Senate called to order at 10:29 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Dave Ditolla.
Father God, what a privilege it is to come into Your presence this morning. Lord, as we look at the many challenges facing our nation and our state, we realize that we don't have all the answers. We need help.
God, for the problems that seem unsolvable, remind us that You are God and we're not. Remind us also that if we do our absolute best and we trust You, then You promise to make up the difference. Please make up the difference. It is in Your Name that we pray.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.

Mr. President pro Tempore:
Your Committee on Finance, to which were referred Senate Bills Nos. 34, 180, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

William J. Raggio,

Chairman

Assembly Chamber, Carson City, May 7, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 272.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 315, 408.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Parks, Hickey and lee as a first Committee on Conference concerning Assembly Bill No. 66.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senate Resolution No. 5-- Inducting Ira L. Winters into the Senate Hall of Fame.

Assembly Chamber, Carson City, May 8, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 22.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Concurrent Resolution No. 22--Recognizing May 8 as the Day of Remembrance for Victims of the Holocaust and commending Irene Gut Opdyke for her bravery during those years.

Senator O'Donnell:
Thank you, Mr. President pro Tempore. I was very moved by the words of the speaker today in the Assembly. She gave an outstanding presentation about what happened during World War II. I can't say enough about what she did. The woman suffered a great deal of pain and agony in order to survive. Instead of thinking of herself, she thought of others. To the detriment of her own personal life, she thought of those others. I was very moved and also very proud.

Senator Raggio:
Thank you, Mr. President pro Tempore. I know we have a lot of other business to attend to today, but I think this is a very important resolution and one which deserves more comment. I, too, was extremely moved by the address given by Mrs. Opdyke. I am sure that everyone felt the same.
I, of course, have never had that kind of experience, but I need to tell you that those of us during World War II knew what was going on around us and were extremely concerned. I was a high school student in Reno during World War II until I entered military service in 1944. At that time, there was no real end in sight to World War II. Adolph Hitler was overrunning the world, as was Mussolini and Tojo of Japan. We did not have much hope that there ever would be peace in the world. The Nazi party was overrunning Europe and fighting in Russia. The blitz was on in England and it was scary. We were not thinking of what we might do when we got out of high school because we knew we would be going into military service. That was nothing compared to the horror that the Jews in Europe and people like Mrs. Opdyke were experiencing.
Several years ago we had Senator Beyer in this body. I know some of you will remember his own tearful rendition of what occurred with him, much like that of Mrs. Opdyke. He grew up in Denmark and his family sheltered Jews in that country. He had the same kind of emotional residue from that experience.
My wife and I were part of an official delegation which was invited to visit Israel. I will never forget the experience of going through the Museum of the Holocaust in Israel. It is tough to even walk through it. When you think about each human being depicted in that museum and the horror of the 6 millions Jews who were tortured and exterminated, it is a very moving experience.
I just wanted to reflect on the moment.

Senator Neal:
Thank you, Mr. President pro Tempore. I too, would like to say a few words in reference to this resolution. The Englishman John Dunne said it best when he wrote the poem "No Man Is An Island." He said in this poem that "each man's death diminished me because I am part of mankind. No man is an island to himself alone, that each man is a part of the continent, the piece of the man. Ask not for whom the bells toll, they toll for thee." In reading this resolution concerning the life of Mrs. Opdyke, she was a true representative of the spirit of John Dunne's poem. As a person of the whole of mankind, against formidable odds and much danger to herself, she saw a need to assist the people who were being eradicated based upon their religious belief. It speaks to us today, even though that war is over and that we should never forget that each of us have a responsibility, all of us to one another. When one has fallen or has been taken advantage of, based on some principle that seeks to eradicate that individual because of his belief, it becomes our job, our duty and our responsibility to gather to the side of that individual. Those of you who had the opportunity to read "The Rise and Fall of the Third Reich" by William Shirer know how destructive that government was. And, if people, at the time had not appeased that operation, it could have been stopped very, very early on. But, we let it go on and a lot of us people at that time folded their arms and said "no" it is not me, it is those other folks. I think I have said before, on this floor, in repeating the story of the Methodist, when the Third Reich came after the Gypsies, said "no, it is not my concern, it is not me." When they came after the Jews, "no, it is not my concern, they are not after me." Then, when they finally came after him, there was nobody. So, the story that Mrs. Opdyke told us today is one that should be remembered through time immemorial because it says to us, in reciting what happened during the period of the Holocaust, that should never, never happen again.
I support the resolution, Mr. President pro Tempore on that basis.
Resolution adopted.

