§ 38-1802.01 — Process for filing charter petitions.

District of Columbia § 38-1802.01

• Jurisdiction: District of Columbia
• Title 38: Educational Institutions.
• Ch. 18: District of Columbia School Reform (Public Charter Schools).
• Subch. II: Public Charter Schools.

Text

(a) An eligible applicant seeking to convert a District of Columbia public school into a public charter school:

(1) Shall prepare a petition to establish a public charter school that meets the requirements of § 38-1802.02 ;

(2) Shall provide a copy of the petition to:

(A) The parents of minor students attending the existing school;

(B) Adult students attending the existing school;

(C) Employees of the existing school;

(D) Parents of minor students who both attend:

(i) The school grade immediately lower than the first school grade which is served by the public school which is the subject of the conversion petition; and

(ii) A school that is located within the attendance zone of the public school which is the subject of the conversion petition.

(E) Each Advisory Neighborhood Commission which represents an area within the attendance area of the public school which is the subject of the conversion petition; and

(3) Shall file the petition with an eligible chartering authority for approval after the petition:

(A) Is signed by two-thirds of the sum of:

(i) The total number of parents of minor students attending the school; and

(ii) The total number of adult students attending the school; and

(B) Is endorsed by at least two-thirds of full-time teachers employed in the school.

(b) An eligible applicant seeking to convert an existing private or independent school in the District of Columbia into a public charter school:

(1) Shall prepare a petition to establish a public charter school that is approved by the Board of Trustees or authority responsible for the school and that meets the requirements of § 38-1802.02 ;

(2) Shall provide a copy of the petition to:

(A) The parents of minor students attending the existing school;

(B) Adult students attending the existing school; and

(C) Employees of the existing school; and

(3) Shall file the petition with an eligible chartering authority for approval after the petition:

(A) Is signed by two-thirds of the sum of:

(i) The total number of parents of minor students attending the school; and

(ii) The total number of adult students attending the school; and

(B) Is endorsed by at least two-thirds of full-time teachers employed in the school.

(c) An eligible applicant seeking to establish in the District of Columbia a public charter school, but not seeking to convert a District of Columbia public school or a private or independent school into a public charter school, shall file with an eligible chartering authority for approval a petition to establish a public charter school that meets the requirements of § 38-1802.02 .

(c-1) The Public Charter School Board shall have the authority to approve one joint program for applicants seeking to establish a jointly operated school where 2 or more public charter schools that have adopted, for the combined program, identical mission statements, goals, curricula and educational philosophy (“member schools”) may combine to create a jointly operated middle and high school. Notwithstanding any other law, the jointly operated school shall have the same duties, powers and responsibilities of a public charter school, shall be funded as if a public charter school, and shall be treated as a single local educational agency under federal and local law. Students matriculating directly from the highest grade of a member school into the entry grade of the jointly operated school shall be exempt from the requirements of § 38-1802.06(c) .

(1) An eligible applicant may not file the same petition to establish a public charter school with more than one eligible chartering authority during a calendar year.

(2) An eligible applicant may not file more than one petition to establish a public charter school during a calendar year.

(e) A petition to establish a public charter school in the District of Columbia, or to convert a District of Columbia public school or an existing private or independent school, is a public document.

(f) A public charter school that existed prior to June 12, 2007, and that was chartered by the District of Columbia Board of Education pursuant to Chapter 17 of this title [ § 38-1701.01 et seq.] [repealed], shall not be required to file a petition with the Public Charter School Board; it shall be considered approved and chartered for the purposes of this chapter and shall be subject to the powers and duties granted to the Public Charter School Board as an eligible chartering authority pursuant to §§ 38-1802.11 , 38-1802.12 , and 38-1802.13 .

Legislative History

Apr. 26, 1996, 110 Stat. 1321 115, Pub. L. 104-134, § 2201; Sept. 30, 1996, 110 Stat. 3009 1461, Pub. L. 104-208, § 5205(a); Oct. 19, 2000, D.C. Law 13-172, § 2503(a), 47 DCR 6308; Oct. 18, 2004, 118 Stat. 1348, Pub. L. 108-335, §§ 341, 342(a); Dec. 8, 2004, 118 Stat. 3342, Pub. L. 108-447, Div. J., title I, § 103(a)(3); June 12, 2007, D.C. Law 17-9, § 802(a), 54 DCR 4102; Feb. 26, 2015, D.C. Law 20-155, § 4112, 61 DCR 9990