§ 16-77-4.1 - Establishing a charter public school within a school district.
SECTION 16-77-4.1
§ 16-77-4.1 Establishing a charter publicschool within a school district. – (a) In those instances where a charter is being sought for an existing publicschool, the charter must receive the affirmative votes of two-thirds (2/3) ofthe teachers assigned to the school prior to implementation. If approved by thefaculty, the charter shall be voted on by the parents or legal guardians ofeach student assigned to the school, with one vote being cast for each student.To be adopted by the parents, the charter must receive the affirmative votes ofparents or legal guardians representing a majority of all the students assignedto the school. The charter may then be presented by the commissioner ofelementary and secondary education to the board of regents for elementary andsecondary education for its approval.
(b) In those instances where a charter is being sought by aschool district for a newly created public charter school, the charter mustreceive the affirmative support of a number of certified teachers employedwithin the school district at least equal to two-thirds (2/3) of the number ofteachers that will be required to staff the proposed charter public school. Theteachers must state their desire to transfer to the charter public school, onceestablished, and to teach under the terms of the charter. To demonstrateparental support within the school district, the charter must receive theaffirmative support of parents or legal guardians representing a number ofstudents currently enrolled in the school district equal to at least one-half(1/2) of the number of students who would be needed to attend the proposedcharter public school. The parents or guardians must state their desire to havetheir children transfer to the charter public school, once established, and tobe educated under the terms of the charter. The charter may then be presentedby the commissioner of elementary and secondary education to the board ofregents for elementary and secondary education for its approval. The chartershall set forth those provisions of state statute, regulation, and schooldistrict rules which will not be applicable to that charter public school.
(c) The charter shall set forth those provisions of statestatute, regulation, and of school district rules which will not be applicableto that charter public school. By two-thirds (2/3) vote of the teachers asprovided for in this section, the teachers will be deemed to have given theirconsent to the variances from those provisions of law, regulation, and schooldistrict rules. The charter shall set forth those provisions of the collectivebargaining agreement which will not be applicable to that charter public schoolsubject to agreement by the parties to the collectively bargaining agreement.By approval of the charter upon the recommendation of the commissioner ofelementary and secondary education, the board of regents will be deemed to haveauthorized all necessary variances from law and regulation enumerated in thecharter. Should the need for relief from the operation of additional provisionsof law and/or contract become apparent subsequent to implementation of thecharter, a variance may be obtained by an affirmative vote of two-thirds (2/3)of the teachers then assigned to the school, agreement by all parties to thecollective bargaining agreement, and by an affirmative vote of the board ofregents upon a recommendation of the commissioner of elementary and secondaryeducation.