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(ii) adult students attending the
school; and
(B) has been endorsed by at least a major-
ity of full-time teachers at the school; and
(4) shall explain in the petition the relationship
that will exist between the public charter school and
its employees.
(b) INDEPENDENT OR PRIVATE SCHOOL.—An eligi-
ble applicant seeking to convert an existing independent
or private school in the District of Columbia into a public
charter school—
(1) shall prepare a petition to establish a public
charter school that meets the requirements of sec-
tion 2152;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attend-
ing the existing school;
(B) adult students attending the existing
school; and
(C) employees of the existing school;
(3) shall file the petition with an eligible char-
tering authority for approval after the petition—
(A) has been signed by a majority of the
total number of—
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(i) parents of minor students attend-
ing the school; and
(ii) adult students attending the
school; and
(B) has been endorsed by at least a major-
ity of full-time teachers at the school; and
(4) shall explain in the petition the relationship
that will exist between the public charter school and
its employees.
(c) NEW SCHOOL.—An eligible applicant seeking to
establish in the District of Columbia a public charter
school, but not seeking to convert an existing public, pri-
vate, or independent school into a public charter school,
shall file with an eligible chartering authority for approval
a petition to establish a public charter school that meets
the requirements of section 2152.
SEC. 2152. CONTENTS OF PETITION.
A petition to establish a public charter school shall
include the following:
(1) A statement defining the mission and goals
of the proposed school.
(2) A statement of the need for the proposed
school in the geographic area of the school site.
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(3) A description of the proposed instructional
goals and methods for the school, which includes, at
a minimum—
(A) the methods that will be used to pro-
vide students with the knowledge, proficiency,
and skills needed—
(i) to become nationally and inter-
nationally competitive students and edu-
cated individuals in the 21st century; and
(ii) to perform competitively on any
districtwide assessments; and
(B) the methods that will be used to im-
prove student self-motivation, classroom in-
struction, and learning for all students.
(4) A description of the plan for evaluating stu-
dent academic achievement of the proposed school
and the procedures for remedial action that will be
used by the school when the academic achievement
of a student falls below the expectations of the
school.
(5) An operating budget for the first 2 years of
the proposed school that is based on anticipated en-
rollment and contains—
(A) a description of the method for con-
ducting annual audits of the financial, adminis-
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trative, and programmatic operations of the
school;
(B) either—
(i) an identification of the site where
the school will be located, including a de-
scription of any buildings on the site and
any buildings proposed to be constructed
on the site; or
(ii) a timetable by which a such an
identification will be made;
(C) a description of any major contracts
planned, with a value equal to or exceeding
$10,000, for equipment and services, leases, im-
provements, purchases of real property, or in-
surance; and
(D) a timetable for commencing operations
as a public charter school.
(6) A description of the proposed rules and poli-
cies for governance and operation of the school.
(7) Copies of the proposed articles of incorpora-
tion and bylaws of the school.
(8) The names and addresses of the members
of the proposed Board of Trustees.
(9) A description of the student enrollment, ad-
mission, suspension, and expulsion policies and pro-
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cedures of the proposed school, and the criteria for
making decisions in such areas.
(10) A description of the procedures the school
plans to follow to ensure the health and safety of
students, employees, and guests of the school and to
comply with applicable health and safety laws and
regulations of the Federal Government and the Dis-
trict of Columbia.
(11) An explanation of the qualifications that
will be required of employees of the proposed school.
(12) An identification, and a description, of the
individuals and entities submitting the application,
including their names and addresses, and the names
of the organizations or corporations of which such
individuals are directors or officers.
SEC. 2153. PROCESS FOR APPROVING OR DENYING CHAR-
TER PETITIONS.
(a) SCHEDULE.—An eligible chartering authority
may establish a schedule for receiving petitions to estab-
lish a public charter school and shall publish any such
schedule in the District of Columbia Register. An eligible
chartering authority shall make a copy of any such sched-
ule available to all interested persons upon request.
(b) PUBLIC HEARING.—Not later than 45 days after
a petition to establish a public charter school is filed with
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an eligible chartering authority, the authority shall hold
a public hearing on the petition to gather the information
that is necessary for the 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 estab-
lish a public charter school, an eligible chartering author-
ity—
(1) shall publish a notice of the hearing in the
District of Columbia Register; and
(2) shall send a written notification of the hear-
ing date to the eligible applicant who filed the peti-
tion.
