HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 352

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOL APPLICATION AND MODIFICATION APPROVAL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 5, 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 as a potential basis for disapproval of an application for a new charter application or an expansion. The information regarding impact may, by itself or in combination with other factors, form however, be among the bases for disapproval of an application or expansion. 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.

SYNOPSIS

This Act would permit a new charter school application or expansion to be denied by the Department of Education and the State Board based solely on impact.