By the Committee on Commerce and Labor:
Senate Concurrent Resolution No. 35--Directs Legislative Committee on Health Care to study access to insurance for health care for the residents of the State of Nevada.
Senator Townsend moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

By the Committee on Finance:
Senate Bill No. 379--An Act relating to education; requiring the department of education to evaluate the performance of public schools; creating a council to evaluate the performance of a school under certain circumstances; revising provisions relating to the accountability of public schools; revising provisions governing the financial reports of a school district; creating a commission on educational technology; revising provisions governing the administration of certain examinations to pupils; requiring pupils to participate in remedial programs under certain circumstances; creating a legislative committee on education; creating a legislative bureau of educational accountability and program evaluation; requiring the state board of education to adopt standards of content and performance in and examinations of achievement and proficiency for certain courses of study; making appropriations; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 380--An Act making a supplemental appropriation to the Division of Museums and History of the Department of Museums, Library and Arts to offset the unanticipated shortfall in the revenue from admissions at the Nevada State Museum and Historical Society in Las Vegas; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 315.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 408.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 241.
Bill read second time and ordered to third reading.

Senator Washington moved that Senate Bill No. 285 be taken from the General File and re-referred to the Committee on Finance..
Remarks by Senator Washington.
Motion carried.

Senate Bill No. 169.
Bill read third time.
Remarks by Senator Adler.
Roll call on Senate Bill No. 169:
Yeas--21.
Nays--None.
Senate Bill No. 169 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 220.
Bill read third time.
Remarks by Senators Rawson, Porter, Adler, Schneider, Wiener and Washington.
Senator Porter requested that the following remarks be entered in the Journal.
Senator Rawson:
Thank you, Mr. President pro Tempore. As chairman of the Committee on Human Resources and Facilities, I wanted to say a few introductory words concerning this measure. I would like to let the body know that this is a bill which has taken years to get to this point. There has been extensive interim work on this representative of every group imaginable that has an interest in it. There has been extensive dialogue and a very real, legitimate and good process of communication and compromise and working it out for the best good. The bill does deal with charter schools and allows something we have not had available to us before. It is not as revolutionary as it could be if there was not an attempt to satisfy all the interests and concerns. It is not as risky as it would be if it weren't for the process it has gone through. I compliment all of those who have brought it to the stage where it could be heard in committee and worked by that committee so that the floor could consider this measure. I believe this to be a safe bill for the legislature to consider. I think there are enthusiastic groups out there that will use the features of this bill to develop new things within our educational system. I think that will be exciting to all of us. I would heartily recommend passage of this measure.

