2021 Kentucky Revised Statutes Chapter 160 - School districts 160.1592 Public charter schools part of state's public education system -- Exemption from laws and regulations -- School requirements -- Enrollment option information for parents -- Board of directors -- Buildings and grounds, liability insurance, and other undertakings -- Requirement to be nonsectarian and nondiscriminatory -- Authorized grade levels -- Programs and services for students with disabilities -- Participation in athletic, academic, and other programs -- Single-sex public charter schools permitted -- Amendments to charter contract -- Acceptance of credits earned and grades received in public charter school -- Leave of absence to teach in public charter school.
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160.1592
Public charter schools part of state's public education system -Exemption from laws and regulations -- School requirements -- Enrollment
option information for parents -- Board of directors -- Buildings and grounds,
liability insurance, and other undertakings -- Requirement to be nonsectarian
and nondiscriminatory -- Authorized grade levels -- Programs and services for
students with disabilities -- Participation in athletic, academic, and other
programs -- Single-sex public charter schools permitted -- Amendments to
charter contract -- Acceptance of credits earned and grades received in public
charter school -- Leave of absence to teach in public charter school.
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A public charter school shall be part of the state's system of public education but
shall be exempt from all statutes and administrative regulations applicable to the
state board, a local school district, or a school, except the public charter school shall
adhere to the same health, safety, civil rights, and disability rights requirements as
are applied to all public schools and to all requirements otherwise identified in KRS
160.1590 to 160.1599 and 161.141.
A public charter school may elect to comply with any one (1) or more provisions of
any state statute or administrative regulation.
A public charter school shall:
(a) Be governed by a board of directors;
(b) Be established and operate in pursuit of a specific set of educational objectives
as defined in the charter contract between the school's board of directors and
its authorizer;
(c) Ensure students meet compulsory attendance requirements under KRS
158.030 and 158.100;
(d) Hire only qualified teachers to provide student instruction;
(e) Ensure high school course offerings meet or exceed the minimum required
under KRS 156.160 for high school graduation;
(f) Design its education programs to meet or exceed the student performance
standards adopted by the Kentucky Board of Education;
(g) Ensure students' participation in required state assessment of student
performance, as required under KRS 158.6453;
(h) Adhere to all generally accepted accounting principles and adhere to the same
financial audits, audit procedures, and audit requirements as are applied to
other public schools under KRS 156.265;
(i) Utilize the same system for reporting student information data and financial
data as is utilized by other school districts across the state;
(j) Require criminal background checks for staff and volunteers, including
members of its governing board, as required of all public school employees
and volunteers within the public schools specified in KRS 160.380 and
161.148;
(k) Comply with open records and open meeting requirements under KRS
Chapter 61;
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Comply with purchasing requirements and limitations under KRS Chapter
45A and KRS 156.074 and 156.480, or provide to the public charter school
board of directors a detailed monthly report of school purchases over ten
thousand dollars ($10,000), including but not limited to curriculum, furniture,
and technology;
(m) Provide instructional time that is at least equivalent to the student instructional
year specified in KRS 158.070;
(n) Provide data to the Kentucky Department of Education and the authorizer as
required by the Kentucky Department of Education or authorizer to generate a
school report card under KRS 158.6453;
(o) Operate under the oversight of its authorizer in accordance with its charter
contract and application;
(p) As a public body corporate, have all the powers necessary for carrying out the
terms of its charter contract, including the power to:
1.
Receive and disburse funds for school purposes;
2.
Secure appropriate insurance and enter into contracts and leases;
3.
Contract with an education service provider, provided the board of
directors of the public charter school retains oversight and authority over
the school;
4.
Incur debt in reasonable anticipation of the receipt of public or private
funds;
5.
Pledge, assign, or encumber its assets to be used as collateral for loans
or extensions of credit;
6.
Solicit and accept any gifts or grants for school purposes, subject to
applicable laws and the terms of its charter;
7.