(d) APPROVAL OR DENIAL.—Subject to subsection
(i), an eligible chartering authority shall approve a petition
to establish a public charter school, if—
(1) the authority determines that the petition
satisfies the requirements of this subtitle; and
(2) the eligible applicant who filed the petition
agrees to satisfy any condition or requirement, con-
sistent with this title and other applicable law, that
is set forth in writing by the eligible chartering au-
thority as an amendment to the petition.
(e) TIMETABLE.—An eligible chartering authority
shall approve or deny a petition to establish a public char-
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a public charter school, except the eligible chartering au-
thority with which the petition was filed.
SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIRE-
MENTS ON, PUBLIC CHARTER SCHOOLS.
(a) DUTIES.—A public charter school shall comply
with—
(1) this subtitle;
(2) any other provision of law applicable to the
school; and
(3) all of the terms and provisions of its char-
ter.
(b) POWERS.—A public charter school shall have all
of the powers necessary for carrying out its charter, in-
cluding 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 its
school facilities, from public or private sources.
(3) To receive and disburse funds for school
purposes.
(4) Subject to subsection (c)(1), to secure ap-
propriate insurance and to make contracts and
leases, including agreements to procure or purchase
services, equipment, and supplies.
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(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 other Federal
or private funds.
(6) To solicit and accept any grants or gifts for
school purposes, if the school—
(A) does not accept any grants or gifts
subject to any condition contrary to law or con-
trary to the terms of the petition to establish
the school as a public charter school; and
(B) maintains separate accounts for grants
or gifts for financial reporting purposes.
(7) To be responsible for its own operation, in-
cluding preparation of a budget and personnel mat-
ters.
(8) To sue and be sued in its own name.
(c) PROHIBITIONS AND OTHER REQUIREMENTS.—
(1) CONTRACTING AUTHORITY.—
(A) NOTICE
REQUIREMENT.—Except in
the case of an emergency, with respect to any
contract proposed to be awarded by a public
charter school and having a value equal to or
exceeding $10,000, the school shall publish a
notice of a request for proposals in the District
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of Columbia Register not less than 30 days
prior to the award of the contract.
(B) SUBMISSION TO 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 sub-
mit 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
CON-
TRACT.—
(I) IN
GENERAL.—Subject to
subclause (II), a contract described in
subparagraph (A) shall become effec-
tive on the date that is 15 days after
the date the school makes the submis-
sion under clause (i) with respect to
the contract, or the effective date
specified in the contract, whichever is
later.
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(II) EXCEPTION.—A contract de-
scribed in subparagraph (A) shall be
considered null and void if the Au-
thority determines, within 12 days of
the date the school makes the submis-
sion under clause (i) with respect to
the contract, that the contract endan-
gers the economic viability of the pub-
lic charter school.
(2) TUITION.—A public charter school may not
charge tuition, fees, or other mandatory payments,
except to nonresident students.
(3) CONTROL.—A public charter school—
(A) shall exercise exclusive control over its
expenditures, administration, personnel, and in-
structional methods, within the limitations im-
posed in this title; and
(B) shall be exempt from statutes, policies,
rules, and regulations governing District of Co-
lumbia public schools established by the Super-
intendent, Board of Education, Mayor, District
of Columbia Council, or Authority, except as
otherwise provided in this title or in the charter
granted to the school.
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(4) AUDITS.—A public charter school shall be
subject to the same financial audits, audit proce-
dures, and fiduciary requirements as a District of
Columbia public school.
(5) GOVERNANCE.—A public charter school
shall be governed by a Board of Trustees in a man-
ner consistent with the charter granted to the
school, the provisions of this title, and any other law
applicable to the school.
(6) OTHER STAFF.—No employee of the Dis-
trict of Columbia public schools may be required to
accept employment with, or be assigned to, a public
charter school.
(7) OTHER STUDENTS.—No student enrolled in
a District of Columbia public school may be required
to attend a public charter school.
(8) TAXES OR BONDS.—A public charter school
shall not levy taxes or issue bonds.
