Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
160.1590,
160.1591,
160.1592,
160.1593,
160.1594,
160.1595,
160.1596,
160.1597,
160.1598,
160.1599,
161.011,
161.141,
161.800
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
160.1599 requires the Kentucky Board of
Education to promulgate an administrative regulation to govern the processes
and procedures for the petition, the conversion, and the operation of a
conversion public charter school. This administrative regulation establishes
requirements for conversion public charter schools.
Section 1. Definitions.
(1) "Adult student" means a student who is
eighteen (18) years or older who is still eligible for enrollment and
attendance at a school program pursuant to
KRS
158.030 and
158.100.
(2) "Applicant" is defined by
KRS
160.1590(2).
(3) "Charter application" is defined by
KRS
160.1590(3).
(4) "Charter contract" or "contract" is
defined by KRS
160.1590(4).
(5) "Charter school" means a public charter
school.
(6) "Charter school board
of directors" is defined by
KRS
160.1590(5).
(7) "Conversion public charter school" or
"conversion charter school" is defined by
KRS
160.1590(6).
(8) "Days" means calendar days calculated
pursuant to KRS
446.030.
(9) "Emancipated youth" means a student under
the age of eighteen (18) who is or has been married or has by court order or
otherwise been freed from the care, custody, and control of the student's
parents.
(10) "Enrollment" means
the process for the charter school to register a student for attendance at the
charter school.
(11) "Grade" or
"grade level" means a single elementary, middle, or high school grade of
school.
(12) "Local board of
education" means local school board as defined by
KRS
160.1590(9).
(13) "Local school district" is defined by
KRS
160.1590(10).
(14) "Lottery" means the transparent, open,
equitable, and impartial process that is competently conducted with
randomization in accordance with the targeted student population and service
community as established in
KRS
160.1593(3) for the charter
school to choose students for enrollment and attendance at the charter school
if the student applications received by the charter school exceed the charter
school's capacity.
(15) "Notice"
means written notice.
(16) "Notify"
means provide written notice.
(17)
"Parent" is defined by
KRS
160.1590(11).
(18) "Person with custody or charge" means
any adult, pursuant to
KRS
159.010, who falls within the definition for
"interested person or entity" as defined by
KRS
387.010(2) for an interested
person or entity and with whom the student resides.
(19) "Petitioner" means the persons or
organizations initiating and circulating a petition to convert an existing
public school to a charter school.
(20) "Public charter school" is defined by
KRS
160.1590(14).
(21) "School level", "level", or "educational
level" means the configuration of grade levels that form elementary, middle,
and high schools.
(22) "Student" is
defined by KRS
160.1590(18) and includes
any person who is entitled to enrollment and attendance at a school program as
provided in KRS
158.030 and
158.100.
(23) "Student application" means an
application submitted to a charter school for student enrollment in the charter
school.
(24) "Superintendent" means
the local school district employee tasked with the duties established in
KRS
160.370.
(25) "Year", "academic year", or "school
year" means school year as defined by
KRS
158.050.
Section 2. Conversion Petition and Charter
Application.
(1) The department shall annually
publish on its website a list of noncharter public schools, by school level,
level, or educational level, that are eligible for charter school conversion
through the petition process pursuant to
KRS
160.1599(2)(a).
(2) Prior to circulation of a petition to
convert an existing public school to a charter school, a petitioner shall file
a notice of intent with the resident board of education.
(3) If a charter application proposes that a
newly converted charter school is to be established and prepared to enroll
students for the next school year, both the charter application and the
petition, determined to be valid pursuant to subsection (9) of this section,
proposing the conversion of an existing public school to a charter school shall
be submitted to the authorizer on or before October 30.
(4) A petitioner shall utilize the Public
Charter School Conversion Petition and shall include the following information
in a petition to convert an existing public school to a charter school:
(a) A written statement that the petition
seeks to convert the existing public school to a charter school;
(b) A written statement of the reasons the
petitioner believes the existing public school should be converted to a charter
school, including descriptions of how the conversion public charter school
shall accomplish the purposes of
KRS
160.1591(2); and
(c) Information for filing a written
complaint to the commissioner of education regarding the petition or the
petitioner.
(5) For the
signatures on the petition to count toward the requirements of
KRS
160.1599(2)(a) or (b), a
petitioner shall ensure inclusion of the following from each of the existing
public school's resident parents, persons with custody or charge, adult
students, or emancipated youth students signing the petition:
(a) Their printed names;
(b) Their mailing and street address, phone
number, and email address, as available; and
(c) Their signature in ink or indelible
pencil.
