§ 6-23-302 - Application for an open-enrollment public charter school.
6-23-302. Application for an open-enrollment public charter school.
(a) Pursuant to the provisions of this chapter, an eligible entity may apply to the State Board of Education to grant a charter for an open-enrollment public charter school to operate in a facility of a commercial or nonprofit entity or a public school district.
(b) The application to the state board for an open-enrollment public charter school shall be made in accordance with a schedule approved by the state board.
(c) The application shall:
(1) (A) Describe the results of a public hearing called by the applicant for the purpose of assessing support for an application for an open-enrollment public charter school.
(B) (i) Notice of the public hearing shall be published one (1) time a week for three (3) consecutive weeks in a newspaper having general circulation in each public school district from which the open-enrollment public charter school is likely to draw students for the purpose of enrollment.
(ii) The last publication of notice shall be no less than seven (7) days prior to the public meeting.
(iii) The notice shall not be published in the classified or legal notice section of the newspaper.
(iv) The notice shall be published in no less than ten-point type and shall be no less than two by four inches (2'' x 4'') or four by two inches (4'' x 2'').
(C) (i) Within seven (7) calendar days following the first publication of notice required under subdivision (c)(1)(B) of this section, letters announcing the public hearing shall be sent to the superintendent of each of the public school districts from which the open-enrollment public charter school is likely to draw students for the purpose of enrollment and the superintendent of any public school district that is contiguous to the public school district in which the open-enrollment public charter school will be located.
(ii) An affected school district may submit written comments concerning the application to the state board to be considered at the time of the state board's review of the application;
(2) Describe a plan for academic achievement that addresses how the open-enrollment public charter school will improve student learning and meet the state education goals;
(3) Outline the proposed performance criteria that will be used during the initial five-year period of the open-enrollment public charter school operation to measure its progress in improving student learning and meeting or exceeding the state education goals;
(4) List the specific provisions of this title and the specific rules and regulations promulgated by the state board from which the open-enrollment public charter school seeks to be exempted;
(5) (A) Describe the facility to be used for the open-enrollment public charter school and state the facility's current use and the facility's use for the immediately preceding three (3) years.
(B) If the facility to be used for an open-enrollment public charter school is a public school district facility, the open-enrollment public charter school must operate in the facility in accordance with the terms established by the local school board of the public school district in an agreement governing the relationship between the open-enrollment public charter school and the public school district.
(C) If the facility that will be used for the open-enrollment public charter school is owned by or leased from a sectarian organization, the terms of the facility agreement must be disclosed to the state board; and
(6) Include a detailed budget and a governance plan for the operation of the open-enrollment public charter school.
(d) (1) The application shall be first reviewed and approved by the local school board of the public school district in which the proposed open-enrollment public charter school will operate.
(2) (A) However, if the local school board disapproves the application, the applicant shall have an immediate right to proceed with a written notice of appeal to the state board.
(B) The state board shall hold a hearing within forty-five (45) calendar days after receipt of the notice of appeal.
(C) All interested parties may appear at the hearing and present relevant information regarding the application.
(e) A certified teacher employed by a public school district in the school year immediately preceding the effective date of a charter for an open-enrollment public charter school operated at a public school facility may not be transferred to or be employed by the open-enrollment public charter school over the certified teacher's objections.