(9) CHARTER
REVISION.—A public charter
school seeking to revise its charter shall prepare a
petition for approval of the revision and file it with
the eligible chartering authority that granted the
charter. The provisions of section 2153 shall apply
to such a petition in the same manner as such provi-
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sions apply to a petition to establish a public charter
school.
(10) ANNUAL REPORT.—
(A) IN GENERAL.—A public charter school
shall submit an annual report to the eligible
chartering authority that approved its charter
and to the Authority. 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 fol-
lowing data:
(i) Student performance on any dis-
trict-wide assessments.
(ii) Grade advancement for students
enrolled in the public charter school.
(iii) Graduation rates, college admis-
sion test scores, and college admission
rates, if applicable.
(iv) Types and amounts of parental
involvement.
(v) Official student enrollment.
(vi) Average daily attendance.
(vii) Average daily membership.
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(viii) A financial statement audited by
an independent certified public accountant.
(ix) A list of all donors and grantors
that have contributed monetary or in-kind
donations having a value equal or exceed-
ing $500 during the year that is the sub-
ject of the report.
(C) NONIDENTIFYING
DATA.—Data de-
scribed in subparagraph (B) that are included
in an annual report may not identify the indi-
viduals to whom the data pertain.
(11) STUDENT ENROLLMENT REPORT.—A pub-
lic charter school shall report to the Mayor and the
District of Columbia Council annual student enroll-
ment on a grade-by-grade basis, including students
with special needs, in a manner and form that per-
mits the Mayor and the District of Columbia Council
to comply with subtitle E.
(12) CENSUS.—A public charter school shall
provide to the Board of Education student enroll-
ment data necessary for the Board 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).
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(13) COMPLAINT
RESOLUTION
PROCESS.—A
public charter school shall establish an informal
complaint resolution process.
(14) PROGRAM OF EDUCATION.—A public char-
ter school shall provide a program of education
which shall include one or more of the following:
(A) Pre-school.
(B) Pre-kindergarten.
(C) Any grade or grades from kindergarten
through 12th grade.
(D) Adult community, continuing, and vo-
cational education programs.
(15) NONSECTARIAN NATURE OF SCHOOLS.—A
public charter school shall be nonsectarian.
(16) NONPROFIT STATUS OF SCHOOL.—A pub-
lic charter school shall be organized under the Dis-
trict of Columbia Nonprofit 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, offi-
cers, employees, and volunteers, shall be im-
mune from civil liability, both personally and
professionally, for any act or omission within
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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
PRE-
SERVED.—Subparagraph (A) shall not be con-
strued to abrogate any immunity under com-
mon law of a person described in such subpara-
graph.
SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER
SCHOOL.
(a) BOARD OF TRUSTEES.—The members of a Board
of Trustees of a public charter school shall be elected or
selected pursuant to the charter granted to the school.
Such a board shall have an odd number of members that
does not exceed 7, of which—
(1) a majority shall be residents of the District
of Columbia; and
(2) at least 2 shall be a parent of a student at-
tending the school.
(b) ELIGIBILITY.—An individual is eligible for elec-
tion or selection to the Board of Trustees of a public char-
ter school if the person—
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(1) is a teacher or staff member who is em-
ployed at the school;
(2) is a parent of a student attending the
school; or
(3) meets the selection or election criteria set
forth in the charter granted to the school.
(c) ELECTION OR SELECTION OF PARENTS.—In the
case of the first Board of Trustees of a public charter
school to be elected or selected after the date on which
the school is granted a charter, the election or selection
of the members under subsection (a)(2) shall occur on the
earliest practicable date after classes at the school have
commenced. Until such date, any other members who have
been elected or selected shall serve as an interim Board
of Trustees. Such an interim board may exercise all of
the powers, and shall be subject to all of the duties, of
a Board of Trustees.
(d) FIDUCIARIES.—The Board of Trustees of a public
charter school shall be fiduciaries of the school and shall
set overall policy for the school. The Board of Trustees
may make final decisions on matters related to the oper-
ation of the school, consistent with the charter granted
to the school, this title, and other applicable law.
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SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITH-
DRAWAL.
(a) OPEN ENROLLMENT.—Enrollment in a public
charter school shall be open to all students who are resi-
dents of the District of Columbia and, if space is available,
to nonresident students who meet the tuition requirement
in subsection (e).
