SPONSOR: |
Sen. Townsend & Sen. Sokola & Rep. K.
Williams & Rep. Scott |
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Sens.
Blevins, Marshall, McDowell, Peterson, Venables; Reps. Barbieri, Baumbach,
Bennett, Bolden, Brady, Carson, J. Johnson, Q. Johnson, Keeley, Kowalko,
Longhurst, Mitchell, Mulrooney, Osienski, Potter, Schwartzkopf, Viola |
DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
SENATE BILL NO. 209 |
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section
1. Amend § 511, Title 14 of the Delaware
Code by making deletions as shown by strike through and insertions as shown by
underline as follows:
§ 511. Approval Procedure.
(b)(4) Information regarding impact, as defined
by regulations established by the Department with the approval of the State
Board no later than October 31, 2014, shall be considered in conjunction
with the factors in § 512 of this title but shall not alone provide the basis
for disapproval of an application for a new charter application or an
expansion. The information regarding impact may, however, be among the bases
for disapproval of an application or expansion if at least 1 criteria in § 512
of this title is also deemed not satisfied by the authorizer. The information
regarding impact may, by itself or in combination with other factors, form the
basis for conditions being placed on the approval. Those
conditions may include but shall not be limited to restrictions or prohibitions
on geographic location, programmatic offerings, academic focus or emphasis, and
grade levels served. In no event shall
the placement of conditions on approval, based solely or in part on
considerations of impact, be considered disapproval of an application.
(l) Subject
to any limitations imposed by the approving authority pursuant to subsection
(h) of this section, if the application is found by the approving authority to
meet the criteria set forth in § 512 and complying with the approval process in
§ 511 of this title, it shall may approve the application. The
approving authority may approve an application subject to such conditions as
the approving authority, in its sole discretion, may deem appropriate to ensure
the applicant's continuing compliance with the approval criteria. Whenever approval of a charter
school requires the assent of the State Board, as set forth in subsection (c)
of this section, the State Board may, in addition to approving or disapproving
the recommendation of the Secretary, place or modify conditions on the approval
to address considerations of impact, consistent with the requirements of
subsection (b)(4) of this section.
Section 2. The
effective date of this Act shall be July 1, 2014.
SYNOPSIS
This bill requires the Department of Education to promulgate regulations to further define the meaning and process for consideration of impact in the charter school application review process, to be considered and approved by the State Board no later than its October 2014 meeting. It also clarifies the conditions that an authorizer may place on an approved application, and provides that the State Board of Education may place or modify conditions to address considerations of impact. |
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Author: Senator Townsend