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Printed Page 2960, Apr. 24
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| (3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(E) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein.
(F) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(G) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall be returned to that entity; all other assets become property of the sponsor.
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for any number of years requested by the employee, and must extend the leave at the employee's request. The school district may require that the request for leave or extension of leave be made by the date under state law for the return of teachers' contracts. Employees granted a leave to be employed at a charter school may apply for reemployment with the local district and the local district at its option may reemploy the employee in the same teaching or administrative contract status as when they left or in any other capacity.
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be governed by Section 59-40-100(E).
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditure including capital outlay and maintenance but not including expenditures from bonded indebtedness or debt repayment shall be divided by the previous year's weighted students, then increased by the EFA inflation factor for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. All state and local funding shall be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.
(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. Charter schools which self-administer shall make no contribution to a district's administrative expenditures. (C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools enrolling these students by their school districts. The proportionate share of funds generated under other federal or state categorical aid programs shall be directed to charter schools serving students eligible for the aid.
(D) No charter school is required to issue a contract to a person or entity. All charter school contracts shall be issued on a competitive basis taking into consideration the resources available for the proposed school, the population to be served, and the educational goals to be obtained.
(E) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.
(G) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be a requirement for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body.
(H) A charter school shall report to its sponsor and the department any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(I) The approving body shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(J) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which is necessary or convenient to fulfill its purposes.
(K) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
Section 59-40-145. (A) The department shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
Section 59-40-150. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and
(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board of Education shall compare the performance of charter school pupils in meeting state content standards with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
Section 59-40-155. A charter schools stimulus fund may be established by the General Assembly as a fund separate and distinct from the state general fund for the purpose of providing financial support to charter school applicants and charter schools for start-up costs and costs associated with renovating or remodeling existing buildings and structures. The fund may consist of grants, gifts, devises, and donations from any public or private source. The State Treasurer shall invest the monies in the fund in the same manner as other funds under his control are invested. The State Department of Education shall administer and authorize any disbursements from the fund.
Section 59-40-160. The State Department of Education, in conjunction with the Budget and Control Board, shall publish annually a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The State Department of Education shall make the list available to applicants for charter schools and to existing charter schools. The list shall include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant.
Section 59-40-170. The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter.
Section 59-40-180. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
Section 59-40-190. A sponsor may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parol, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization."
SECTION 2. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WRIGHT explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22756SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-60 of the 1976 Code as contained in SECTION 1, page 4443-4, line 15, by striking /twenty-five/ and inserting /ten/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. WRIGHT moved to table the amendment, which was agreed to by a division vote of 52 to 20.
Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22757SD.96), which was adopted.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22666SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-50(A) of the 1976 Code, as contained in SECTION 1, by striking the last sentence which begins on line 33, page 4443-2.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. GOVAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22667SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-60 of the 1976 Code, as contained in SECTION 1, by striking subsection (B)(5) which begins on line 14, page 4443-4.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. RICHARDSON spoke against the amendment and moved to table the amendment, which was agreed
to by a division vote of 47 to 18.
Rep. COBB-HUNTER proposed the following Amendment No. 6 (Doc Name P:\amend\GJK\22668SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-80 of the 1976 Code, as contained in SECTION 1, by striking the first sentence of subsection (C) which begins on line 31, page 4443-8, and inserting /A local school board of trustees shall only deny an application if the application does not meet the requirements specified in Section 59-40-60 or 59-40-70, fails to meet the spirit and intent of this chapter, or if the local board deems it will adversely affect the other schools in the district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 8, which was tabled.
All charter schools must be conducted in buildings owned by the district.
Rep. SCOTT explained the amendment and moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 9, which was tabled.
All funds and in kind contributions must be surrendered to the district for consideration if given to a charter school.
Rep. SCOTT explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 10, which was tabled.
Line 8, charter schools will follow the same enrollment procedures as regular school districts.
Rep. SCOTT proposed the following Amendment No. 11, which was tabled.
School districts must have at least three (3) public hearings within the district in order to establish a charter school.
Rep. SCOTT explained the amendment.
Rep. MARCHBANKS raised the Point of Order that Amendment No. 11 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. WRIGHT spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 59 to 17.
Rep. SCOTT proposed the following Amendment No. 12, which was tabled.
Page 4, line 38, delete "parents... charter schools."
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 13, which was tabled.
Page 5, (C)(1) after the words "to the" insert:
school district
Rep. SCOTT explained the amendment.
Rep. RICHARDSON moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 14, which was tabled.
Section 59-40-65, Line 16, after children insert must be sent to the Department of Education for review.
Rep. SCOTT explained the amendment.
Rep. RICHARDSON spoke against the amendment and moved to table the amendment, which was agreed
to.
On line 38, page 4, delete "for each student enrolled in the"
Rep. SCOTT explained the amendment.
Rep. RICHARDSON moved to table the amendment, which was agreed to by a division vote of 56 to 14.
Rep. COBB-HUNTER proposed the following Amendment No. 7 (Doc Name P:\amend\GJK\22669SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-100 of the 1976 Code, as contained in SECTION 1, by inserting at the end of subsection (E) which begins on line 31, page 4443-10, /Certified employees at a converted charter school shall continue to be covered by the provisions of Article 5, Chapter 25 of Title 59, relating to employment and dismissal of teachers and other personnel./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. RICHARDSON spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. SCOTT, NEAL, GOVAN and HOWARD spoke against the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Brown, H. Cain Carnell Cato Cooper Dantzler Davenport Delleney Easterday Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Jaskwhich Keegan Kelley Keyserling Kinon Kirsh
Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McKay McTeer Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Witherspoon Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Fleming Govan Harris, J. Harvin Hines, J. Howard Inabinett Jennings Lee Lloyd McCraw McMahand Neal Phillips Scott Shissias Walker Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
Printed Page 2960, Apr. 24
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