Pub. L. 104-134, tit. II, subtit. B, sec. 2203
PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER SCHOOL PETITIONS.
SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER SCHOOL PETITIONS. (a) Schedule.— An eligible chartering authority shall establish a schedule for receiving petitions to establish a public charter school and shall publish any such schedule in the District of Columbia Register and newspapers of general circulation. (b) Public Hearing.— Not later than 45 days after a petition to establish a public charter school is filed with an eligible chartering authority, the eligible chartering authority shall hold a public hearing on the petition to gather the information that is necessary for the eligible chartering authority to make the decision to approve or deny the petition. (c) Notice.— Not later than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter school, an eligible chartering authority— (1) shall publish a notice of the hearing in the District of Columbia Register and newspapers of general circulation; and (2) shall send a written notification of the hearing date to the eligible applicant who filed the petition. (d) Approval.— Subject to subsection (i), an eligible chartering authority may approve a petition to establish a public charter school, if— (1) the eligible chartering authority determines that the petition satisfies the requirements of this subtitle; (2) the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this subtitle and other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition; and (3) the eligible chartering authority determines that the public charter school has the ability to meet the educational objectives outlined in the petition. (e) Timetable.— An eligible chartering authority shall approve or deny a petition to establish a public charter school not later than 45 days after the conclusion of the public hearing on the petition. (f) Extension.— An eligible chartering authority and an eligible applicant may agree to extend the 45-day time period referred to in subsection (e) by a period that shall not exceed 30 days. (g) Denial Explanation.— If an eligible chartering authority denies a petition or finds the petition to be incomplete, the eligible chartering authority shall specify in writing the reasons for its decision and indicate, when the eligible chartering authority determines appropriate, how the eligible applicant who filed the petition may revise the petition to satisfy the requirements for approval. (h) Approved Petition.— (1) Notice.— Not later than 10 days after an eligible chartering authority approves a petition to establish a public charter school, the eligible chartering authority shall provide a written notice of the approval, including a copy of the 110 STAT. 1321–119approved petition and any conditions or requirements agreed to under subsection (d)(2), to the eligible applicant and to the Chief Financial Officer of the District of Columbia. The eligible chartering authority shall publish a notice of the approval of the petition in the District of Columbia Register and newspapers of general circulation. (2) Charter.— The provisions described in paragraphs (1), (7), (8), (11), (16), (17), and (18) of section 2202 of a petition to establish a public charter school that are approved by an eligible chartering authority, together with any amendments to such provisions in the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d)(2), shall be considered a charter granted to the school by the eligible chartering authority. (i) Number of Petitions.— (1) First year.— For academic year 1996–1997, not more than 10 petitions to establish public charter schools may be approved under this subtitle. (2) Subsequent years.— For academic year 1997–1998 and each academic year thereafter each eligible chartering authority shall not approve more than 5 petitions to establish a public charter school under this subtitle. (j) Exclusive Authority of the Eligible Chartering Authority.— No governmental entity, elected official, or employee of the District of Columbia shall make, participate in making, or intervene in the making of, the decision to approve or deny a petition to establish a public charter school, except for officers or employees of the eligible chartering authority with which the petition is filed.