Download This Bill in Microsoft Word format
A239, R280, H4980
Sponsors: Reps. Herbkersman, Merrill, E.H. Pitts, Cato, Bedingfield, Haskins, Walker, D.C. Smith, J.R. Smith, Barfield, Crawford, Davenport, Lowe, Rice, Simrill, G.R. Smith, Young, Edge and Mulvaney
Document Path: l:\council\bills\bbm\10485htc08.doc
Companion/Similar bill(s): 1271
Introduced in the House on April 9, 2008
Introduced in the Senate on April 29, 2008
Last Amended on April 24, 2008
Passed by the General Assembly on May 13, 2008
Governor's Action: May 21, 2008, Signed
Summary: Charter schools
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/9/2008 House Introduced and read first time HJ-5 4/9/2008 House Referred to Committee on Education and Public Works HJ-5 4/17/2008 House Committee report: Favorable with amendment Education and Public Works HJ-21 4/18/2008 Scrivener's error corrected 4/23/2008 House Member(s) request name added as sponsor: Edge 4/23/2008 House Debate adjourned until Thursday, April 24, 2008 HJ-97 4/24/2008 House Member(s) request name added as sponsor: Mulvaney 4/24/2008 House Amended HJ-48 4/24/2008 House Read second time HJ-52 4/24/2008 House Unanimous consent for third reading on next legislative day HJ-52 4/25/2008 House Read third time and sent to Senate HJ-2 4/29/2008 Senate Introduced and read first time SJ-16 4/29/2008 Senate Referred to Committee on Education SJ-16 5/6/2008 Senate Committee report: Favorable Education SJ-6 5/7/2008 Senate Read second time SJ-17 5/13/2008 Senate Read third time and enrolled SJ-8 5/15/2008 Ratified R 280 5/21/2008 Signed By Governor 6/2/2008 Copies available 6/2/2008 Effective date 05/21/08 6/4/2008 Act No. 239
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A239, R280, H4980)
AN ACT TO AMEND SECTION 59-40-110, AS AMENDED, AND SECTION 59-40-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, TERMINATION OF CHARTERS FOR CHARTER SCHOOLS AND TERMINATION OF A CHARTER SCHOOL'S CONTRACT WITH ITS SPONSOR, AND APPEAL OF A DECISION TO REVOKE OR NOT RENEW A CHARTER SCHOOL, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS AND PROVIDE THAT APPEALS ARE TAKEN TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE STATE BOARD OF EDUCATION; TO AMEND SECTION 59-40-70, AS AMENDED, RELATING TO THE CHARTER SCHOOL ADVISORY COMMITTEE AND ITS ROLE IN THE REVIEW OF CHARTER SCHOOL APPLICATIONS, SO AS TO PROVIDE THAT APPEALS BY AN APPLICANT OR A LOCAL SCHOOL BOARD OF TRUSTEES WITH RESPECT TO AN APPLICATION ARE TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE STATE BOARD OF EDUCATION; TO AMEND SECTIONS 59-40-90 AND 59-40-180, BOTH AS AMENDED, RELATING TO APPEALS BY THE STATE BOARD OF EDUCATION WITH RESPECT TO ACTIONS BY A LOCAL SCHOOL BOARD OF TRUSTEES WITH RESPECT TO A CHARTER SCHOOL APPLICATION AND REGULATIONS AND GUIDELINES PROMULGATED OR DEVELOPED BY THE STATE BOARD OF EDUCATION, SO AS TO CONFORM THE APPELLATE PROCESS TO CHANGES MADE BY THIS ACT; AND TO AMEND SECTION 59-40-50, AS AMENDED, RELATING TO THE EXEMPTION FROM PUBLIC SCHOOL LAW AND REGULATIONS ALLOWED CHARTER SCHOOLS AND SEPARATE REQUIREMENTS IMPOSED ON CHARTER SCHOOLS, SO AS TO REVISE ENROLLMENT PRIORITY PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Charters for ten years
SECTION 1. Section 59-40-110(A) of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"(A) A charter must be approved or renewed for a period of ten school years; however, the charter only may be revoked or not renewed under the provisions of subsection (C) of this section. The sponsor annually shall evaluate the conditions outlined in subsection (C). The annual evaluation results must be used in making a determination for nonrenewal or revocation."
Charter school sponsor contract period conformed
SECTION 2. Section 59-40-115 of the 1976 Code, as added by Act 274 of 2006, is amended to read:
"Section 59-40-115. 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."
Revised appeals procedure
SECTION 3. Section 59-40-70(A)(5) of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"(5) An applicant shall submit the application to the advisory committee and one copy to the school board of trustees of the district from which it is seeking sponsorship. In the case of the South Carolina Public Charter School District, the applicant shall provide notice of the application to the local school board of trustees in which the charter school will be located for informational purposes only. The advisory committee shall receive input from the school district in which the applicant is seeking sponsorship and shall request clarifying information from the applicant. An applicant may submit an application to the advisory committee at any time during the fiscal year and the advisory committee, within sixty days, shall determine whether the application is in compliance. An application that is in compliance must be forwarded to the school district from which the applicant is seeking sponsorship with a letter stating the application is in compliance. The letter also shall include a recommendation from the Charter School Advisory Committee to approve or deny the charter. The letter must specify the reasons for its recommendation. This recommendation is nonbinding on the school board of trustees. If the application is in noncompliance, it must be returned to the applicant with deficiencies noted. The applicant may appeal the decision to the Administrative Law Court."
Revised appeals procedure
SECTION 4. Section 59-40-70(E) of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"(E) If the school district board of trustees from which the applicant is seeking sponsorship denies a charter school application, the charter applicant may appeal the denial to the Administrative Law Court pursuant to Section 59-40-90."
Revised appeals procedure
SECTION 5. Section 59-40-70(G) of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"(G) If a local school board of trustees has information that an approved application by the South Carolina Public Charter School District adversely affects the other students in its district, as defined in regulation, or that the approval of the application fails to meet the spirit and intent of this chapter, the local school board of trustees may appeal the granting of the charter to the Administrative Law Court. The Administrative Law Court, within forty-five days, may affirm or reverse the application for action by the South Carolina Public Charter School District in accordance with an order of the state board."
Revised appeals procedure
SECTION 6. Section 59-40-90 of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"Section 59-40-90. A final decision of the school district may be appealed by any party to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."
Charter school revocation
SECTION 7. Section 59-40-110(H) of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"(H) A decision to revoke or not to renew a charter school may be appealed to the Administrative Law Court pursuant to the provisions of Section 59-40-90."
Regulations and guidelines
SECTION 8. Section 59-40-180 of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"Section 59-40-180. The State Board of Education shall promulgate regulations and develop guidelines necessary to implement the provisions of this chapter, including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including Administrative Law Court appeal, by December first of the year preceding the charter school's opening."
SECTION 9. Section 59-40-50(B)(8) of the 1976 Code, as last amended by Act 274 of 2006, is further amended to read:
"(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; however, a charter school may give enrollment priority to a sibling of a pupil already enrolled or previously enrolled, children of a charter school employee, and children of the charter committee, if such priority enrollment does not constitute more than twenty percent of the enrollment of the charter school;"
SECTION 10. This act takes effect upon approval by the Governor.
Ratified the 15th day of May, 2008.
Approved the 21st day of May, 2008.
This web page was last updated on Monday, October 10, 2011 at 1:40 P.M.