(b) CRITERIA
FOR ADMISSION.—A public charter
school may not limit enrollment on the basis of a student’s
intellectual or athletic ability, measures of achievement or
aptitude, or a student’s disability. A public charter school
may limit enrollment to specific grade levels or areas of
focus of the school, such as mathematics, science, or the
arts, where such a limitation is consistent with the charter
granted to the school.
(c) RANDOM SELECTION.—If there are more applica-
tions to enroll in a public charter school from students
who are residents of the District of Columbia than there
are spaces available, students shall be admitted using a
random selection process.
(d) ADMISSION TO AN EXISTING SCHOOL.—During
the 5-year period beginning on the date that a petition,
filed by an eligible applicant seeking to convert an existing
public, private, or independent school into a public charter
school, is approved, the school shall give priority in enroll-
ment to—
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(1) students enrolled in the school at the time
that the petition is granted;
(2) the siblings of students described in para-
graph (1); and
(3) in the case of the conversion of an existing
public school, students who reside within the attend-
ance boundaries, if any, in which the school is lo-
cated.
(e) NONRESIDENT
STUDENTS.—Nonresident stu-
dents shall pay tuition to a public charter school at the
current rate established for District of Columbia public
schools administered by the Board of Education for the
type of program in which the student has enrolled.
(f) STUDENT WITHDRAWAL.—A student may with-
draw from a public charter school at any time and, if oth-
erwise eligible, enroll in a District of Columbia public
school administered by the Board of Education.
(g) EXPULSION AND SUSPENSION.—The principal of
a public charter school may expel or suspend a student
from the school based on criteria set forth in the charter
granted to the school.
SEC. 2157. EMPLOYEES.
(a) EXTENDED
LEAVE
OF
ABSENCE
WITHOUT
PAY.—
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(1) LEAVE OF ABSENCE FROM DISTRICT OF CO-
LUMBIA
PUBLIC
SCHOOLS.—The Superintendent
shall grant, upon request, an extended leave of ab-
sence, without pay, to an employee of the District of
Columbia public schools for the purpose of permit-
ting the employee to accept a position at a public
charter school for a 2-year term.
(2) REQUEST FOR EXTENSION.—At the end of
a 2-year term referred to in paragraph (1), an em-
ployee granted an extended leave of absence without
pay under the paragraph may submit a request to
the Superintendent for an extension of the leave of
absence for an additional 2-year term. The Super-
intendent may not unreasonably withhold approval
of the request.
(3) RIGHTS UPON TERMINATION OF LEAVE.—
An employee granted an extended leave of absence
without pay for the purpose described in paragraph
(1) shall have the same rights and benefits under
law upon termination of such leave of absence as an
employee of the District of Columbia public schools
who is granted an extended leave of absence without
pay for any other purpose.
(b) RETIREMENT SYSTEM.—
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(1) CREDITABLE SERVICE.—An employee of a
public charter school who has received a leave of ab-
sence under subsection (a) shall receive creditable
service, as defined in section 2604 of D.C. Law 2–
139, effective March 3, 1979, (D.C. Code, sec. 1–
627.4) and the rules established under such section,
for the period of the employee’s employment at the
public charter school.
(2) AUTHORITY TO ESTABLISH SEPARATE SYS-
TEM.—A public charter school may establish a re-
tirement system for employees under its authority.
(3) ELECTION
OF
RETIREMENT
SYSTEM.—A
former employee of the District of Columbia public
schools who become an employee of a public charter
school within 60 after the date the employee’s em-
ployment with the District of Columbia public
schools is terminated may, at the time the employee
commences employment with the public charter
school, elect—
(A) to remain in a District of Columbia
government retirement system and continue to
receive creditable service for the period of their
employment at a public charter school; or
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(B) to transfer into a retirement system
established by the public charter school pursu-
ant to paragraph (2) .
(4) PROHIBITED EMPLOYMENT CONDITIONS.—
No public charter school may require a former em-
ployee of the District of Columbia public schools to
transfer to the public charter school’s retirement
system as a condition of employment.
(5) CONTRIBUTIONS.—
(A) EMPLOYEES ELECTING NOT TO TRANS-
FER.—In the case of a former employee of the
District of Columbia public schools who elects
to remain in a District of Columbia government
retirement system pursuant to paragraph
(3)(A), the public charter school that employs
the person shall make the same contribution to
such system on behalf of the person as the Dis-
trict of Columbia would have been required to
make if the person had continued to be an em-
ployee of the District of Columbia public
schools.
