Pub. L. 104-208, div. A, tit. V, ch. 2, sec. 5205

Sec. 5205. (a) Process for Filing Charter Petitions.— Section 2201 of the District of Columbia School Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–115) is amended by adding at the end the following: “(d) Limitations on Filing.— “(1) Multiple chartering authorities.— An eligible applicant may not file the same petition to establish a public charter school with more than 1 eligible chartering authority during a calendar year. “(2) Multiple petitions.— An eligible applicant may not file more than 1 petition to establish a public charter school during a calendar year.”. (b) Contents of Petition.— Section 2202(6)(B) of the District of Columbia School Reform Act of 1995 (110 Stat. 1321–116) is amended to read as follows: “(B) either— “(i) (I) an identification of a facility for the school, including a description of the site where the school will be located, any buildings on the site, and any buildings proposed to be constructed on the site, and (II) information demonstrating that the eligible applicant has acquired title to, or otherwise secured the use of, the facility; or 110 STAT. 3009–504 “(ii) a timetable by which an identification described in clause (i)(I) will be made, and the information described in clause (i)(II) will be submitted, to the eligible chartering authority;”. (c) Process for Approving or Denying Public Charter School Petitions.— Section 2203 of the District of Columbia School Reform Act of 1995 (110 Stat. 1321–118) is amended— (1) by amending subsection (d) to read as follows: “(d) Approval.— “(1) In general.— Subject to subsection (i) and paragraph (2), an eligible chartering authority shall approve a petition to establish a public charter school, if— “(A) the eligible chartering authority determines that the petition satisfies the requirements of this subtitle; “(B) 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; “(C) the eligible chartering authority determines that the public charter school has the ability to meet the educational objectives outlined in the petition; and “(D) the approval will not cause the eligible chartering authority to exceed a limit under subsection (i). “(2) Conditional approval.— “(A) In general.— In the case of a petition that does not contain the identification and information required under section 2202(6)(B)(i), but does contain the timetable required under section 2202(6)(B)(ii), an eligible chartering authority may only approve the petition on a conditional basis, subject to the eligible applicant’s submitting the identification and information described in section 2202(6)(B)(i) in accordance with such timetable, or any other timetable specified in writing by the eligible chartering authority in an amendment to the petition. “(B) Effect of conditional approval.— For purposes of subsections (e), (h), (i), and (j), a petition conditionally approved under this paragraph shall be treated the same as a petition approved under paragraph (1), except that on the date that such a conditionally approved petition ceases to be conditionally approved because the eligible applicant has not timely submitted the identification and information described in section 2202(6)(B)(i), the approval of the petition shall cease to be counted for purposes of subsection (i).”; (2) in subsection (h), by striking “(d)(2),” each place such term appears and inserting “(d),”; (3) by amending subsection (i) to read as follows: “(i) Number of Petitions.— “(1) First year.— During calendar year 1996, not more than 10 petitions to establish public charter schools may be approved under this subtitle. “(2) Subsequent years.— “(A) In general.— Subject to subparagraph (B), during calendar year 1997, and during each subsequent calendar year, each eligible chartering authority shall not approve more than 10 petitions to establish a public charter school 110 STAT. 3009–505under this subtitle. Any such petition shall be approved during the period that begins on January 1 and ends on April 1. “(B) Exception.— If, by April 1 of any calendar year after 1996, an eligible chartering authority has approved fewer than 10 petitions during such calendar year, any other eligible chartering authority may approve more than 10 petitions during such calendar year, but only if— “(i) the eligible chartering authority completes the approval of any such additional petition before June 1 of the year; and “(ii) the approval of any such additional petition will not cause the total number of petitions approved by all eligible chartering authorities during the calendar year to exceed 20.”; and (4) by amending subsection (j) to read as follows: “(j) Authority of Eligible Chartering Authority.— “(1) In general.— Except as provided in paragraph (2), and except for officers or employees of the eligible chartering authority with which a petition to establish a public charter school is filed, 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 such a petition. “(2) Availability of review.— A decision by an eligible chartering authority to deny a petition to establish a public charter school shall be subject to judicial review by an appropriate court of the District of Columbia.”. (d) District of Columbia Public School Services to Public Charter Schools.— Section 2209 of the District of Columbia School Reform Act of 1995 (110 Stat. 1321–125) is amended— (1) by inserting “(a) In General.—” before “The Superintendent”; and (2) by adding at the end the following: “(b) Preference in Leasing or Purchasing Public School Facilities.— “(1) Former public school property.— “(A) In general.— Notwithstanding any other provision of law relating to the disposition of a facility or property described in subparagraph (B), the Mayor and the District of Columbia Government shall give preference to an eligible applicant whose petition to establish a public charter school has been conditionally approved under section 2203(d)(2), or a Board of Trustees, with respect to the purchase or lease of a facility or property described in subparagraph (B), provided that doing so will not result in a significant loss of revenue that might be obtained from other dispositions or uses of the facility or property. “(B) Property described.