Senator Porter:
I would like to take this body back in time a little bit, to the end of the last century and the beginning of this one. America had a series of community schools and cities had their own neighborhood schools.
Even in Nevada, school districts usually consisted of a single school, each with its own governing board, usually consisting of parents with school-age children and community leaders. In this state, as in others, the education statutes were mostly financial - consisting of procedures for forming taxing districts for the schools and for the payment of personnel. If the town was dissatisfied with a school's performance, changes were made - easily and swiftly.
Well, I have just taken you back to the future - what I have described is the concept behind charter schools and the national charter school movement.
What are charter schools?
Charter schools create an alternative form of public schooling. The goal of charter schools is to lift restraints from public schools so they can pursue innovative teaching methods that will improve student performance. They are designed to give significant autonomy to individual schools and, in turn, to hold those schools accountable for results.
A charter is essentially a contract, negotiated between those people starting the school and the official body authorized to approve the charter. The charter spells out how the school will be run, what will be taught, how success will be measured, and what students will achieve. As long as the school meets the terms of its charter, it is free of many of the rules and regulations that apply to other public schools. And, unlike other schools, if a charter school fails to meet these terms, the charter can be revoked and the school closed.
Now, what do we know about charter schools? As of November, 1996, 25 states have formed charter schools on their books although the long-term impact of charter schools is still uncertain some actual questions can still be addressed. How many charter schools are there? As of November, 1996, there were 481 charter schools operating nationwide serving a total of 105,149 students. Estimates stand today that by September of 1997, there will be close to 700 charter schools in existence in the United States. This figure is nearly double from the number operating at the end of 1995. The numbers of such schools varied depending upon degree of fiscal and legal autonomy granted by those schools. The six states with expansive laws have 422 schools in operation and the remaining 59 operated in the 19 states with more restrictive laws.
What do charter schools look like? I think many of us envision a school to be a red brick building with a flag on the top. No two charter schools look alike. Some offer a specialized teaching method. Others emphasize a particular subject such as science or the arts. Others serve specialized populations such as dropouts. School populations range from ten students to 1,200. Some are housed in converted churches or in regular school buildings. As of the 1995-96 school year, the majority of the charter schools, 34 percent, served elementary populations, defined as kindergarten through fifth grade. An additional 20 percent serve kindergarten through eighth grade. Over 16 percent were high school level and 12 percent served kindergarten through twelfth grade. The balance served as a mixture of grades. Existing charter schools are typically small with 42 percent enrolling less than 100 pupils. Eighty-eight percent have enrolled under 500 students. Such schools may be small since a portion of the operating budget is used to pay for building space. Most of the schools feel that smaller is better. So, not only were the charters built on fiscal economy and responsibility, they were built on that principle that smaller is better. Most operate with greater efficiency by focusing upon a core curriculum without needing supporting numerous electives.
A very big question, who are the students that are being served? Critics of charter schools often warn that such schools will cream off the best students leaving minority and special needs students underserved. Preliminary data indicates that charter schools are often serving those populations at a higher rate than do the public schools. Using the five states with the highest number of charters, 18 percent have African-American enrollments versus a statewide average of seven percent. Hispanic students are enrolled at an even 12 percent for those charters and traditional schools. Native Americans are enrolled at five percent versus two percent for traditional schools.
With regard to low-income students, nationwide data is not available since most charter schools do not participate in federal school lunch programs. Some local studies showed that less affluent communities have had difficulty establishing charter schools. Other studies show though that these schools serve a larger percentage of low-income students than do the surrounding schools. Many charters target special needs students. Their schools serve juvenile offenders, such as the Rite of Passage in Yerington, droupouts, students with learning disabilities and schools for the deaf. A 1995 survey indicated over half of the schools were created to serve at-risk students nationwide. Charter schools are not creaming off the best students but are attracting a large number of students who were not succeeding in the traditional public school systems.
We were also asked throughout the process, what are the impacts that charter schools will be having on education.
Impact No. 1 - Student outcomes, since all reports are local, information on student outcomes is limited. However, certain schools are reported after they make successes. A Minnnesota school serving former dropouts reported 100 percent placement in post-secondary programs. Test score reports from other schools in California show significant increases. However, a big concern for charter schools involves the development of measurable performance standards and expectations. Other studies of performance are being conducted in many of these states that have charter schools.
Impact No. 2 -Students are being attracted back to public schools. Charter schools are attracting a number of students that previously had been enrolled in private schools or had been home schooled. In Arizona alone, 19 percent of the charter school students previously were in private schools. Nine percent were previously home schooled since a number of such schools focus on former dropouts; this population also has returned to public education.
Impact No. 3 -Final involvement and satisfaction. Initial surveys in various states show a high rate of parental satisfaction with charter schools. The attractive features of the schools include smaller classes, longer classes and school resources. The surveys also show that parental involvement is much higher in most charter schools. A small number of parents were dissatisfied with things such as lack of resources, space and some first year growing pains.