(B) EMPLOYEES
ELECTING
TO
TRANS-
FER.—In the case of a former employee of the
District of Columbia public schools who elects
to transfer into a retirement system of a public
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charter school pursuant to paragraph (3)(B),
the applicable District of Columbia government
retirement system from which the former em-
ployee is transferring shall compute the employ-
ee’s contribution to that system and transfer
this amount, to the retirement system by the
public charter school.
(c) EMPLOYMENT STATUS.—Notwithstanding any
other provision of law, an employee of a public charter
school shall not be considered to be an employee of the
District of Columbia government for any purpose.
SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPOR-
TATION.
A student attending a public charter school shall be
eligible for reduced fares on the Metrobus and Metrorail
Transit System on the same terms and conditions as are
applicable under section 2 of D.C. Law 2–152, effective
March 9, 1979, (D.C. Code, sec. 44–216 et seq.) to a stu-
dent attending a District of Columbia public school.
SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV-
ICES TO PUBLIC CHARTER SCHOOLS.
The Superintendent may provide services such as fa-
cilities maintenance to public charter schools. All com-
pensation for costs of such services shall be subject to ne-
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gotiation and mutual agreement between a public charter
school and the Superintendent.
SEC. 2160. APPLICATION OF LAW.
(a) ELEMENTARY
AND
SECONDARY
EDUCATION
ACT.—
(1) TREATMENT
AS
LOCAL
EDUCATIONAL
AGENCY.—For any fiscal year, a public charter
school shall be considered to be a local educational
agency for purposes of part A of title I of the Ele-
mentary and Secondary Education Act of 1965, and
shall be eligible for assistance under such part, if the
percentage of pupils enrolled in the public charter
school during the preceding fiscal year who were eli-
gible for, and received, free or reduced price school
lunches under the National School Lunch Act is
equal to or greater than the lowest such percentage
for any District of Columbia public school that was
selected to provide services under section 1113 of
such Act for such preceding year.
(2) ALLOCATION
FOR
FISCAL
YEARS
1996
THROUGH 1998.—
(A) PUBLIC CHARTER SCHOOLS.—For fis-
cal years 1996 through 1998, each public char-
ter school that is eligible to receive assistance
under part A of title I of the Elementary and
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Secondary Education Act of 1965 shall receive
a portion of the District of Columbia’s total al-
location under such part which bears the same
ratio to such total allocation as the number de-
scribed in subparagraph (C) bears to the num-
ber described in subparagraph (D).
(B) 
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOLS.—For fiscal years 1996 through
1998, the District of Columbia public schools
shall receive a portion of the District of Colum-
bia’s total allocation under part A of title I of
the Elementary and Secondary Education Act
of 1965 which bears the same ratio to such
total allocation as the total of the numbers de-
scribed in clauses (ii) and (iii) of paragraph
(2)(D) bears to the aggregate total described in
paragraph (2)(D).
(C) NUMBER
OF
ELIGIBLE
PUPILS
EN-
ROLLED IN THE PUBLIC CHARTER SCHOOL.—
The number described in this subparagraph is
the number of pupils enrolled in the public
charter school during the preceding fiscal year
who were eligible for, and received, free or re-
duced price school lunches under the National
School Lunch Act.
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(D) AGGREGATE
NUMBER
OF
ELIGIBLE
PUPILS.—The number described in this sub-
paragraph is the aggregate total of the follow-
ing numbers:
(i) The number of pupils enrolled dur-
ing the preceding fiscal year in all eligible
public charter schools who were eligible
for, and received, free or reduced price
school lunches under the National School
Lunch Act.
(ii) The number of pupils who, during
the preceding fiscal year—
(I) were enrolled in a District of
Columbia public school selected to
provide services under section 1113 of
the Elementary and Secondary Edu-
cation Act of 1965; and
(II) were eligible for, and re-
ceived, free or reduced price school
lunches under the National School
Lunch Act.
(iii) The number of pupils who, during
the preceding fiscal year—
(I) were enrolled in a private or
independent school;
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(II) were eligible for, and re-
ceived, free or reduced price school
lunches under the National School
Lunch Act; and
(III) resided in an attendance
area of a District of Columbia public
school selected to provide services
under section 1113 of the Elementary
and Secondary Education Act of
1965.