Acquire real property for use as its facility or facilities, from public or
private sources; and
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Employ or contract with other entities for the provision of teaching,
professional, and support staff, as needed; and
(q) Conduct an admissions lottery if capacity is insufficient to enroll all students
who wish to attend the school and ensure that every student has a fair
opportunity to be considered in the lottery and that the lottery is competently
conducted, equitable, randomized, transparent, impartial, and in accordance
with targeted student population and service community as identified in KRS
160.1593(3) so that students are accepted in a public charter school without
regard to ethnicity, national origin, religion, sex, income level, disabling
condition, proficiency in the English language, or academic or athletic ability.
For purposes of this subsection, a member of the board of directors of a public
charter school shall be considered an officer under KRS 61.040 and shall be
removed from office under the statute's provisions.
A local school district shall provide or publicize to parents and the general public
information about public charter schools authorized by the local school district as an
enrollment option within the district to the same extent and through the same means
that the school district provides and publicizes information about noncharter public
schools in the district.
(6) A local school district shall not assign or require any student enrolled in the local
school district to attend a public charter school.
(7) (a) For purposes of ensuring compliance with this section and the charter under
which it operates, a public charter school shall be administered by a public
charter school board of directors accountable to the authorizer in a manner
agreed to in the charter contract, as negotiated between the public charter
school applicant and the authorizer.
(b) The board of directors of a public charter school shall consist of a minimum
of two (2) parents of students attending any public charter school operating
under the direction of the board of directors.
(c) A member of the board of directors of a public charter school shall:
1.
Not be an employee of that school or of an education service provider
that provides services to the school; and
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File full disclosure reports and identify any potential conflicts of interest,
relationships with management organizations, and relationships with
family members who are applying to or are employed by the public
charter school or have other business dealings with the school, the
management organization of the school, or any other public charter
school and shall make these documents available online through the
authorizer.
(8) Collectively, members of the board of directors shall possess expertise in
leadership, curriculum and instruction, law, and finance.
(9) (a) A board of directors may hold one (1) or more charter contracts.
(b) Each public charter school under contract with a board of directors shall be
separate and distinct from any other public charter school under contract with
the board of directors.
(10) The board of directors shall be responsible for the operation of its public charter
school, including but not limited to preparation of a budget, contracting for services,
school curriculum, and personnel matters.
(11) The board of directors shall:
(a) Ensure that all meetings of the board are publicized in advance according to
the rules governing the authorizer and are open to the public at times
convenient to parents; and
(b) Require any education service provider contracted with the board to provide a
monthly detailed budget to the board.
(12) (a) A public charter school may negotiate and contract with its authorizer or any
third party for the use, operation, and maintenance of a building and grounds,
liability insurance, and the provision of any service, activity, or undertaking
that the public charter school is required to perform in order to carry out the
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educational program described in its charter. Any services for which a public
charter school contracts with a school district shall be provided by the district
at cost and shall be negotiated as a separate agreement after final charter
contract negotiations. The public charter school shall have standing to sue and
be sued in its own name for the enforcement of any contract under color of
authority granted by KRS 160.1590 to 160.1599. A public charter school may
own, rent, or lease its space.
(b) Any entity contracted to provide educational services or goods to a public
charter school in an amount exceeding ten thousand dollars ($10,000) shall be
subject to the Open Records Act under KRS Chapter 61 for all records
associated with the public charter school contract.
A public charter school shall be exempt from administrative regulations governing
public schools for purposes of zoning and local land use regulation. The Finance
and Administration Cabinet shall annually publish a list of vacant and unused
buildings and vacant and unused portions of buildings that are owned by the state
and that may be suitable for the operation of a public charter school and shall
provide the list to applicants for public charter schools and to existing public charter
schools upon request.
