Signed by Governor Mike Rounds

Vote Smart's Synopsis:

Vote to pass a bill that establishes a pilot charter school primarily for American Indian students from federally recognized tribes that is infused with cultural activities upon the Department of Education's reception of a federal grant under the American Recovery and Reinvestment Act of 2009.

Highlights:

-Requires the curriculum of the school to emphasize science, technology, engineering, mathematics, and American Indian culture (Sec. 1). -Requires any entity seeking to establish the pilot charter school to submit a written plan to the South Dakota Board of Education which shall include the following (Sec. 2):

-A detailed business plan for the private charter school; -A mission statement for the school; -A description of the school's organizational structure that shall include an advisory council of no less than 5, but no more than 9 members; -A financial plan for the first 3 years of operation of the school; -A description of the school's location and facilities; -A description of the grade levels that will be served; -An assurance that state content standards will be addressed; -An assurance that federal and state academic accountability measures will be met; and -An outline of the criteria that will be used to measure the effectiveness of the school.

-Requires that any pilot charter school established pursuant to this Act be public, nonsectarian, nonreligious, non-home based, and nonprofit (Sec. 3). -Requires that American Indian students from federally recognized tribes be given enrollment priority at the pilot charter school (Sec. 4). -Authorizes the school to enroll students on either a first-come, first-served basis, or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the school in its first year of operation (Sec. 4). -Requires the school to give enrollment preference to the following after its first year of operation (Sec. 4):

-Students who have been admitted to the pilot charter school through the approved admission process, and remain in attendance through subsequent grades; and -Siblings of students already admitted to or attending the pilot charter school.

-Requires that any pilot charter school established pursuant to this Act exist as an independent local education agency (Sec. 5). -Prohibits a pilot charter school established pursuant to this Act from generating or requesting local property tax revenue from the school district in which the school resides (Sec. 6). -Specifies that any expenditures of the pilot charter school that result in the acquisition or lease of or additions to real property, plant, or equipment that would, in a school district, be paid from the school district's capital outlay fund, are the financial responsibility of the entity establishing the pilot charter school. (Sec. 6). -Requires the charter of the pilot charter school to do the following (Sec. 7):

-Document compliance with federal, state, and local rules, regulations, and statutes relating to health, safety, civil rights, and insurance; -Assure that the pilot charter school is nonsectarian in its programs, admissions policies, employment practices, and all other operations; -Assure that the pilot charter school provides a comprehensive program of instruction for grades 9 through 12 and 2 years of postsecondary education; -Assure that the pilot charter school meets all state laws and state administrative rules relating to schools, governing boards, and school districts; -Assure cooperation with the Department of Education or the auditor general in any financial, program, or compliance audits conducted; and -Document compliance with all federal and state laws relating to the education of children with disabilities in the same manner as a school district.

-Specifies that the charter of any pilot charter school established pursuant to this Act is effective for 5 years (Sec. 7). -Specifies that any pilot charter school organized pursuant to this Act is eligible to apply for and receive federal grant funding (Sec. 8). -Requires any pilot charter school organized pursuant to this Act to participate in the state retirement system (Sec. 9). -Authorizes any pilot charter school to be exempt from continuing contract laws, and be allowed to collectively bargain its employee contracts (Sec. 9). -Requires a public school to accept credits earned by students in courses or instructional programs at the pilot charter school in a uniform and consistent manner, according to the same criteria used to accept academic credits from other public schools, if a student previously enrolled in a pilot charter school enrolls in a public school in the state (Sec. 10).

Full Bill Text