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The Committee on Education Pre-K - 12 (Carlton) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 916-935

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and insert:

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     (h) 1. A grant of exclusive authority by the State Board

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of Education shall continue so long as a district school board

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continues to comply with this section. A presumption exists that

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a district school board that has been granted exclusive

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authority has continued to provide fair and equitable treatment

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of the charter schools in its district.

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     2. A charter school authorized by a district school board

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within the previous four years may challenge the presumption

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that the district school board continues to provide fair and

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equitable treatment of the charter schools in its district by

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filing a request for a hearing between January 1 and January 31

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of any year. The request for a hearing shall state with

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specificity the basis for the challenge and must include a

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statement certifying that a copy of the request was provided to

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the district school board. If a legally sufficient challenge is

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filed, the Commissioner of Education shall designate a hearing

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officer and refer the matter to the hearing officer for the

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conduct of an informal proceeding. The hearing officer shall

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provide findings of fact and conclusions of law to the

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Commissioner in the form of a recommended order to the State

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Board of Education. The State Board of Education shall enter a

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final order prior to June 30 determining whether the district

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school board continues to provide fair and equitable treatment

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to the charter schools in its district and has presented a

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written resolution to the state board as set forth in paragraph

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(c).

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 34-35

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and insert:

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district school boards; providing a presumption for

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district school boards that are granted exclusivity;

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providing for informal hearings;

3/4/2008  9:02:00 AM     ED.ED.04104