(6) The inclusion
of signatures, from adult students, emancipated youth students, or parents or
persons with custody or charge, on behalf of students who do not attend the
existing public school as residents of the local school district and under the
attendance zone boundary policies and procedures of the local board of
education for the local school district, shall not count toward the
requirements of KRS
160.1599(2)(a) or
(b).
(7) Signatures from parents, persons with
custody or charge, adult students, and emancipated youth students shall count
toward the requirements of
KRS
160.1599(2)(a) or (b) up to
but not in excess of the number of students attending the existing public
school for whom those individuals are parents or persons with custody or charge
or the students themselves.
(8) The
inclusion of an invalid signature on the petition shall not invalidate the
entire petition, but shall instead result in the invalid signature being
stricken and not counted.
(9)
Within thirty (30) days of receipt of a petition for conversion of an existing
public school, a local school district designee of the local board of education
shall conduct and complete an examination of the signatures on the petition and
any necessary investigation to make a determination of whether the petition
contains enough signatures of qualified resident adult students, emancipated
youth students, and parents and persons with custody or charge of students
attending the existing public school to meet the requirements of
KRS
160.1599(2)(a) or
(b).
(10) Within three (3) days of making the
determination in subsection (9) of this section, the local school district
designee of each local board of education that has authority over the existing
public school shall provide notice as to whether the petition met the
requirements of this administrative regulation and
KRS
160.1599(2)(a) or (b):
(a) On the local school district website;
and
(b) To the following:
1. The petitioner;
2. The existing public school's
principal;
3. Any school-based
decision making council of the existing public school established under
KRS
160.345; and
4. Each local board of education with
authority over the existing public school.
(11) For a petition under
KRS
160.1599(2)(b), each local
board of education's majority vote to convert the existing public school to a
charter school shall be conducted at its next regular meeting or an earlier
special meeting.
(12) Any person
who has reason to believe that the petition process was not conducted pursuant
to the requirements of this administrative regulation or that the signatures on
the petition were procured through fraud, intimidation, bribery, or harassment,
may file a written complaint with the commissioner of education and the
commissioner of education shall:
(a) Cause an
investigation to determine the validity of the petition;
(b) Ensure the investigation is completed
within thirty (30) days of receipt of the complaint; and
(c) Render a determination as to the validity
of the petition.
(13) If
the petition fails to meet the requirements of this administrative regulation
and KRS
160.1599(2)(a) or (b) or if
the commissioner of education determines the petition to be invalid, the
existing public school shall not be eligible for conversion to a charter school
unless:
(a) Each local board of education with
authority over the existing public school acts pursuant to
KRS
160.1599(2)(c); or
(b) Another petition is circulated and
determined to be valid pursuant to
KRS
160.1599(a) or (b) and this
administrative regulation.
(14) After any vote by each local board of
education required pursuant to
KRS
160.1599(2)(a), (b), or (c),
an applicant shall submit to the authorizer a charter application to convert an
existing public school to a charter school during the same school year as:
(a) Each local board of education's vote to
convert an existing public school to a charter school pursuant to
KRS
160.1599(2)(c); or
(b)
1. The
circulation of a petition pursuant to
KRS
160.1599(2)(a) or
(b);
2. The issuance of the determination in
subsection (9) of this section that the petition is valid; and
3. A majority vote of each local board of
education with authority over the existing public school, if required by
KRS
160.1599(2)(b).
(15) After any vote by each local
board of education required pursuant to
KRS
160.1599(2)(b) or (c), the
authorizer shall allow submission of a charter application to convert the
existing public school to a charter school during the same school year as:
(a) Each local board of education's vote to
convert the existing public school to a charter school, pursuant to
KRS
160.1599(2)(c); or
(b)
1. The
circulation of a petition pursuant to
KRS
160.1599(2)(a) or
(b);
2. The issuance of the determination in
subsection (9) of this section that the petition is valid; and
3. A majority vote of each local board of
education with authority over the existing public school, if required by
KRS
160.1599(2)(b).
(16) The authorizer shall commence
the charter application review and approval process pursuant to
KRS
160.1594 and 701 KAR Chapter 8 upon receipt
of a charter application to convert an existing public school to a charter
school within the same school year as either:
(a) Each local board of education's vote to
convert an existing public school to a charter school pursuant to
KRS
160.1599(2)(c); or
(b)
1. The
circulation of a petition pursuant to
KRS
160.1599(2)(a) or
(b);
2. The issuance of the determination in
subsection (9) of this section that the petition is valid; and
3. A majority vote of each local board of
education, if required by
KRS
160.1599(2)(b).