Impact No. 4. -Innovative practices. A large number of charter schools have implemented innovative practices or programs such as individualized learning, technology based learning, site-based governance; graduation/learning standards; community service programs; multi-age grouping; changes in school schedules; and so on. In general such schools are perceived by parents as being more open; having high student expectations; and having an improved curriculum and dedicated teachers.
Impact No. 5 -Teacher attraction, satisfaction, and professionalism. Charter schools are schools of choice for teachers despite linger working hours and, in some cases, lower average salaries. Such schools appear to provide a strong sense of professionalism. Surveys indicate that many leave the tradtional system for various reasons including freedom and flexibility; a family teaching atmosphere; increased decision-making; a dedicated staff; and increased accountablity. Negatives include lack of resources, inadequate facilities, and increased demands of working with at-risk students. Low salaries were not mentioned.
Other visible impacts: Charter schools appear to initiated a "ripple effect" in surrounding traditional public schools. In response to charter school successes in Colorado and Minnesota, some public schools have begun to offer charter-like programs, such as special focus schools and Montessori-type programs. Some districts are instructing staff to treat parents and students more like customers. Some charter schools provide good examples of sound fiscal management and have realized budget surpluses that have been used to increase instructional services.
What are the problems? So far, only five schools have had their charters revoked; one for financial mismanagement; one for possible fraud; one for exceeding its authority; and the others for various policy problems involving the sponsor. A recent Hudson Institute report identified other problems associated with charter schools including: inadequate capital funding and facilities; cash flow problems; excessive regulations and paperwork requirements; struggles obtaining local board sponsorship; business management difficulties; and inadequate planning time.
What does the future hold for charter schools? The number of charter schools continue to grow; however, opponents continue to offer criticism which I believe our bill, Senate Bill No. 220, will address. Questions remain nationally about the ability of charter schools to operate within existing financing systems; will at-risk students be adequately served; are schools being held to accountability provisions; and can a small number of such school have an impact upon the very large traditional systems that exist in the states. Preliminary date show that charter schools hold great promise; they appear to be successfully educating students and encouraging reform. They appear to be an important component in long-term education reform efforts.
Mr. President pro Tempore, in summary, Senate Bill No. 220 authorizes the formation of charter schools in Nevada. The measure sets forth the process required to form a charter school and restricts the number of schools for a period of six years. The bill also provides for financial support for charter schools in Nevada. Further, the act provides that such schools are exempt from any statutory requirements found in the education code. However, the measure specifies that charter schools are subject to the same accountability, health and safety provisions that apply to traditional public schools. Finally, the bill authorizes the schools to participate in certain state and federal programs.
Mr. President pro Tempore, it would be appropriate at this time to expand upon what Senator Rawson mentioned in my thank you to all the parents, the teachers, administrators, the citizens that have worked on this bill and certainly to our staff here at the legislature and Senate Human Resources and Facilities but more importantly to the three senators who have spent literally hundreds of hours since January formulating this bill. At this time I would ask that the other senators who have worked on the bill provide a more detailed description of key elements contained within the legislation.
Senator Adler:
Thank you, Mr. President pro Tempore I would like to comment on the remarks made by Senator Porter. Many times we are criticized in this body for being partisan. This bill is truly a bipartisan bill. I talked with Senator Porter early on and asked him why we have four charter school bills. His reaction was that he didn't know why. So, we all got together, sat down and went through the key components of charter schools. Even though we all come from a very different position on charter school and why we support charter schools, after we looked at the audit reports from different states and our own research, we were able to come up with a compromise charter school bill which is now being presented to this body. I believe we have been very careful in crafting this measure. We have gone over many other states' charter school legislation such as California. I believe that this bill represents a vast improvement over the charter school bills presented in other state legislatures. We have taken a lot of time to make sure this is a carefully crafted bill and one which both democrats and republicans can support.
There has been some comment as to what is a charter school. The most important portion is that it is a public school which is designed to provide an innovative educational experience. Our goals, in crafting this bill, were to improve learning opportunities for students. That was the number one goal.
The second was to encourage effective teaching methods by teachers. Charter school teachers are much more involved in the governments process of the school and the selection of the curriculum than standard public school teachers are. That was extremely important to us that we allow teachers to be innovative, to do new programs, to do things which they know will work to enhance student performance.
The third item we looked at was parental involvement. Charter schools provide for a higher level of parental involvement. For instance, they can sit of the governing board of a charter school as can teachers. Many charter schools in California require, as a condition of having your child enrolled at the school, the parent must perform 40 hours of community and volunteer service at the school each year. That extends from volunteering in the classroom to other functions for the school. I think that is extremely important and is something we have gotten away from in public education in this country. Charter schools enable every parent to be involved in their children's education.
