COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1196
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 15-184, Arizona Revised Statutes, is amended to read:
15-184. Charter schools; admissions requirements
A. A charter school shall enroll all eligible pupils who submit a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building.
B. A charter school shall give enrollment preference to pupils returning to the charter school in the second or any subsequent year of its operation, to pupils who apply to reenroll at the charter school after withdrawing from enrollment and to siblings of pupils already enrolled in the charter school.
C. A charter school may give enrollment preference to children who are in foster care or meet the definition of unaccompanied youth prescribed in the McKinney‑Vento homeless assistance act (42 United States Code section 11434a).
D. A charter school may give enrollment preference to and reserve capacity for pupils who either meet one or more of the following criteria:
1. Are children, grandchildren or legal wards of any of the following:
(a) Employees of the school.
(b) Employees of the charter holder.
(c) Members of the governing body of the school.
(d) Directors, officers, partners or board members of the charter holder.
2. Attended another charter school or are the siblings of that pupil if the charter school previously attended by the pupil has the identical charter holder, board and governing board membership as the enrolling charter school or is managed by the same educational management organization, charter management organization or educational service provider as determined by the charter authorizer.
3. Reside in the attendance area OF A school that is assigned a letter grade classification of D OR F PURSUANT TO section 15-241.
4. Were enrolled in A charter SCHOOL or a school that is operated by a school district and that school has A FEEDER SCHOOL RELATIONSHIP THAT HAS BEEN RATIFIED either BY A MEMORANDUM OF AGREEMENT or by THE governing bodies or GOVERNING BOARDs OF BOTH THE SENDING school AND the RECEIVING SCHOOL.
5. ARE THE DEPENDENT CHILDREN OF A student who is ENROLLED IN A PUBLIC OR PRIVATE POSTSECONDARY INSTITUTION THAT HAS A MEMORANDUM OF AGREEMENT WITH THE CHARTER SCHOOL.
E. A CHARTER SCHOOL OR a NETWORK OF CHARTER SCHOOLS MAY Give ENROLLMENT PREFERENCE to DEPENDENT CHILDREN OF FULL‑time OR PART-TIME EMPLOYEES OF A PARTNER. Not more than FIFTY PERCENT OF a charter SCHOOL'S MAXIMUM ENROLLMENT MAY BE RESERVED FOR THE ENROLLMENT OF pupils pursuant to this subsection. AN ENROLLMENT PREFERENCE PURSUANT THIS subSECTION SHALL NOT BE IMPLEMENTED IN A manner THAT DISPLACES CHILDREN who are currently enrolled AT THE charter SCHOOL. THE LENGTH OF THE ENROLLMENT PREFERENCE authorized by this subsection SHALL BE DETERMINED pursuant to a MEMORANDUM OF agreement executed BY THE charter SCHOOL AND THE PARTNER. IF THE PARTNER IS LEASING THE BUILDING OR SPACE TO THE charter SCHOOL as provided in paragraph 2 of this subsection, THE ENROLLMENT PREFERENCE authorized by this subsection MAY BE given ONLY IF THE LEASE PROVIDES THAT THE BUILDING OR SPACE IS MADE AVAILABLE WITHOUT COST AND IF THE TERM OF THE LEASE IS NOT LESS THAN THE DURATION OF THE charter school's CHARTER. FOR the purposes of this subsection, "PARTNER" means ANY LEGAL ENTITY, WHETHER FOR PROFIT OR nonprofit, that is REGISTERED WITH THE corporation commission and THAT HAS, ACTING INDIVIDUALLY OR AS PART OF A CONSORTIUM, DONATED ONE OR MORE OF THE FOLLOWING TO THE charter SCHOOL:
1. THE LAND on which THE charter SCHOOL IS located.
2. THE BUILDING OR SPACE in which tHE charter SCHOOL is located.
3. MAJOR RENOVATIONS TO THE EXISTING SCHOOL BUILDING OR OTHER CAPITAL IMPROVEMENTS, INCLUDING MAJOR INVESTMENTS IN TECHNOLOGY, the value of which is EQUAL TO AT LEAST FIFTY PERCENT OF THE PER PUPIL ALLOCATION OF STATE monies allocated to the charter school MULTIPLIED BY THE charter SCHOOL'S MAXIMUM ENROLLMENT AS prescribed IN THE charter school's CHARTER. FOR the PURPOSES OF THIS PARAGRAPH, "MAJOR RENOVATIONs TO THE EXISTING SCHOOL BUILDING" MEANS CHANGES THAT PROVIDE SIGNIFICANT IMPROVEMENT, including:
(a) A STRUCTURAL CHANGE TO THE FOUNDATION, ROOF, FLOOR OR INTERIOR OR EXTERIOR WALLS.
(b) An EXTENSION OF AN EXISTING FACILITY TO INCREASE the facility's FLOOR AREA.
(c) AN EXTENSIVE ALTERATION OF AN EXISTING FACILITY, SUCH AS A CHANGE IN the facility's FUNCTION OR PURPOSE.
E. F. If remaining capacity is insufficient to enroll all pupils who submit a timely application, the charter school shall select pupils through an equitable selection process such as a lottery except that preference shall be given to siblings of a pupil selected through an equitable selection process such as a lottery.
F. G. Except as provided in subsections A through D E of this section, a charter school shall not limit admission based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language or athletic ability.
G. H. A charter school may limit admission to pupils within a given age group or grade level.
H. I. A charter school may provide instruction to pupils of a single gender with the approval of the sponsor of the charter school. An existing charter school may amend its charter to provide instruction to pupils of a single gender, and if approved by the sponsor of the charter school, may provide instruction to pupils of a single gender at the beginning of the next school year.
I. J. A charter school may refuse to admit any pupil who has been expelled from another educational institution or who is in the process of being expelled from another educational institution."
Amend title to conform