(17) The authorizer shall review the petition
and a submitted charter application and only approve the conversion of an
existing public school if the charter application meets the requirements of
KRS
160.1590 to
160.1599,
161.141, and 701 KAR Chapter 8
and if:
(a) The petition meets the
requirements of KRS
160.1599 and this administrative regulation
during the same school year as the filing of the charter application, and if
the commissioner of education has not determined the petition to be invalid;
or
(b) Each local board of
education with authority over the existing public school has voted within the
same school year to convert an existing public school to a charter
school.
(18) The
department shall create a charter school conversion petition and application
guidance document that petitioners, applicants, authorizers, and local boards
of education may utilize.
Section
3. Conversion.
(1) No conversion
public charter school shall begin operation after the beginning of a school
year.
(2) After each local board of
education's vote to convert an existing public school to a charter school or
completion of the petition process requirements of
KRS
160.1599(2)(a) or (b) and
this administrative regulation, and after the authorizer's approval of a
charter application to establish a conversion public charter school, each
superintendent of a district with authority over the existing public school
shall:
(a) Notify resident students of the
conversion of the existing public school and provide information for student
application to the conversion charter school during the time that information
on other school programs in the local school district is provided;
(b) Create with the conversion charter school
board of directors a plan for conversion of the existing public school that
shall include, at a minimum, timelines, roles, responsibilities, and
notification requirements for the following:
1. Coordination of student application,
lottery, enrollment, and transfer to and from the conversion charter school;
and
2. Transfer of management and
operation of the conversion charter school in the same public school facility
for the school years included in the conversion charter school's operation
under the charter contract;
(c) Meet during the first year of the charter
contract with the charter school board of directors to coordinate student
application, lottery, enrollment, and transfer of students; and
(d) Meet throughout the charter contract with
the charter school board of directors regarding the usage and maintenance of
the facility by the charter school board of directors.
(3) Each local board of education with
authority over the existing public school and the conversion charter school
board of directors shall execute a lease for the public school facility prior
to the operation of a conversion public school.
(4) The department shall create a charter
school conversion process guidance document that an authorizer, local board of
education, and a charter school board of directors may utilize.
Section 4. Employees.
(1) Local school district employees placed in
the existing public school prior to conversion, who are not hired by the
conversion charter school board of directors to work in the converted charter
school, shall retain their employment rights with the local school district,
pursuant to KRS Chapter 161 and under the provisions of any collective
bargaining agreement with the local school district. Conversion of an existing
public school of the local school district may result in the circumstances
described in KRS
161.800 and
161.011 necessitating the local
school district superintendent's review of the necessity for a reasonable
reduction in the number of teachers and classified employees employed by the
local school district under
KRS
161.800 and
161.011.
(2) A teacher, with continuing status
pursuant to KRS Chapter 161, who is employed by a Kentucky local school
district, who is hired by the conversion charter school board of directors to
work in the converted charter school, and who is granted leave by the employing
local board of education pursuant to
KRS
160.1592(22), shall notify
the local school district of the teacher's intent to work in the converted
charter school or to return to employment with the local school district the
next school year by April 15 of each year of the granted leave.
(3) The department shall create a charter
school conversion employee transition guidance document that an authorizer,
local board of education, and a conversion charter school may
utilize.
Section 5.
Students.
(1) Each local school district with
authority over the existing public school shall provide, to the students and
parents and persons with custody or charge of students who attend an existing
public school that has been approved for conversion to a charter school,
information and any plan the local school district shall use to address the
educational needs and placements of students who choose not to attend or who
otherwise shall not be attending the conversion charter school.
(2) The department shall create a charter
school conversion student transition guidance document that an authorizer,
local board of education, and a conversion charter school may
utilize.
Section 6.
Operation and Reversion of a Conversion Charter School.
(1) An authorizer may otherwise renew,
non-renew, revoke, or take other action regarding a conversion public charter
school as provided in
KRS
160.1590 to
160.1599,
161.141, and 701 KAR Chapter
8.
(2) If a closed conversion
charter school is reverting back to its noncharter status, each local board of
education with authority over the existing public school shall solicit feedback
on the future of the school from parents, persons with custody or charge, adult
students, and emancipated youth students of the school prior to the
reversion.
Section 7.
Incorporation by Reference.
(1) "Public
Charter School Conversion Petition", October 2022, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Education, Office of Legal Services, 5th floor, 300 Building, 300
Sower Boulevard, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30
p.m.
STATUTORY AUTHORITY:
KRS
160.1599