NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Gonzales, R.

 

DATE TYPED:

3/20/03

 

HB

375/aHEC/aHJC/aSEC

 

SHORT TITLE:

Amend Charter School Act

 

SB

 

 

 

ANALYST:

Segura

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

State Department of Education (SDE)

 

SUMMARY

 

     Synopsis of SEC Amendments

 

The Senate Education Committee amendment removes the term arbitration from the title of the Act.

 

     Synopsis of HJC Amendment

 

The House Judiciary Committee amended House Bill 375/a.The amendments strike all underscored material on pages 5 and 6 which addressed the issues of  law suits and costs associated with attorney fees and on page 22, line 8 after “person” inserts  “or entity”

 

     Synopsis of HEC Amendment

 

The House Education Committee amended the amendments are technical in nature and do not change the original intent of the bill.

 

The amendment strikes “Changing Priorities for Enrollment in Charter Schools” on  page 1, lines 11 and 12 and on page 5, line 22, removes the brackets and the line through “that approves a charter school.”

 

     Synopsis of Original Bill

 

House Bill 375 amends and clarifies sections of the 1999 Charter School Act.

 

     Significant Issues

 

House Bill 375 amends sections from 22-8B-2 through 22-8B-21. The bill reflects the recommendations of the Charter School Work Group, appointed by the Legislative Education Study Committee (LESC)  during the 2002 interim.

 

The LESC notes that the Charter School Work Group, which included charter school operators and district superintendents, reached consensus on all of these amendments.

 

In addition, the bill includes amendments that changes  the process of applying for an initial charter or the renewal of an existing charter; it changes the application deadline for a charter school planning; strengthens parental involvement in the application for a conversion charter school; requires a local school board receiving an application for a charter school to hold at least two public meetings; allows the initial charter to be approved for a term of six years; allows a local school board to identify a designee to act on its behalf in certain dealings with a charter school; adds planning to the permitted use of the Charter School Stimulus Fund; extends from 12 to 24 months the time period in which a charter school must reimburse the Charter School Stimulus Fund; and, requires the governing body of a charter school to submit an application for renewal by July 1, of the fiscal year in which the charter expires and requires the local board to act on the application by September1of the same fiscal year.

 

ADMINISTRATIVE IMPLICATIONS

 

According to SDE, enactment of this bill would not cause any additional administrative impact.

 

CONFLICT

 

May relate to SB288, conflicts with SB224 and relates to SBE Regulation 6.80.4

 

TECHNICAL ISSUES

 

The SDE raises suggested corrections to Sections 22-8B-16D, 22-8B-17A through 22-8B-17C. The department also recommends amendments primarily to the mediation and arbitration sections of the bill, starting with Section 22-8B-16C.

 

OTHER SUBSTANTIVE ISSUES

 

LESC identifies the most substantive amendment in this bill as the addition of new sections governing appeals and the resolution of disputes.

 

RS/yr/njw