Finally, charter schools are held accountable for pupil outcomes and teacher achievement. I think that is an extremely important message we need to send. We have an interesting paradigm currently in the State of Nevada and in virtually every state in the Union. As long as you have a school which abides by a state law and by the regulations of the Department of Education, you are defined as having a good school. That is true even if the school is not achieving and is not really a good school from the prospect that it does not educate students. Charter schools take an opposite bent from that. Charter schools are not required to abide by most regulations of the Department of Education; however, they are held accountable for student performance. The manner in which they are held accountable is that they must file accountability reports with the sponsor on an annual basis showing how they have increased student achievement, increased professional development of their teachers and how they have been financially accountable for the money provided them by the state for the education of students.
In essence, what we are saying in the charter school bill is that schools should be more concerned about performance and less concerned about whether they meet the regulations of the Department of Education. I think that is the bottom line here. We are also concerned about autonomy and that is the key issue which separates charter schools from regular public schools. Senate Bill No. 220 allows a charter school to opt out of what has been a cookie-cutter set of laws and regulations. It allows those schools to succeed by reaching children with fresh, innovative techniques not used in regular public schools.
One of the arguments we heard against charter schools is that there is a concern that they may be superior to regular public schools or may even be an elite school. After we heard that discussion, I think that does not make good sense. Our goal, as legislators, is to make sure that every school in Nevada is an elite school. That every school is a good school and we should make certain that every school in Nevada makes certain that our students can get the best quality of education possible.
At this point, I will describe how charter schools are created. Senate Bill 220 allows for the formation of new charter schools, or the conversion of existing public schools. An existing private school may not convert itself into a charter school. Specifically, a committee to form a charter school, consisting of at least two licensed teachers, may apply for a charter to a school district board of trustees or to the State Board of Education.
The application must contain information concerning the mission and goals of the school; evidence of support from the parents and community; projected enrollment; a financial plan; and the qualifications of instructional personnel. In addition, the application must describe the proposed curriculum and textbooks; the governance system; a dispute resolution mechanism; a process for negotiating employment contracts; and a pupil transportation plan. If the committee to form a charter school is attempting to convert an existing public school, the application also must contain evidence of support from more than half of the full-time teachers at that school.
The measure limits the number of charter schools to 25, with no more than 12 to be located in any one school district - this cap sunsets September 30, 2003.
Role of Sponsor.
Each of charter school must have a sponsor. A school district board of trustees or the State Board of Education may serve as a sponsor of a charter school. The bill requires that a charter school sponsor approve an application if it complies with the provisions of the charter school law and ensures a statewide uniform system of education. The sponsor must grant a charter based upon its approval of the school's application and upon agreement by the school to certain requirements.
The charter itself specifies a series of academic, financial and operational guidelines. The sponsor is required to provide general oversight to ensure a school's compliance with the conditions of the charter through yearly reviews of certain reports concerning the school's academic, operation and fiscal condition.
Additional concerns were regarding licensure of teachers. Teachers in grades one through five will be required to be licensed instructors. We looked at this in other states and it appeared that uniformly that is the direction of charter schools. In grades six through twelve, there will be required licensure in certain core academic subjects. If the school specializes in non-academic subjects, instructors in the speciality subjects must be subject to licensure.
Charter schools which specialize in the building industry and trades, the full-time instructors must be licensed and at lease one-half the charter school instructors must be licensed. Charter schools may used unlicensed teachers or persons with conditional license under certain circumstances. Schools may not employ instructional personnel whose license has been suspended or revoked. All employees must submit a set of fingerprints and undergo a criminal background.
Further, the measure specifies that charter school employees have the option to bargain collectively, or refrain from bargaining collectively. Should the employee wish to remain part of an existing bargaining unit, both the employee and governing body must agree. Unless specified in a contract between the governing body and the mployees, certain standard definitions and provisions concerning employee absences apply. Employees on leave of absence from the school district may retain seniority for up to six years. In addition, salaries must be included in employment contracts executed between the employee and the governing body. Charter school teacher salaries are considered prior claims upon the school district fund. Charter school teachers have the same immunity from liability and retirement benefits as do other public school teachers.
Senator Schneider:
