First Regular Session

Sixty-second General Assembly

LLS NO. R99­0542.01 Matthew Dawkins

STATE OF COLORADO

APPROPRIATIONS

BY SENATORS Evans, Andrews, and Congrove;

also REPRESENTATIVE Kaufman.

SENATE JOINT RESOLUTION 99-040

CONCERNING THE CREATION OF AN INTERIM COMMITTEE TO STUDY THE FEASIBILITY OF AN ALTERNATIVE CHARTERING AUTHORITY FOR CHARTER SCHOOLS.

WHEREAS, In 1993, the General Assembly enacted the "Charter Schools Act", which authorized the creation of charter schools in Colorado; and

WHEREAS, Since that time, sixty charter schools have been established in Colorado; and

WHEREAS, Charter schools provide the citizens of Colorado additional choices in the types of educational opportunities available in the state; and

WHEREAS, The current chartering process requires applicants to submit charter applications to the local school district board of education for approval; and

WHEREAS, Some applicants feel that members of the local board of education to which they applied do not subscribe to the charter school concept and that their opposition contributed to the board of education's decision to deny the charter application; and

WHEREAS, Sections 1 and 9 of Article IX of the state constitution raise issues as to how local school board authority could be reconciled with the authority to administer a statewide chartering program; and

WHEREAS, A statewide chartering authority may be the next step in the growth and success of charter schools in Colorado; and

WHEREAS, The General Assembly finds that it would be beneficial to the state of Colorado to research and explore the possibility of creating an alternative chartering authority and the impact that such an authority would have on charter schools in the state; now, therefore,

Be It Resolved by the Senate of the Sixty­second General Assembly of the State of Colorado, the House concurring herein:

(1)  That there is hereby created an interim committee to work through the 1999 interim to study the feasibility of an alternative chartering authority for charter schools in the state of Colorado. The interim committee shall consider, but need not be limited to, the following issues:

(a)  The constitutional and other legal issues surrounding the creation of a statewide chartering authority, including but not limited to:

(I)  Consideration of the appropriate organization of the authority, including the possibility of the creation of charter school districts;

(II)  The powers and duties that should be given to the statewide chartering authority;

(b)  The feasibility of allowing an institution of higher education to operate an alternative charter school or to contract with another entity to operate the school;

(c)  Funding and capital development issues faced by schools chartered by a statewide chartering authority;

(d)  Other legislative changes that may be necessary to further encourage the creation and growth of charter schools in Colorado; and

(e)  How the student enrollment and funding levels of noncharter schools in Colorado may be affected by the expansion of the charter school system.

(2)  That the interim committee shall consist of six members. The President of the Senate and the Speaker of the House of Representatives shall appoint the members of the interim committee no later than thirty days after passage of this Resolution, as follows:

(a)  The President of the Senate shall appoint three senators to serve on the interim committee, one of whom shall be named chair of the interim committee and no more than two of whom are members of the same political party;

(b)  The Speaker of the House of Representatives shall appoint three representatives to serve on the interim committee, one of whom shall be named vice­chair of the interim committee and no more than two of whom are members of the same political party;

(3)  That the chair and vice­chair of the interim committee, with the assistance of the Legislative Council staff, shall appoint an advisory task force to assist the committee in performing its study. The chair and vice­chair of the interim committee shall jointly appoint a member of the advisory task force to represent each of the following groups:

(a)  The State Department of Education;

(b)  The State Board of Education;

(c)  The Colorado Commission on Higher Education;

(d)  Charter schools currently operating in Colorado;

(e)  Charter school applicants who have been denied a charter;

(f)  Parents of school­age children;

(g)  Members of local school district boards of education;

(h)  The business community;

(i)  School principals from charter schools;

(j)  School principals from noncharter schools;

(k)  School teachers from charter schools;

(l)  School teachers from noncharter schools.

(4)  That the interim committee shall make findings and recommendations regarding the issues reviewed in this study, including but not limited to any necessary legislation, and shall submit a written report on the interim committee's findings and recommendations to the General Assembly no later than November 15, 1999. Legislation recommended by the interim committee shall be treated as legislation recommended by any other interim committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the Senate and the House of Representatives.

(5)  That the interim committee shall meet at least four times to fulfill its responsibilities in this study.

(6)  That the members of the interim committee shall be compensated as provided in section 2­2­307, Colorado Revised Statutes, for attendance at meetings of the interim committee and of the advisory task force.

(7)  That the Legislative Council staff and the Office of Legislative Legal Services shall be made available to assist the interim committee in carrying out its duties. All personnel of the Department of Education and the Colorado Commission on Higher Education shall cooperate with the interim committee and with any persons assisting the interim committee in carrying out its duties.

(8)  That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.