SB14 SFA SYPOLT 2-27 #4

Hager 7871

Senator Sypolt moved to amend the amendment on pages fifty-two and fifty-three, by striking out all of section eighteen, and inserting in lieu thereof four new sections, designated sections eighteen, nineteen, twenty and twenty-one, to read as follows:

§18-33-18. Conversion of noncharter public school to a public charter school; application of other public charter school provisions; application for designation; state board rule.

(a) Notwithstanding any other provision of this article to the contrary, a noncharter public school only may be designated as a charter school in accordance with this section and sections nineteen, twenty and twenty-one of this article. All provisions of this article, that are not contrary to this section, and sections nineteen, twenty and twenty-one of this article apply to conversion public charter schools.

(b) The state board shall promulgate a rule, including an emergency rule if necessary, in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this section and sections nineteen, twenty and twenty-one of this article. The rule shall include provisions for at least the following:

(1) A process for a noncharter public school to apply for designation as a charter school that encompasses at least the following:

(A) The manner, time and process for the submission of a charter application;

(B) The contents of the application, which must include a general description of the innovations the school or schools seek to institute and an estimation of the employees who may be affected by the implementation of the innovations; and

(C) Factors to be considered by the county board when evaluating an application, which shall include, but are not limited to, the following factors:

(i) The level of staff commitment to apply for designation as a charter school as determined by a vote by secret ballot at a special meeting of employees eligible to vote on the plan, as provided in section twenty-one of this article;

(ii) Support from parents, students, the local school improvement council and school business partners; and

(iii) The potential for an applicant to be successful as a charter school;

(2) Standards for the county boards to review applications for designation a charter school and to make determinations on the designation of charter schools; and

(3) Determinations of which other provisions of this article are not contrary to this section and sections nineteen, twenty and twenty-one of this article, and if necessary how those other provisions apply when noncharter public schools are converted to a public charter school. These determinations shall at least include:

(A) Maintaining the option for the conversion public charter school to determine whether article two, chapter six-c of this code, relating to the public employees grievance procedure, applies to the school;

(B) Requiring that all funding related provisions applicable to start-up public charter schools apply to conversion public charter schools; and

(C) Requiring that personnel hired by a conversion public charter school be considered employees of and actually employed by the conversion public charter school; and

(4) Notwithstanding any other provision to the contrary, a requirement that conversion public charter schools obtain insurance coverage from the Board of Risk and Insurance Management pursuant to section five-a, article twelve, chapter twenty-nine of this code.

(c) The county board shall review charter applications in accordance with the standards adopted by the board and shall determine whether to designate the applicant as a charter school. The county board shall notify an applicant of the board’s determination within sixty days of receipt of a charter application.

§18-33-19. Conversion of noncharter public school to a public charter school; required plans; plan approval; state board rule.

(a) The rule promulgated by the state board pursuant to section eighteen of this article also shall include at least the following:

(1) Each noncharter public school designated as a public charter school or seeking designation as a public charter school in accordance with section eighteen of this article shall develop a public charter school plan;

(2) The public charter school plan shall contain:

(A) A description of the programs, policies or initiatives the school intends to implement as an innovative strategy to improve student learning if the plan is approved in accordance with section twenty of this article;

(B) A list of all county and state board rules, policies and interpretations, and all statutes, if any, identified as prohibiting or constraining the implementation of the plan, including an explanation of the specific exceptions to the rules, policies and interpretations and statutes required for plan implementation. A school may not request an exception nor may an exception be granted from any of the following:

(i) An assessment program administered by the West Virginia Department of Education; and

(ii) Any provision of law or policy required by the No Child Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and

(3) The public charter school plan may include:

(A) An emphasis in the early childhood through intermediate grade levels on ensuring that each student is prepared fully at each grade level, including additional intervention strategies at grade levels three and eight to reinforce the preparation of students who are not prepared fully for promotion, or an emphasis in the secondary grade levels on ensuring that each student is prepared fully for college or other post-secondary education, as applicable for the school; and

(B) An emphasis on innovative strategies that allow academically advanced students to pursue academic learning above grade level or not available through the normal curriculum at the school.

