§ 6-23-306 — Contents of open-enrollment public charters

An open-enrollment public charter granted under this subchapter shall: (1) Describe the educational program to be offered; (2) Specify the period for which the open-enrollment public charter or any renewal is valid; (3) Provide that the continuation or renewal of the open-enrollment public charter is contingent on acceptable student performance on assessment instruments adopted by the State Board of Education and on compliance with any accountability provision specified by the open-enrollment public charter, by a deadline, or at intervals specified by the open-enrollment public charter; (4) Establish the level of student performance that is considered acceptable for purposes of subdivision (3) of this section; (5) Specify any basis, in addition to a basis specified by this chapter, on which the open-enrollment public charter school may be placed on probation or its charter is revoked or on which renewal of the open-enrollment public charter may be denied; (6) Prohibit discrimination in admissions policy on the basis of gender, national origin, race, ethnicity, religion, disability, or academic or athletic eligibility, except as follows: (A) The open-enrollment public charter school may adopt admissions policies that are consistent with federal law, regulations, or guidelines applicable to charter schools; (B) The open-enrollment public charter school may allow a weighted lottery to be used in the student selection process when necessary to comply with Title VI of the federal Civil Rights Act of 1964, Title IX of the federal Education Amendments of 1972, the equal protection clause of the Fourteenth Amendment to the United States Constitution, a court order, or a federal or state law requiring desegregation; and (C) The open-enrollment public charter may provide for the exclusion of a student who has been expelled from another public school district in the same manner as a board of directors of a public school district under § 6-18-510 ; (7) Specify the grade levels to be offered; (8) Describe the governing structure of the program; (9) Specify the qualifications to be met by professional employees of the program; (10) Describe the process by which the persons providing the program will adopt an annual budget; (11) Describe the manner in which the annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the persons providing the program will provide information necessary for the public school district in which the program is located to participate; (12) Describe the facilities to be used, including the terms of the facility utilization agreement if the facility for the open-enrollment public charter school is owned or leased from a sectarian organization; (13) Describe the geographical area, public school district, or school attendance area to be served by the program; (14) (A) Specify methods for applying for admission, enrollment criteria, and student recruitment and selection processes. (B) (i) (a) Except as provided in subdivision (14)(C) of this section, if more eligible students apply for a first-time admission than the open-enrollment public charter school is able to accept by the annual deadline that the open-enrollment public charter school has established for the receipt of applications for the next school year, the open-enrollment public charter must require the open-enrollment public charter school to use a random, anonymous student selection method that shall be described in the charter application. (b) (1) If there are still more applications for admissions than the open-enrollment public charter school is able to accept after the completion of the random, anonymous student selection method, then the open-enrollment public charter school shall place the applicants on a waiting list for admission. (2) The waiting list is valid until the next time the open-enrollment public charter school is required to conduct a random, anonymous student selection. (ii) However, an open-enrollment public charter school may allow a preference for: (a) (1) Children of the founding members and children of full-time employees and teachers of the eligible entity. (2) The number of enrollment preferences granted to children of founding members and children of full-time employees and teachers shall not exceed ten percent (10%) of the total number of students enrolled in the open-enrollment public charter school; and (b) Siblings of students currently enrolled in the open-enrollment public charter school. (C) The open-enrollment public charter may use a weighted lottery in the student selection process only when necessary to comply with a: (i) Federal court order; or (ii) Federal administrative order issued by an appropriate federal agency having proper authority to enforce remedial measures necessary to comply with Title VI of the federal Civil Rights Act of 1964, Title IX of the federal Education Amendments of 1972, or the equal protection clause of the Fourteenth Amendment to the United States Constitution; and (15) Include a statement that the eligible entity will not discriminate on the basis of race, sex, national origin, ethnicity, religion, age, or disability in employment decisions, including hiring and retention of administrators, teachers, and other employees whose salaries or benefits are derived from any public moneys.

Legislative History

Amended by Act 2017, No. 990,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 933,§ 6, eff. 8/1/2017. Acts 1999, No. 890, § 9; 2001, No. 463, § 1; 2007, No. 736, § 17; 2009, No. 1469, § 21; 2011, No. 993, § 7.