(3) ALLOCATION FOR FISCAL YEAR 1999 AND
THEREAFTER.—
(A) CALCULATION BY SECRETARY.—Not-
withstanding sections 1124(a)(2), 1124(c)(2),
1124A(a)(4), 1125(c)(2), and 1125(d) of the
Elementary and Secondary Education Act of
1965, for fiscal year 1999 and fiscal years
thereafter, the total allocation under part A of
title I of such Act for all local educational agen-
cies in the District of Columbia, including pub-
lic charter schools that are eligible to receive as-
sistance under such part, shall be calculated by
the Secretary of Education. In making such cal-
culation, such Secretary shall treat all such
local educational agencies as if they were a sin-
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gle local educational agency for the District of
Columbia.
(B) ALLOCATION.—
(i) PUBLIC CHARTER SCHOOLS.—For
fiscal year 1999 and fiscal years there-
after, each public charter school that is eli-
gible to receive assistance under part A of
title I of the Elementary and Secondary
Education Act of 1965 shall receive a por-
tion of the total allocation calculated under
subparagraph (A) which bears the same
ratio to such total allocation as the number
described in paragraph (2)(C) bears to the
number described in paragraph (2)(D).
(ii) DISTRICT OF COLUMBIA PUBLIC
SCHOOLS.—For fiscal year 1999 and fiscal
years thereafter, the District of Columbia
public schools shall receive a portion of the
total allocation calculated under subpara-
graph (A) which bears the same ratio to
such total allocation as the total of the
numbers described in clauses (ii) and (iii)
of paragraph (2)(D) bears to the aggregate
total described in paragraph (2)(D).
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(4) USE OF ESEA FUNDS.—The Board of Edu-
cation may not direct a public charter school in the
charter school’s use of funds under part A of title
I of the Elementary and Secondary Education Act
of 1965.
(5) INAPPLICABILITY OF CERTAIN ESEA PROVI-
SIONS.—The following provisions of the Elementary
and Secondary Education Act of 1965 shall not
apply to a public charter school:
(A) Paragraphs (5), (8), and (9) of section
1112(b).
(B) Subsection 1112(c).
(C) Section 1113.
(D) Section 1115A.
(E) Subsections (a), (b), and (c) of section
1116.
(F) Subsections (a), (c), (d), (e), (f), and
(g) of section 1118.
(G) Section 1120.
(H) Subsections (a) and (c) of section
1120A.
(I) Section 1120B.
(J) Section 1126.
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(b) PROPERTY AND SALES TAXES.—A public charter
school shall be exempt from District of Columbia property
and sales taxes.
SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING
AUTHORITIES.
(a) OVERSIGHT.—
(1) IN GENERAL.—An eligible chartering au-
thority—
(A) shall monitor the operations of each
public charter school to which the authority has
granted a charter;
(B) shall ensure that each such school
complies with applicable laws and the provisions
of the charter granted to the school; and
(C) shall monitor the progress of each such
school in meeting student academic achievement
expectations specified in the charter granted to
the school.
(2) PRODUCTION OF BOOKS AND RECORDS.—
An eligible chartering authority may require a public
charter school to which the authority has granted a
charter to produce any book, record, paper, or docu-
ment, if the authority determines that such produc-
tion is necessary for the authority to carry out its
functions under this title.
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(b) FEES.—
(1) APPLICATION FEE.—An eligible chartering
authority may charge an eligible applicant a fee, not
to exceed $150, for processing a petition to establish
a public charter school.
(2) ADMINISTRATION FEE.—In the case of an
eligible chartering authority that has granted a char-
ter to an public charter school, the authority may
charge the school a fee, not to exceed one-half of one
percent of the annual budget of the school, to cover
the cost of undertaking the ongoing administrative
responsibilities of the authority with respect to the
school that are described in this subtitle. The school
shall pay the fee to the eligible chartering authority
not later than November 15 of each year.
(c) IMMUNITY FROM CIVIL LIABILITY.—
(1) IN GENERAL.—An eligible chartering au-
thority, a governing board of such an authority, and
the directors, officers, employees, and volunteers of
such an authority, shall be immune from civil liabil-
ity, both personally and professionally, for any act or
omission within the scope of their official duties un-
less the act or omission—
(A) constitutes gross negligence;
(B) constitutes an intentional tort; or
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(C) is criminal in nature.