(b) Each school designated or seeking designation as a public charter school shall submit its public charter school plan to the school’s employees and the county board of the district in which the school is located in accordance with section twenty of this article.

§18-33-20. Conversion of noncharter public school to a public charter school; approval of public charter school plans; waiver of statutes, policies, rules or interpretations.

(a) Each school designated or seeking designation as a public charter school shall:

(1) Submit its public charter school plan to each employee regularly employed at the school if the employee’s primary job duties would be affected by the implementation of the plan. A public charter school plan is approved by school employees when approved by a vote by secret ballot as provided in section twenty-one of this article;

(2) Submit its public charter school plan as approved by vote of the school employees eligible to vote on the plan to the county board for review. Except as provided in subsection (c) of this section, the county board shall approve or disapprove the plan within sixty days of receipt, subject to the following:

(A) No exceptions to county or state board rules, policies or interpretations are granted unless the county board approves the plan at least conditionally pursuant to subsections (b) and (c) of this section; and

(B) If the plan is disapproved, the county board shall communicate the reasons for the disapproval to the school and shall make recommendations for improving the plan. The school may amend the plan pursuant to subsection (d) of this section.

(b) Upon the approval of a public charter school plan by the county board, all exceptions to county and state board rules, policies and interpretations listed within the plan are granted, subject to the limitations contained in paragraph (B), subdivision (2), subsection (a), section nineteen of this article.

(c) If a public charter school plan, or a part thereof, may not be implemented unless an exception to a statute is granted by act of the Legislature, the county board may approve the plan, or the part thereof, only upon the condition that the Legislature acts to grant the exception. If the county board approves a plan on that condition, the county board shall submit the plan with the request for an exception to a statute, along with supporting reasons, to the Legislative Oversight Commission on Education Accountability. The commission shall review the plan and exemption request and make a recommendation to the Legislature regarding the exception requested.

(d) The rule promulgated by the state board pursuant to section three of this article shall include a process for amending or revising a public charter school plan. The process shall require that any amendments or revisions to a public charter school plan are subject to the approval requirements of subsection (a) of this section.

§18-33-21. Conversion of noncharter public school to a public charter school; employee approval of applying for public charter school designation and plan; transfer of employees.

(a) An employee shall be eligible to vote in accordance with the provisions of this section if: (1) The employee is regularly employed at the school; and (2) the employee’s primary job duties will be affected by the implementation of the public charter school plan. The panel created in subsection (c) of this section and the principal shall determine which employees are eligible to vote in accordance with this subsection. No employee may be eligible to vote unless both the panel and the principal determine that the employee is eligible to vote.

(b) A secret ballot vote at a special meeting of all employees regularly employed at the school who are eligible to vote in accordance with this section shall be conducted to determine the following:

(1) The level of employee commitment to apply for designation as a public charter school in accordance with section eighteen of this article; and

(2) The approval of a public charter school plan as required by section twenty of this article.

(c) A panel consisting of the elected officers of the faculty Senate of the school, one representative of the service personnel employed at the school and three parent members appointed by the local school improvement council shall call the meeting required in subsection (b) of this section, conduct the votes and certify the results to the principal, the county superintendent and the president of the county board. The panel shall provide notice of the special meeting to all employees eligible to vote at least two weeks prior to the meeting and shall provide an absentee ballot to each employee eligible to vote who cannot attend the meeting to vote.

(d) At least eighty percent of the employees who are eligible to vote in accordance with this section must vote to apply for designation as a public charter school and to approve the school’s public charter school plan before the level of staff commitment at the school is sufficient for the school to apply for designation and before the plan is approved by the school.

(e) An employee regularly employed at a school applying for or designated as a public charter school whose job duties may be affected by implementation of the public charter school plan or proposed plan may request a transfer to another school in the school district. The county board shall make every reasonable effort to accommodate the transfer.

Adopt

Reject