Kentucky Statutes 160.1599 – Conversion of public noncharter school to public charter school — Establishment requirements — Administrative regulations — Governance — Enrollment requirements — Employees — Collective bargaining — School facilities
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(1) An existing public school not scheduled for closure may be converted into a public charter school and be identified to become a conversion public charter school if an applicant indicates to a valid authorizer the intent to convert an existing public school into a conversion public charter school.
(2) A conversion public charter school may only be established if:
(a) A school has been identified by the Kentucky Department of Education as performing in the lowest five percent (5%) of its level and sixty percent (60%) of the parents or guardians of students who attend the school have signed a petition requesting the conversion, which shall be completed and submitted to a valid authorizer no later than ninety (90) days after the date of the first signature;
(b) A school has been identified by the Kentucky Department of Education as not performing in the lowest five percent (5%) of its level and sixty percent (60%) of the parents or guardians of students who attend the school have signed a petition requesting the conversion, which is approved by a majority vote of the local school board. If approved the completed petition shall be submitted to a valid authorizer no later than ninety (90) days after the date of the first signature; or
(c) The local school board votes to convert an existing public school over which it has authority.
(3) For each conversion option identified in subsection (2) of this section, the Kentucky Board of Education shall promulgate administrative regulations to govern the processes and procedures for the petition, the conversion, and the operation of a conversion public charter school.
(4) A conversion public charter school shall be governed by a board of directors constituted and empowered as provided in KRS § 160.1592.
(5) A conversion public charter school shall continue to comply with all federal and state requirements concerning the treatment of children with special needs and accept all students who attended the school prior to its conversion who wish to attend.
(6) A conversion public charter school shall hire its own employees.
(7) An employee who works in a conversion public charter school shall be an employee of the public charter school.
(8) (a) For any collective bargaining agreement entered into on or after June 29,
2017, a governing board shall not be bound by its collective bargaining agreement for employees of a conversion public charter school.
(b) Employees of a conversion public charter school may organize and collectively bargain only as a unit separate from other school employees.
(9) A conversion public charter school shall continue to be housed in the same public school facility and shall have the option of using the existing assets of the school.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 213, sec. 10, effective July 14, 2022. — Created
2017 Ky. Acts ch. 102, sec. 10, effective June 29, 2017.
(2) A conversion public charter school may only be established if:
Terms Used In Kentucky Statutes 160.1599
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(a) A school has been identified by the Kentucky Department of Education as performing in the lowest five percent (5%) of its level and sixty percent (60%) of the parents or guardians of students who attend the school have signed a petition requesting the conversion, which shall be completed and submitted to a valid authorizer no later than ninety (90) days after the date of the first signature;
(b) A school has been identified by the Kentucky Department of Education as not performing in the lowest five percent (5%) of its level and sixty percent (60%) of the parents or guardians of students who attend the school have signed a petition requesting the conversion, which is approved by a majority vote of the local school board. If approved the completed petition shall be submitted to a valid authorizer no later than ninety (90) days after the date of the first signature; or
(c) The local school board votes to convert an existing public school over which it has authority.
(3) For each conversion option identified in subsection (2) of this section, the Kentucky Board of Education shall promulgate administrative regulations to govern the processes and procedures for the petition, the conversion, and the operation of a conversion public charter school.
(4) A conversion public charter school shall be governed by a board of directors constituted and empowered as provided in KRS § 160.1592.
(5) A conversion public charter school shall continue to comply with all federal and state requirements concerning the treatment of children with special needs and accept all students who attended the school prior to its conversion who wish to attend.
(6) A conversion public charter school shall hire its own employees.
(7) An employee who works in a conversion public charter school shall be an employee of the public charter school.
(8) (a) For any collective bargaining agreement entered into on or after June 29,
2017, a governing board shall not be bound by its collective bargaining agreement for employees of a conversion public charter school.
(b) Employees of a conversion public charter school may organize and collectively bargain only as a unit separate from other school employees.
(9) A conversion public charter school shall continue to be housed in the same public school facility and shall have the option of using the existing assets of the school.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 213, sec. 10, effective July 14, 2022. — Created
2017 Ky. Acts ch. 102, sec. 10, effective June 29, 2017.