Bill
Number: S.B. 1394
Brophy
McGee Floor Amendment
Reference
to: EDUCATION Committee amendment
Amendment
drafted by: Laura Benitez
FLOOR
AMENDMENT EXPLANATION
1. Allows a charter school
sponsor to seek Attorney General (AG) enforcement of charter school procurement
statute, for violations that are or may be continuing, through referral rather
than request.
2. Specifies that the AG
may seek relief through appropriate civil action in superior court if the AG
has reasonable cause to believe a violation of procurement statute has
occurred.
3. Includes, in the
appropriate civil actions through which the AG may seek relief, requiring a
person to file on AG-prescribed forms:
a) a written statement or
report under oath as to all the facts and circumstances concerning an alleged
violation of procurement statute by that person; and
b) any other data and
information the AG deems necessary.
4. Specifies that the AG's
proposed authority to seek relief through appropriate criminal action in
superior court is in addition to existing statute relating to the
misappropriation of charter school monies.
5. Replaces the
requirement that the State Board for Charter Schools (SBCS) provide a training
course for charter school governing body members and key administrative
personnel with a requirement that provided training be consistent with the
SBCS-developed training course.
6. Requires the SBCS to
make training course materials, rather than the training course, available
online.
7. Replaces the
requirement that the SBCS issue certificates for course completion with a
requirement that the charter school maintain records for review during the
charter school's annual audit.
8. Specifies that a
charter school sponsor's annual disclosure of information relating to charter
management organizations (CMOs) must show the total aggregate amount a charter
school spends for a CMO's services.
9. Replaces the
requirement that expenditure of charter school monies be in the best interests
of the school with a specification that the best interest requirement applies
to purchases of goods or services by the charter school or by the charter
holder on behalf of the charter school.
10. Makes technical and conforming changes.
Page 3, line
1, strike Provide insert Develop
Line 2,
strike . The state board shall develop
Line 3,
strike the course
Line 5,
after the period strike remainder of line
Strike lines
6 through 8
Line 9,
strike member's employment at the charter school.
Line 10,
after course insert materials;
after online insert a period strike remainder of line
Strike line
11
Page 21,
line 1, after the first the insert total
aggregate
Between
lines 16 and 17, insert:
LL. Each new governing body member and each new key
administrative personnel member of a charter school shall complete the training
developed pursuant to section 15-182, subsection e, paragraph 9 within the
first year after the governing body member's appointment to the charter school
governing body or the key administrative personnel member's employment at the
charter school. Training shall be provided consistent with the course developed
by the state board and a charter school shall maintain records for review
during the annual audit of the charter school.
Reletter to conform
Line 30,
strike the second or"
Line 31,
strike "expenditure of school monies insert by the charter school or by the charter holder on behalf of the charter
school
Page 23,
strike lines 7 through 9, insert:
B. A review of a charter schools procurement policies shall be
included in the annual audit of the charter school.
Reletter to
conform
Page 23, strike
lines 18 through 26, insert:
F. In the event of an alleged violation of this section by
a charter holder or charter school, the sponsor of the charter school shall
provide the charter school or charter holder a reasonable opportunity to
respond to any allegations raised and to promptly correct any improper actions.
If the sponsor of the charter school determines that a violation of this
section is or likely may be continuing or that the violation has not been
promptly corrected, the sponsor of the charter school may refer the matter to
the attorney general for enforcement. In enforcing this section the attorney
general may:
1.
If the attorney general has reasonable cause to believe a violation of this
section has occurred, seek relief for any violation of this section through an
appropriate civil action in superior court, which may include requiring a
person to file on forms prescribed by the attorney general a statement or
report in writing and under oath as to all the facts and circumstances
concerning an alleged violation pursuant to this section by that person and any
other data and information deemed necessary by the attorney general.
2.
Use the audit authority of the auditor general pursuant to section 15-183,
subsection e, paragraph 6 to enforce this section.
G.
In addition to section 13-1818, the attorney general may seek relief for any
violation of this section through an appropriate criminal action in superior
court.
Amend title to conform