DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC CHARTER SCHOOLS.

SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC CHARTER SCHOOLS. (a) Duties.— A public charter school shall comply with all of the terms and provisions of its charter. (b) Powers.— A public charter school shall have the following powers: (1) To adopt a name and corporate seal, but only if the name selected includes the words “public charter school”. (2) To acquire real property for use as the public charter school’s facilities, from public or private sources. (3) To receive and disburse funds for public charter school purposes. (4) Subject to subsection (c)(1), to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies. (5) To incur debt in reasonable anticipation of the receipt of funds from the general fund of the District of Columbia or the receipt of Federal or private funds. (6) To solicit and accept any grants or gifts for public charter school purposes, if the public charter school— (A) does not accept any grants or gifts subject to any condition contrary to law or contrary to its charter; and (B) maintains for financial reporting purposes separate accounts for grants or gifts. (7) To be responsible for the public charter school’s operation, including preparation of a budget and personnel matters. 110 STAT. 1321–120 (8) To sue and be sued in the public charter school’s own name. (c) Prohibitions and Other Requirements.— (1) Contracting authority.— (A) Notice requirement.— Except in the case of an emergency (as determined by the eligible chartering authority of a public charter school), with respect to any contract proposed to be awarded by the public charter school and naving a value equal to or exceeding $10,000, the school shall publish a notice of a request for proposals in the District of Columbia Register and newspapers of general circulation not less than 30 days prior to the award of the contract. (B) Submission to the authority.— (i) Deadline for submission.— With respect to any contract described in subparagraph (A) that is awarded by a public charter school, the school shall submit to the Authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract. (ii) Effective date of contract.— (I) In general.— Subject to subclause (II), a contract described in subparagraph (A) shall become effective on the date that is 15 days after the date the school makes the submission under clause (i) with respect to the contract, or the effective date specified in the contract, whichever is later. (II) Exception.— A contract described in subparagraph (A) shall be considered null and void if the Authority determines, within 12 days of the date the school makes the submission under clause (i) with respect to the contract, that the contract endangers the economic viability of the public charter school. (2) Tuition.— A public charter school may not charge tuition, fees, or other mandatory payments, except to nonresident students, or for field trips or similar activities. (3) Control.— A public charter school— (A) shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this subtitle; and (B) shall be exempt from District of Columbia statutes, policies, rules, and regulations established for the District of Columbia public schools by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in the school’s charter or this subtitle. (4) Health and safety.— A public charter school shall maintain the health and safety of all students attending such school. (5) Civil rights and idea.— The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 110 STAT. 1321–121of the Rehabilitation Act of 1973 (29 U.S.C. 794), part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), shall apply to a public charter school. (6) Governance.— A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school and the provisions of this subtitle. (7) Other staff.— No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school. (8) Other students.— No student enrolled in a District of Columbia public school may be required to attend a public charter school. (9) Taxes or bonds.— A public charter school shall not levy taxes or issue bonds. (10) Charter revision.— A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file the petition with the eligible chartering authority that granted the charter. The provisions of section 2203 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school. (11) Annual report.— (A) In general.— A public charter school shall submit an annual report to the eligible chartering authority that approved its charter. The school shall permit a member of the public to review any such report upon request. (B) Contents.— A report submitted under subparagraph (A) shall include the following data: (i) A report on the extent to which the school is meeting its mission and goals as stated in the petition for the charter school. (ii) Student performance on any districtwide assessments. (iii) Grade advancement for students enrolled in the public charter school. (iv) Graduation rates, college admission test scores, and college admission rates, if applicable. (v) Types and amounts of parental involvement. (vi) Official student enrollment. (vii) Average daily attendance. (viii) Average daily membership. (ix) A financial statement audited by an independent certified public accountant in accordance with Government auditing standards for financial audits issued by the Comptroller General of the United States. (x) A report on school staff indicating the qualifications and responsibilities of such staff. (xi) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal to or exceeding $500 during the year that is the subject of the report. (C) Nonidentifying data.— Data described in clauses (i) through (ix) of subparagraph (B) that are included in an annual report shall not identify the individuals to whom the data pertain. 110 STAT. 1321–122 (12) Census.— A public charter school shall provide to the Board of Education student enrollment data necessary for the Board of Education to comply with section 3 of article II of the Act of February 4, 1925 (D.C. Code, sec. 31–404) (relating to census of minors). (13) Complaint resolution process.— A public charter school shall establish an informal complaint resolution process. (14) Program of education.— A public charter school shall provide a program of education which shall include one or more of the following: (A) Preschool. (B) Prekindergarten. (C) Any grade or grades from kindergarten through grade 12. (D) Residential education. (E) Adult, community, continuing, and vocational education programs. (15) Nonsectarian nature of schools.— A public charter school shall be nonsectarian and shall not be affiliated with a sectarian school or religious institution. (16) Nonprofit status of school.— A public charter school shall be organized under the District of Columbia Non-profit Corporation Act (D.C. Code, sec. 29–501 et seq.). (17) Immunity from civil liability.— (A) In general.— A public charter school, and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission— (i) constitutes gross negligence; (ii) constitutes an intentional tort; or (iii) is criminal in nature. (B) Common law immunity preserved.— Subparagraph (A) shall not be construed to abrogate any immunity under common law of a person described in such subparagraph.