View Amendment Current Amendment: 1 to Bill 3853 The Committee on Education and Public Works proposes the following Amendment No. 1 to H. 3853 (COUNCIL\AGM\3853C003.AGM.AB13):

Reference is to the bill as introduced.

Amend the bill, as and if amended, Section 59-40-55(B)(11), as contained in SECTION 2, by deleting the item in its entirety and inserting:

/ (11)      permanently close any charter school at the conclusion of the school year after receiving the lowest performance level rating as defined by the federal accountability system for three consecutive years in accordance Section 59-40-110(E). /

Amend the bill further, Section 59-40-110, as contained in SECTION 6, by deleting the SECTION in its entirety and inserting:

/ SECTION      6.      Section 59-40-110 of the 1976 Code, as last amended by Act 164 of 2012, is further amended to read:

     "Section 59-40-110.      (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.
     (B)      A charter renewal application must be submitted to the school's sponsor one hundred twenty calendar days before the end of the school year for term of the charter contract, and it must contain:
           (1)      a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
           (2)      a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.; and
           (3)      any proposed material changes to the current charter or charter school contract to be implemented in the next ten year charter term.
     (C)      A charter must be revoked or not renewed by the sponsor if it determines that the charter school:
           (1)      committed a material violation of the conditions, standards, performance expectations, or procedures provided for in the charter application or charter school contract, or both;
           (2)      failed to meet or make reasonable progress, the academic performance standards and expectations as defined in the charter application or charter school contract, or both, toward pupil achievement standards identified in the charter application;
           (3)      failed to maintain its books and records according to generally accepted accounting principles or failed to create an appropriate system of internal control, or both meet generally accepted standards of fiscal management; or
           (4)      violated any provision of law from which the charter school was not specifically exempted.
     (D)      A sponsor summarily may revoke any charter school that is determined by the sponsor to pose an imminent threat of harm to the health or safety of students, or both, based on documented and clear and convincing data.
     (E)      Any charter school shall automatically and permanently close at the conclusion of the school year in which the school first becomes subject to automatic closure for receiving the lowest performance level rating as defined by the federal accountability system for three consecutive years. The determination of closure is considered final. Automatic closure shall not apply to any charter school serving fifty percent or more students with disabilities or any charter school designated as an Alternative Education Campus (AEC) by its sponsor as outlined in Section 59-40-111.
     (F)      At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure provided for in this section.
     (E)(G)      The existence of another charter granting authority must not be grounds for the nonrenewal or revocation of a charter. Grounds for nonrenewal or revocation must be only those specified in subsection (C) of this section.
     (F)(H)      The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
     (G)(I)      A charter school seeking renewal may submit a renewal application to another charter granting authority if the charter school has not committed a material violation of the provisions specified in subsection (C) of this section and the sponsor refuses to renew the charter. In such cases, the charter school shall continue to receive local funding pursuant to Section 59-40-140(A). However, the charter school is not eligible to receive one hundred percent of the base student cost from the State. The charter school only is eligible to receive the percentage of the base student cost previously received as a school in its former district.
     (H)(J)      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. Upon appeal to the Administrative Law Court, there is no automatic stay of the revocation or nonrenewal decision. Pending resolution of the appeal, the charter school also may move before the Administrative Law Court for imposition of a stay of the revocation or nonrenewal on the grounds that an unusual hardship to the charter school will result from the execution of the sponsor's decision.
     (K)      Prior to any public charter school closure, the sponsor shall develop a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and net assets in accordance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the sponsor. In the event of a public charter school closure for any reason, the sponsor shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol." /

Amend the bill further by adding an appropriately numbered penultimate SECTION to read:

/ SECTION      ___.      Section 59-40-65(A)(1) of the 1976 Code, as added by Act 26 of 2007, is amended to read:

     "(1)      provide each student enrolled in the program with a course or courses of online or computer instruction approved by the State Department of Education charter school's sponsor that must meet or exceed the South Carolina content and grade specific standards. Students enrolled in the program of online or computer instruction must receive all instructional materials required for the student's program;" /

Renumber sections to conform.
Amend title to conform.