Senator HUTTO proposed the following amendment (NBD\12241DG12):
    Amend the bill, as and if amended, SECTION 8, page 16, by striking Section 59-40-70(C), as contained on lines 4-14 and inserting:

/     (C)(1)     A school district board of trustees only or area commission shall deny an application only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects, as defined in regulation, the other students in the district in which the charter school is to be located. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately must be sent to the charter committee and filed with the State Board of Education and the Charter School Advisory Committee.
        (2)(a)     A local school board of trustees may deny an application if the charter school would adversely affect the other students in the district.
            (b)     The local school board of trustees must demonstrate adverse impact on students. The impact must be specific and must have a negative affect on students. If the local school board of trustees finds that the charter school would adversely affect other students of the district, the written explanation of the reasons for denial required by Section 59-40-70(C) must describe detrimental effects upon other students of the district.
        (3)     If the district is claiming an adverse impact based upon a reduction or redirection in funding due to the funding of the charter school, the district must demonstrate that the reduction or redirection of funds will have a direct negative impact on students.
            (a)     The district must show options it has considered in an effort to reduce the adverse financial impact of the charter school.
            (b)     The district has considered the net fiscal impact of the charter school, including the fiscal benefits that the charter school may bring to the district.             /

    Renumber sections to conform.
    Amend title to conform.