that the charter school is not in compliance with federal law, state law or its charter. Requires a public hearing and specifies a process by which the charter school may return to compliance.
4. Requires the State Board of Education to restore the full amount of state aid payments to the charter school when its sponsor determines the school returns to compliance.
5. Changes the first year’s apportionment schedule for charter schools to 12 equal monthly installments.
6. Establishes a process for calculating a charter school’s transportation revenue control limit.
Operations
7. Requires the operator of a charter school to conduct a public hearing at least 30 days before a site is opened if the charter school is not already subject to a municipal hearing. Requires public meeting notices to be posted by the operator in at least three different places located within 300 feet of the proposed site.
8. Removes operational decisions as a responsibility of the charter school governing body.
9. Removes current statute that exempts a governing board, its agents and employees from liability for acts or omissions of a charter school sponsored by the school district.
10. Clarifies a charter school sponsor, including a school district governing board, is immune from personal liability for actions taken within the scope of their authority and removes language limiting immunity during regular and special public meetings.
11. Requires charter schools and school districts to keep on file the resumes of all current and former employees who provide instruction to pupils and specifies the content. Requires parents and guardians to be informed of the availability of the information.
12. Prohibits the release of any personally identifiable information.
Sponsorship
13. Prohibits school districts from sponsoring charter schools located outside the geographic boundaries of the school district. Grandfathers those charter schools sponsored prior to July 1, 2000 if the school district is in compliance with the Uniform System of Financial Records (USFR).
14. Prohibits school districts from sponsoring new or transferring charter schools if the school district has been determined to be out of compliance with the USFR during either of the two previous fiscal years.
15. Creates a process, retroactive to June 30, 2000, for school districts that sponsor charter schools and that are determined to be out of compliance with the USFR:
· First year noncompliance with USFR - Requires a school district to notify each charter school sponsored by the district by certified mail within 15 days if the school district is determined out of compliance with the USFR. Requires the notification to state that if the school district is found to be out of compliance for a second consecutive year, the charter school is required to transfer sponsorship to another entity.
· Second year noncompliance with USFR - Requires a school district to notify each charter school sponsored by the district by certified mail within 15 days if the school district is determined out of compliance with the USFR for a second consecutive year. Requires a charter school to apply for transfer of sponsorship to the State Board of Education, the State Board for Charter Schools or the school district governing board (if the charter school is located within the geographic boundaries of the school district) within 45 days of notification that the sponsoring school district is out of compliance with the USFR. Allows a charter school to be granted an extension of 30 days for good cause.
16. Establishes procedures for charter schools sponsored by school districts that are out of compliance with USFR in FY 1999-2000.
17. Requires the state boards to accept any sponsorship transfers from school districts determined to be out of compliance with the USFR. Allows the state boards to require the applicant to sign a charter equivalent to that awarded by the former sponsor.
18. Allows the State Board of Education and the State Board for Charter Schools to accept any other charters transferring charter sponsorship.
19. Continues the charter for the remaining length of the charter when the operation of a charter school is transferred to another sponsor.
20. Removes the caps on the number of charter schools that may be approved by the State Board of Education and the State Board for Charter Schools.
21. Requires an applicant seeking to establish a charter school and an application for renewal of a charter to submit a detailed business plan.
22. Makes technical and conforming changes.
Amendments Adopted by the House of Representatives
1. Establishes numerous reforms relating to charter school operations and sponsorship.
Senate Action House
Action
Final Read 3/28/00 22-7-1 GOVREF 3/10/00 DPA 4-0-0-2
3rd Read 3/23/00 37-21-2
Signed by the Governor 3/29/00
Chapter 90
Prepared by Senate Staff
June 5, 2000