CHAPTER 313

FORMERLY

SENATE BILL NO. 291

AS AMENDED BY HOUSE AMENDMENT NO. 2 AND

SENATE AMENDMENT NO. 2

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 adding a new subsection (1) to read as follows:

"(1) All applications for a charter shall contain an affirmative representation by the applicant that, no later than June 15tht immediately preceding the authorized opening date of the school, the applicant shall secure a certificate of occupancy, either temporary or final, for the premises in which the school is to be located; provided that any temporary certificate of occupancy must permit occupancy at the premises by school staff and students for school purposes. If the charter is approved and the charter holder shall subsequently fail to obtain the necessary certificate of occupancy as required by this section, the opening of the school shall be delayed by one year from the date previously authorized by the approving authority and the charter shall be placed on probation subject to the terms and conditions imposed by the Department of Education with the consent of the State Board of Education. No waivers are available for this requirement."

Section 2. Amend §506, Title 14, Delaware Code, by adding a new subsection (d) to read as follows:

"(d) A pupil accepted for enrollment in a charter school pursuant to this chapter shall remain enrolled therein for a minimum of one year unless, during that one-year period, good cause exists for the failure to meet this requirement. For purposes of this section only, "good cause" shall be defined as a change in a child's residence due to a change in family residence, a change in the state in which the family residence is located, a change in the marital status of the child's parents, a change caused by a guardianship proceeding, placement of a child in foster care, adoption, participation by a child in a foreign exchange program, participation by a child in a substance abuse or mental health treatment program, mutual agreement by the board of directors of the charter school, the board of the receiving district and the parent(s) or guardian of such child to the termination of such enrollment, or a set of circumstances consistent with this definition of "good cause."

Section 3. Amend §505, Title 14, Delaware Code, by adding a new section at the end thereof as follows:

"The Department of Education shall have the authority to promulgate rules and regulations that would further define the application, approval criteria and processes."

Section 4. Amend §513, Title 14 of the Delaware Code, by adding a new subsection (d) to read as follows:

"(d) The Department of Education shall notify the superintendents of all reorganized and vocational-technical school districts of receipt of new charter school applications within 30 days of the close of the application deadline. The Department of Education shall also notify the superintendent of a reorganized school district of any applications for a major charter modification submitted by a charter school with a facility located within their district."

Section 7. Amend § 506(c), Title 14, Delaware Code, by inserting after the first sentence in sub-section (c), two sentences to read as follows:

"Charter schools shall have on file at the school a written statement signed by the parent or guardian of the enrolled student confirming: (i) the parent or guardian intends to and will enroll their child at the charter school for the upcoming school year, and (ii) acknowledging that the child will attend the charter school for at least one complete school year. The State Auditor's Office shall conduct an audit of charter school enrollment projections in March and May to ensure compliance with the requirements of this subsection."

Section 8. Amend §511(f), Title 14 of the Delaware code by deleting the words "Any local school board or the " in the last sentence thereof, and by substituting in lieu thereof the following:

"A local school board shall not be required to accept any applications for a Charter school unless, by September 1st of each year the school board shall affirmatively vote to accept such applications. The".

Approved June 25, 2002