Thank you, Mr. President pro Tempore. First of all, I stand in support of this bill and would like to compliment the chairman of Senate Concurrent Resolution No. 30 on his work on the bill, the fine senator from Boulder City. He did select me as his vice chairman on Senate Concurrent Resolution No. 30 which was an honor since I represented the Assembly in that. I watched the senator from Boulder City as he skillfully worked with labor groups, the chamber of commerce and many different business people, the administrators and heads of different school districts throughout the state. He then crafted the bill which is very good coming out of Senate Concurrent Resolution No. 30. That resolution dealt mainly with reconfiguring school districts. He was able to work his way through that and come out with some good charter bills. I support these. However, Mr. President pro Tempore, I do have one problem which is in Section 10, page 5, where it says that not more than 25 charter schools may be established in this state with no more than 12 charter schools in any one county. In our interim study, we recommended six charter school statewide and that was nearly a unanimous decision of everyone. It had to do with the fact that we did not want charter schools to fail. We wanted these charter schools to succeed. We wanted the large school districts to concentrate and give these charters all the help they needed so that they would be successful. If we then increased the number of charter included in this bill, if we went two, three, four or more, that would be acceptable but we have now gone over four times the number recommended. Knowing that we would be back here in 18 months, if there was a big demand for charters and everything was going good, I think we could approved more of them in 18 months. I am still going to vote for this. I do know that this bill will leave this house today. It will go to the chairman of a committee down the hall who has publicly stated that he does not like this number. I know we are going to get this bill back, probably with a request to reduce this number. I just want to let everyone know that we will then have to look at this again. Everybody better be prepared for a reduced number. Thank you, Mr. President pro Tempore.
Senator Wiener:
Thank you, Mr. President pro Tempore. Prior to this on the floor, I stated that I was little and last mighty and fast. I know I am not last but I will be little, mighty and fast. As a freshman legislator, I was pleased to participate in this bipartisan effort with the senators from the north and the south both urban and rural to draft this legislation.
I am going to address the part of charter schools as to how they are governed and the accountability requirements that must be followed. The governing body of a charter school is responsible for the day-to-day operation of the school. The composition and terms of office of the governing body must be specified within the original application and the school's charter. The measure specifies that the school governing body is a public body, subject to Nevada's Open Meeting Law.
Upon receiving its charter, a governing body must agree to:
1. Comply with laws and regulations concerning civil rights and discrimination;
2. Comply with charter school laws;
3. Remain nonsectarian;
4. Maintain a school year at least as long as required of other public schools; and
5. Adopt certain rules concerning student truancy and discipline.
The school may not charge tuition, levy taxes, or issue bonds. Unless approved by the sponsor, charter schools may not use public money to purchase property or buildings. The governing body also must provide annual reports to its sponsor, obtain liability insurance, and furnish certain accountability reports to the local school district and the state's Superintendent of Public Instruction. The governing body is authorized to enter into a contract with its sponsor for facilities and for various administrative and operational services; it also is authorized to employ teachers, administrators and other personnel.
Finally, the governing body receives enrollment applications for the school from any child residing in the state. Enrollment is to be made in the order such applications are received. The schools are to maintain enrollments within 10 percent of the racial balance reflected by the attendance zone within which the school is located.
Charter schools are prohibited from accepting applications for enrollment or otherwise discriminate based upon race, gender, religion, ethnicity or disability. However, schools may be formed to serve students with disabilities or to provide a juvenile discipline program for school district board of trustees accept the transfer of special education appropriate programs and services.
Accountability provisions apply-- Charter schools are subject to the same accountability provisions that apply to other public schools to file individual school accountability reports that will be included with the school district's district-wide report. The schools must administer the statewide achievement and proficiency examinations and report those results. Such schools also must file a separate report with the state superintendent concerning the effectiveness of the school's education program and efforts made to correct any deficiencies.
Additional accountability provisions relate to a school's charter and its sponsor. A charter school is subject to yearly reviews by the sponsor concerning its program and finances, and is required to correct any identified deficiencies. Copies of these annual reports must also be submitted to the legislature. Charters may be revoked should the school file bankruptcy, fail to comply with the charter school law, or fail to correct deficiencies.
Senator Washington:
Thank you, Mr. President pro Tempore. I will make some brief remarks since there is no need to go over points that have already been covered by previous speakers.
Charter schools are exempt from certain regulations as far as education is concerned, but they are also authorized to follow several civil rights, health and safety recommendations under federal law.
I would like to say that education has always been the key cornerstone to one's prosperity. Most parents take pride in the education of their children. Charter schools will give parents the opportunity to participate even more in specifications and their satisfaction.
This is my second session of working on this measure. I would like to mention some people who worked endlessly on this concept. Former Senator Sue Lowden was the chairman of the subcommittee last session and worked tirelessly for charter schools. Senators Augustine, Mathews and myself had the opportunity work with her on Senate Bill No. 32. Out of that has come the formation of Senate Concurrent Resolution No. 30 and ultimately Senate Bill No. 220. There has been a long process involved, a lot of blood, sweat and tears, a lot of individuals who have worked hard on this bill.
I would like to say, in closing, that putting this legislation together has been a great opportunity to create flexibility, improve our standards and base education on performance as opposed to the status quo. For those reasons, I am very much in support of Senate Bill No. 220.
Roll call on Senate Bill No. 220:
Yeas--21.
Nays--None.
Senate Bill No. 220 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 263.
Bill read third time.
Roll call on Senate Bill No. 263:
Yeas--21.
Nays--None.
Senate Bill No. 263 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 267.
Bill read third time.
Remarks by Senators Raggio and Coffin.
Conflict of interest declared by Senators Raggio, Coffin, O'Connell, Mathews and Townsend.
Roll call on Senate Bill No. 267:
Yeas--15.
Nays--Neal.
not voting--Coffin, Mathews, O'Connell, Raggio and Townsend.
Senate Bill No. 267 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

