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.
First Regular Session S.B. 1394
BROPHY MCGEE FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1394
(Reference to EDUCATION Committee amendment)
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