(2) COMMON
LAW
IMMUNITY
PRESERVED.—
Paragraph (1) shall not be construed to abrogate
any immunity under common law of a person de-
scribed in such paragraph.
SEC. 2162. CHARTER RENEWAL.
(a) TERM.—A charter granted to a public charter
school shall remain in force for a 5-year period, but may
be renewed for an unlimited number of 5-year periods.
(b) APPLICATION FOR CHARTER RENEWAL.—In the
case of a public charter school that desires to renew its
charter, the Board of Trustees of the school shall file an
application to renew the charter with the eligible charter-
ing authority that granted the charter not later than 120
days before the expiration of the charter. The application
shall contain the following:
(1) A report on the progress of the public char-
ter school in achieving the goals, student academic
achievement expectations, and other terms of the ap-
proved charter.
(2) All audited financial statements for the pub-
lic charter school for the preceding 4 years.
(c) APPROVAL
OF CHARTER RENEWAL APPLICA-
TION.—The eligible chartering authority that granted a
charter shall approve an application to renew the charter
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that is filed in accordance with subsection (b) unless the
authority determines that—
(1) the school committed a material violation of
the conditions, terms, standards, or procedures set
forth in the charter; or
(2) the school failed to meet the goals and stu-
dent academic achievement expectations set forth in
the charter.
(d) PROCEDURES FOR CONSIDERATION OF CHARTER
RENEWAL.—
(1) NOTICE OF RIGHT TO HEARING.—An eligi-
ble chartering authority that has received an appli-
cation to renew a charter that is filed by a Board
of Trustees in accordance with subsection (b) shall
provide to the Board written notice of the right to
an informal hearing on the application. The eligible
chartering authority shall provide the notice not
later than 15 days after the date on which the au-
thority received the application.
(2) REQUEST FOR HEARING.—Not later than
15 days after the date on which a Board of Trustees
receives a notice under paragraph (1), the Board
may request, in writing, an informal hearing on the
application before the eligible chartering authority.
(3) DATE AND TIME OF HEARING.—
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(A) NOTICE.—Upon receiving a timely
written request for a hearing under paragraph
(2), an eligible chartering authority shall set a
date and time for the hearing and shall provide
reasonable notice of the date and time, as well
as the procedures to be followed at the hearing,
to the Board.
(B) 
DEADLINE.—An 
informal 
hearing
under this subsection shall take place not later
than 30 days after an eligible chartering au-
thority receives a timely written request for the
hearing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering au-
thority shall render a final decision, in writing,
on an application to renew a charter—
(i) not later than 30 days after the
date on which the authority provided the
written notice of the right to a hearing, in
the case of an application with respect to
which such a hearing is not held; and
(ii) not later than 30 days after the
date on which the hearing is concluded, in
the case of an application with respect to
which a hearing is held.
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(B) REASONS FOR NONRENEWAL.—An eli-
gible chartering authority that denies an appli-
cation to renew a charter shall state in its deci-
sion, in reasonable detail, the grounds for the
denial.
(5) ALTERNATIVES
UPON
NONRENEWAL.—An
eligible chartering authority that denies an applica-
tion to renew a charter granted to a public charter
school, or whose decision approving such an applica-
tion is reversed under section 2162(e), may—
(A) manage the school directly until alter-
native arrangements can be made for students
at the school; or
(B) place the school in a probationary sta-
tus that requires the school to take remedial ac-
tions, to be determined by the authority, that
directly relate to the grounds for the denial.
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision
by an eligible chartering authority to deny an
application to renew a charter shall be subject
to judicial review.
(B) STANDARD OF REVIEW.—A decision by
an eligible chartering authority to deny an ap-
plication to renew a charter shall be upheld un-
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less the decision is arbitrary and capricious or
clearly erroneous.
(e) BOARD OF EDUCATION RENEWAL REVIEW.—
(1) NOTICE OF DECISION TO RENEW.—An eligi-
ble chartering authority, other than the Board of
Education, that renders a decision to approve an ap-
plication to renew a charter granted to a public
charter school—
(A) shall provide a copy of the decision to
the Superintendent, the Board of Education,
and the school not later than 3 days after the
decision is rendered; and
(B) shall publish the decision in the Dis-
trict of Columbia Register not later than 5 days
after the decision is rendered.