On request of Senator Augustine, the privilege of the floor of the Senate Chamber for this day was extended to Marianne Winters Hawkes.

On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Michael Vlaming.

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Sandra Wilson.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Ann Nelson, Jim Nelson and Jennifer Nelson.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Vernalee Winters Correa.

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to R. J. Jarvin, Jerry V. Lindsey and Russ Cochran.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Sheila Winters Ward.

On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Anne Winters Ward and Elizabeth Ward.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Craig Hartung and Carolyn Hartung.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Thomas R. C. Wilson, II, Janice Pine, Mary Nebgen and Marilyn Fendlander.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Patrick Vlaming.

On request of Senator Regan, the privilege of the floor of the Senate Chamber for this day was extended to Dr. John Wilson and Dr. Michelle Elliott.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Chrystine Mantz and Bob Mantz.

On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Ron Nelson and Valerie Nelson.

On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Ina Marie Wilson and Paul Stinbrink.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Thomas R. C. Wilson, III, Stephanie Penner and Nicholas M. Ganski.

On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Mary Elizabeth Vlaming.

Senator Raggio moved that the Senate adjourn until Friday, May 9, 1997 at 10 a.m.
Motion carried.

Senate adjourned at 1:04 p.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate
Attest: Janice L. Thomas
Secretary of the Senate