— A facility or property referred to in subparagraph (A) is a facility, or real property— “(i) that formerly was under the jurisdiction of the Board of Education; “(ii) that the Board of Education has determined is no longer needed for purposes of operating a District of Columbia public school; and 110 STAT. 3009–506 “(iii) with respect to which the Board of Education has transferred jurisdiction to the Mayor. “(2) Current public school property.— “(A) In general.— Notwithstanding any other provision of law relating to the disposition of a facility or property described in subparagraph (B), the Mayor and the District of Columbia Government shall give preference to an eligible applicant whose petition to establish a public charter school has been conditionally approved under section 2203(d)(2), or a Board of Trustees, in leasing, or otherwise contracting for the use of, a facility or property described in subparagraph (B). “(B) Property described.— A facility or property referred to in subparagraph (A) is a facility, real property, or a designated area of a facility or real property, that— “(i) is under the jurisdiction of the Board of Education; and “(ii) is available for use because the Board of Education is not using, for educational, administrative, or other purposes, the facility, real property, or designated area.”. (e) Charter Renewal.— Section 2212 of the District of Columbia School Reform Act of 1995 (110 Stat. 1321–129) is amended— (1) by amending subsection (a) to read as follows: “(a) Terms.— “(1) Initial term.— A charter granted to a public charter school shall remain in force for a 15-year period. “(2) Renewals.— A charter may be renewed for an unlimited number of times, each time for a 15-year period. “(3) Review.— An eligible chartering authority that grants or renews a charter pursuant to paragraph (1) or (2) shall review the charter— “(A) at least once every 5 years to determine whether the charter should be revoked for the reasons described in subsection (a)(1)(A) or (b) of section 2213 in accordance with the procedures for such revocation established under section 2213(c); and “(B) once every 5 years, beginning on the date that is 5 years after the date on which the charter is granted or renewed, to determine whether the charter should be revoked for the reasons described in section 2213(a)(1)(B) in accordance with the procedures for such revocation established under section 2213(c).”; and (2) by amending subsection (d)(6) to read as follows: “(6) Judicial review.— A decision by an eligible chartering authority to deny an application to renew a charter shall be subject to judicial review by an appropriate court of the District of Columbia.”. (f) Charter Revocation.— Section 2213(a) of the District of Columbia School Reform Act of 1995 (110 Stat. 1321–130) is amended to read as follows: “(a) Charter or Law Violations; Failure to Meet Goals.— “(1) In general.— Subject to paragraph (2), an eligible chartering authority that has granted a charter to a public charter school may revoke the charter if the eligible chartering authority determines that the school— 110 STAT. 3009–507 “(A) committed a violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in the charter, including violations relating to the education of children with disabilities; or “(B) failed to meet the goals and student academic achievement expectations set forth in the charter. “(2) Special rule.— An eligible chartering authority may not revoke a charter under paragraph (1)(B), except pursuant to a determination made through a review conducted under section 2212(a)(3)(B).”. (g) Public Charter School Board.— Paragraphs (3) and (4) of section 2214(a) of the District of Columbia School Reform Act of 1995 (110 Stat. 1321–132) are amended to read as follows: “(3) Vacancies.— “(A) Other than from expiration of term.— Where a vacancy occurs in the membership of the Board for reasons other than the expiration of the term of a member of the Board, the Secretary of Education, not later than 30 days after the vacancy occurs, shall present to the Mayor a list of 3 people the Secretary determines are qualified to serve on the Board. The Mayor, in consultation with the District of Columbia Council, shall appoint 1 person from the list to serve on the Board. The Secretary shall recommend, and the Mayor shall appoint, such member of the Board taking into consideration the criteria described in paragraph (2). Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of the term. “(B) Expiration of term.— Not later than the date that is 60 days before the expiration of the term of a member of the Board, the Secretary of Education shall present to the Mayor, with respect to each such impending vacancy, a list of 3 people the Secretary determines are qualified to serve on the Board. The Mayor, in consultation with the District of Columbia Council, shall appoint 1 person from each such list to serve on the Board. The Secretary shall recommend, and the Mayor shall appoint, any member of the Board taking into consideration the criteria described in paragraph (2). “(4) Time limit for appointments.— If, at any time, the Mayor does not appoint members to the Board sufficient to bring the Board’s membership to 7 within 30 days after receiving a recommendation from the Secretary of Education under paragraph (2) or (3), the Secretary, not later than 10 days after the final date for such mayoral appointment, shall make such appointments as are necessary to bring the membership of the Board to 7.”. (h) Technical Amendment.— Section 2561(b) of the District of Columbia School Reform Act of 1995 (Public Law 104–134), as amended by section 148 of the District of Columbia Appropriations Act, 1997 (Public Law 104–194), is amended to read as follows: “(b) Limitation.—A waiver under subsection (a) shall not apply to the Davis-Bacon Act (40 U.S.C. 276a et seq.) or Executive Order 11246 or other civil rights standards.”.