(2) 
RECOMMENDATION
OF
SUPERINTEND-
ENT.—Not later than 30 days after an eligible char-
tering authority provides a copy of a decision ap-
proving an application to renew a charter to the Su-
perintendent under paragraph (1), the Superintend-
ent may recommend to the Board of Education, in
writing, that the decision be reversed.
(3) STANDARD OF REVIEW BY BOARD OF EDU-
CATION.—The Board of Education may concur in a
recommendation of the Superintendent under para-
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graph (2), and reverse a decision approving an appli-
cation to renew a charter granted to a public charter
school, if the Board of Education determines that—
(A) the school failed to meet the goals and
student academic achievement expectations set
forth in the charter, in the case of a school that
has a student body the majority of which com-
prises students with special needs; or
(B) the average test score for all students
enrolled in the school was less than the average
test score for all students enrolled in the Dis-
trict of Columbia public schools on the most re-
cently administered the district-wide assess-
ments, in the case of a school that has a stu-
dent body the majority of which does not com-
prise students with special needs.
(4) PROCEDURES FOR REVERSING DECISION.—
(A) NOTICE OF RIGHT TO HEARING.—In
any case in which the Board of Education is
considering reversing a decision approving an
application to renew a charter granted to a
public charter school, the Board of Education
shall provide to the Board of Trustees of the
school a written notice stating in reasonable de-
tail the grounds for the proposed reversal. The
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notice shall inform the Board of Trustees of the
right to an informal hearing on the proposed
reversal.
(B) REQUEST
FOR
HEARING.—Not later
than 15 days after the date on which a Board
of Trustees receives a notice under subpara-
graph (A), the Board may request, in writing,
an informal hearing on the proposed reversal
before the Board of Education.
(C) DATE AND TIME OF HEARING.—
(i) NOTICE.—Upon receiving a timely
written request for a hearing under sub-
paragraph (B), the Board of Education
shall set a date and time for the hearing
and shall provide reasonable notice of the
date and time, as well as the procedures to
be followed at the hearing, to the Board of
Trustees.
(ii) DEADLINE.—An informal hearing
under this paragraph shall take place not
later than 30 days after the Board of Edu-
cation receives a timely written request for
the hearing under subparagraph (B).
(D) FINAL DECISION.—
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(i) DEADLINE.—The Board of Edu-
cation shall render a final decision, in writ-
ing, on the proposed reversal—
(I) not later than 30 days after
the date on which the Board of Edu-
cation provided the written notice of
the right to a hearing, in the case of
a proposed reversal with respect to
which such a hearing is not held; and
(II) not later than 30 days after
the date on which the hearing is con-
cluded, in the case of a proposed re-
versal with respect to which a hearing
is held.
(ii) REASONS FOR REVERSAL.—If the
Board of Education reverses a decision ap-
proving an application to renew a charter,
the Board of Education shall state in its
decision, in reasonable detail, the grounds
for the reversal.
(E) JUDICIAL REVIEW.—
(i) AVAILABILITY OF REVIEW.—A de-
cision by the Board of Education to re-
verse a decision approving an application
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to renew a charter shall be subject to judi-
cial review.
(ii) STANDARD OF REVIEW.—A deci-
sion by the Board of Education to reverse
a decision approving an application to
renew a charter shall be upheld unless the
decision is arbitrary and capricious or
clearly erroneous.
SEC. 2163. CHARTER REVOCATION.
(a) CHARTER
OR LAW VIOLATIONS.—An eligible
chartering authority that has granted a charter to a public
charter school may revoke the charter if the authority de-
termines that the school has committed a violation of ap-
plicable laws or a material violation of the conditions,
terms, standards, or procedures set forth in the charter.
(b) FISCAL MISMANAGEMENT.—An eligible charter-
ing authority that has granted a charter to a public char-
ter school shall revoke the charter if the authority deter-
mines that the school—
(1) has engaged in a pattern of nonadherence
to generally accepted accounting principles;
(2) has engaged in a pattern of fiscal mis-
management; or
(3) is no longer economically viable.