A public charter school shall be nonsectarian in its programs, admissions policies,
employment practices, partnerships, and all other operations and shall not have
entrance requirements or charge tuition or fees, except that a public charter school
may require the payment of fees on the same basis and to the same extent as other
public schools.
A public charter school shall not discriminate against any student, employee, or any
other person on the basis of ethnicity, religion, national origin, sex, disability,
special needs, athletic ability, academic ability, or any other ground that would be
unlawful if done by a public school.
A public charter school shall serve one (1) or more of grades kindergarten through
twelve (12) and shall limit admission to students within the grade levels served.
A public charter school shall provide programs and services to a student with a
disability in accordance with the student's individualized education program and all
federal and state laws, rules, and regulations. A public charter school shall deliver
the services directly or contract with another provider to deliver the services. A
public charter school shall establish an admissions and release committee at the
school and the committee shall:
(a) Develop an individualized education program for each student with a
disability; or
(b) Review, revise, or utilize a student's individualized education program
completed by the admissions and release committee of the student's former
school. If needed, the committee shall work collaboratively with staff from the
student's former school to review and revise a student's existing individualized
education program.
(a) A public charter school shall be eligible to participate in state-sponsored or
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district-sponsored interscholastic athletics, academic programs, competitions,
awards, scholarships, and recognition programs for students, educators,
administrators, and schools to the same extent as noncharter public schools.
Participants shall comply with eligibility requirements of students enrolled in
noncharter public schools.
(b) A public charter school has no obligation to provide extracurricular activities
or access to facilities for students enrolled in the public charter school.
(c) If a public charter school sponsors interscholastic athletic activities, students
enrolled in the public charter school shall be considered eligible to participate
in interscholastic competitions by the Kentucky Board of Education or the
agency designated by the state board to manage interscholastic athletics, if
other eligibility requirements are met. A student enrolled in a public charter
school that sponsors an interscholastic athletic activity shall be ineligible to
participate in that activity at any other school.
(d) If a public charter school does not offer any interscholastic athletic activity
sanctioned by the Kentucky Board of Education or the agency designated by
the state board to manage interscholastic athletics, a student enrolled in the
public charter school shall be eligible to participate at the school the student
would attend based on the student's residence.
(e) If a public charter school offers any interscholastic athletic activity sanctioned
by the Kentucky Board of Education or the agency designated by the state
board to manage interscholastic athletics, a student enrolled in the public
charter school shall be ineligible to participate in any interscholastic athletic
activity at any other school.
Nothing in this section shall be construed to prevent the establishment of a singlesex public charter school consistent with federal regulations or a public charter
school designed to provide expanded learning opportunities for students at risk of
academic failure or for students with special needs.
The authorizer of a public charter school shall semiannually consider for approval a
public charter school's proposed amendments to a charter contract. The authorizer
may consider requests for amendments more frequently upon mutual agreement
between the authorizer and the public charter school. The denial of an amendment
request is appealable pursuant to KRS 160.1595.
If a student who was previously enrolled in a public charter school enrolls in
another public school located within the state, the new school shall accept any
credits earned and grades received by the student in courses or instructional
programs while enrolled in the public charter school in a uniform and consistent
manner and according to the same criteria that are used to accept credits from other
public schools.
A teacher employed by a local board of education under a continuing service
contract and offered employment with a public charter school shall be granted a two
(2) year leave of absence to teach in a public charter school. The leave of absence
shall commence on the first day of service to the public charter school. During the
first or second year of the leave of absence, the teacher may notify the local board of
education that the teacher intends to return to a teaching position in the local school
district. The teacher shall be allowed to return to a teaching position in the local
school district at the appropriate salary for the teacher's years of experience and
educational level. After two (2) years on leave, the relationship between the teacher
and the local board of education shall be determined by the local board and the local
board shall notify the teacher of the decision.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 144, sec. 6, effective June 29, 2021. -- Created
2017 Ky. Acts ch. 102, sec. 3, effective June 29, 2017.
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