S 0679 General Bill, By Fair and Rose
 A BILL TO AMEND SECTION 59-40-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO TERMINATION OF A CHARTER SCHOOL CONTRACT WITH A SPONSOR, SO
 AS TO PROVIDE THAT A CHARTER SCHOOL MAY TRANSFER ITS SPONSORSHIP FROM THE
 LOCAL SCHOOL DISTRICT TO THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT OR
 FROM THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT TO THE LOCAL SCHOOL
 DISTRICT UPON A MUTUAL WRITTEN AGREEMENT AMONG THE CHARTER SCHOOL, THE LOCAL
 SCHOOL DISTRICT, AND THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT.

   04/02/09  Senate Introduced and read first time SJ-5
   04/02/09  Senate Referred to Committee on Education SJ-5

TO AMEND SECTION 59-40-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION OF A CHARTER SCHOOL CONTRACT WITH A SPONSOR, SO AS TO PROVIDE THAT A CHARTER SCHOOL MAY TRANSFER ITS SPONSORSHIP FROM THE LOCAL SCHOOL DISTRICT TO THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT OR FROM THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT TO THE LOCAL SCHOOL DISTRICT UPON A MUTUAL WRITTEN AGREEMENT AMONG THE CHARTER SCHOOL, THE LOCAL SCHOOL DISTRICT, AND THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-40-115 of the 1976 Code, as last amended by Act 239 of 2008, is further amended to read:

"Section 59-40-115.        (A)    A charter school may terminate its contract with a sponsor before the ten year term of contract if all parties under contract with the charter school agree to the dissolution. A charter school that terminates its contract with a sponsor directly may seek application for the length of time remaining on its original contract from another sponsor without review from the Charter School Advisory Committee.

(B)    A charter school sponsored by a local school district board of trustees may transfer its sponsorship to the South Carolina Public Charter School District if the charter school, the local school district board of trustees, and the South Carolina Public Charter School District mutually agree to such transfer of sponsorship. The terms of the agreement must be made in writing in a memorandum of understanding among the charter school, the local school district board of trustees, and the South Carolina Public Charter School District.

(C)    A charter school sponsored by the South Carolina Public Charter School District may transfer its sponsorship to the local school district board of trustees if the charter school, the local school district board of trustees, and the South Carolina Public Charter School District mutually agree to the transfer of sponsorship. The terms of the agreement must be made in writing in a memorandum of understanding among the charter school, the local school district board of trustees, and the South Carolina Public Charter School District."

SECTION    2.    This act takes effect upon approval by the Governor.