First Regular Session

Sixty-first General Assembly

LLS NO. 97­0466.01 JAP HOUSE BILL 97­1127

STATE OF COLORADO

BY REPRESENTATIVES Bacon and Morrison.

EDUCATION

A BILL FOR AN ACT

CONCERNING DECISIONS BY SCHOOL DISTRICT BOARDS OF EDUCATION WITH REGARD TO CHARTER SCHOOLS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Extends the time within which a local board of education must decide whether to grant a charter from 60 to 90 days. Deletes the provisions that allow a charter school applicant to appeal a school district board of education's unilateral imposition of conditions on the charter. Specifies that, unless ordered by the state board of education, a school district board of education is not required to grant any charter application. Specifies that arbitrary and capricious shall apply as the standard of review for the state board of education in reviewing decisions to grant or deny a charter. Specifies that a decision by the state board of education concerning a charter constitutes final agency action that is subject to judicial review under the "Administrative Procedure Act".

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 22­30.5­107 (2) and (3), Colorado Revised Statutes, 1995 Repl. Vol., as amended, are amended, and the said 22­30.5­107 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

22­30.5­107. Charter application ­ process. (2)  After giving reasonable public notice, the local board of education shall hold community meetings in the affected areas or the entire school district to obtain information to assist the local board of education in its decision to grant a charter school application. The local board of education shall rule by resolution on the application for a charter school in a public hearing, upon reasonable public notice, within sixty NINETY days after receiving the application.

(3)  If a local board of education denies a charter school application, or unilaterally imposes conditions that are unacceptable to the charter applicant, the charter applicant may appeal the decision to the state board pursuant to section 22­30.5­108.

(5)  NOTHING IN THIS PART 1 SHALL BE CONSTRUED AS REQUIRING A LOCAL BOARD OF EDUCATION TO APPROVE ANY CHARTER SCHOOL APPLICATION UNLESS ORDERED TO DO SO BY THE STATE BOARD PURSUANT TO SECTION 22­30.5­108 (3) (d).

SECTION 2. 22­30.5­108 (3) and (4) (a) (II), Colorado Revised Statutes, 1995 Repl. Vol., as amended, are amended to read:

22­30.5­108. Appeal ­ standard of review ­ procedures. (3)  If the notice of appeal, or the motion to review by the state board, relates to a local board's decision to deny, refuse to renew, or revoke a charter, or to a local board's unilateral imposition of conditions that are unacceptable to the charter school or the charter applicant, the appeal and review process shall be as follows:

(a)  Within sixty days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local board of education and make its findings. If the state board finds that the local board's decision was contrary to the best interests of the pupils, school district, or community ARBITRARY AND CAPRICIOUS, the state board shall remand such decision to the local board of education with written instructions for reconsideration thereof. Said instructions shall include specific recommendations concerning the matters requiring reconsideration.

(b)  Within thirty days following the remand of a decision to the local board of education and after reasonable public notice, the local board of education, at a public hearing, shall reconsider its decision and make a final decision.

(c)  If the local board of education's final decision is still to deny, refuse to renew, or revoke a charter, or to unilaterally impose conditions unacceptable to the charter school or the charter applicant, a second notice of appeal may be filed with the state board within thirty days following such final decision.

(d)  Within thirty days following receipt of the second notice of appeal or the making of a motion for a second review by the state board and after reasonable public notice, the state board, at a public hearing, shall determine whether the final decision of the local board of education was contrary to the best interests of the pupils, school district, or community ARBITRARY AND CAPRICIOUS. If such a finding is made, the state board shall remand such final decision to the local board with instructions to approve the charter application. The decision of the state board shall be final and not subject to appeal CONSTITUTE FINAL AGENCY ACTION AND SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION 24­4­106, C.R.S.

(4)  If the notice of appeal, or the motion to review by the state board, relates to a local board's decision to grant a charter, the appeal and review process shall be as follows:

(a) (II)  If such a determination is made, the state board shall remand such decision to the local board with instructions to deny the charter application. The decision of the state board shall be final and not subject to appeal CONSTITUTE FINAL AGENCY ACTION AND SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION 24­4­106, C.R.S.

SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.