Definitions

As used in this chapter: (1) A "charter school" means a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by authorization of a public school district, the South Carolina Public Charter School District, or a public or independent institution of higher learning, but is accountable to the board of trustees, or in the case of technical colleges, the area commission, of the authorizer which grants its charter. Nothing in this chapter prohibits charter schools from offering virtual services pursuant to state law and subsequent regulations defining virtual schools. (2) A charter school: (a) is, for purposes of state law and the state constitution, considered a public school and part of the South Carolina Public Charter School District, the local school district in which it is located, or is authorized by an approved public or independent institution of higher learning; (b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services; however, an applicant may seek to form a single gender charter school without regard to the gender makeup of that proposed charter school; (c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the authorizer, the governing body to be selected as provided in Section 59-40-50(B)(14); (d) may not charge tuition or other charges pursuant to Section 59-19-90(8) except as may be allowed by the authorizer and is comparable to the charges of the local school district in which the charter school is located; (e) is subject to the same fixed asset inventory requirements as are traditional public schools. (3) "Applicant" means the person who or nonprofit corporate entity that desires to form a charter school and files the necessary application with the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, or the board of trustees or area commission of a public or independent institution of higher learning. The applicant also must be the person who or the nonprofit corporate entity that applies to the Secretary of State to organize the charter school as a nonprofit corporation. The nonprofit entity must maintain its nonprofit status to remain a charter school. (4) "Authorizer" means a local or statewide authorizer. This includes the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, as provided by law, a public institution of higher learning or a nonprofit association directly affiliated with a public institution of higher learning as defined in Section 59-103-5, or an independent institution of higher learning or a nonprofit association directly affiliated with an independent institution of higher learning as defined in Section 59-113-50, from which the charter school applicant requested its charter and which granted approval for the charter school's existence. Only those public or independent institutions of higher learning, as defined in this subsection, who register and apply with the State Board of Education may serve as charter school authorizers, and the Department of Education shall maintain a directory of those institutions. The authorizer of a charter school is the charter school's Local Education Agency (LEA), and a charter school is a school within that LEA. The authorizer retains responsibility for special education and shall ensure that students enrolled in its charter schools are served in a manner consistent with LEA obligations under applicable federal, state, and local law. A nonprofit association that is directly affiliated with an institution of higher learning as an authorizer shall serve at the pleasure of, and be subject to the oversight and control of, the governing body of the institution. The nonprofit entity must maintain its nonprofit status to remain an authorizer. (5) "Certified teacher" means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualifications outlined in Sections 59-27-10 and 59-25-115. (6) "Noncertified teacher" means an individual considered appropriately qualified for the subject matter taught and who has completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115. An individual whose educator certificate has been suspended or revoked shall not be employed as a noncertified teacher during the term of suspension or revocation. (7) "Charter committee" means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. After the charter application is approved by the authorizer, the board of directors of the corporation must be organized as the governing body and the charter committee shall be dissolved within six months of the school opening for students to attend. The election of the board of directors must be held by April first of the year in which the school opens for students. Failure to hold the election by this date may result in an immediate revocation of the charter. (8) "Local school district" means any school district in the State except the South Carolina Public Charter School District and does not include special school districts. (9) "Charter school contract" means a fixed term, renewable contract between a charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. (10) "Resident public school" means the school, other than a charter school, within whose attendance boundaries the charter school student's custodial parent or legal guardian resides. (11) "Management organization" means a corporation, business, organization, or other entity, whether conducted for profit or not-for-profit, with whom the governing body of a charter school contracts to operate, manage, or oversee the operation, management, or provision and implementation of educational services and programs to the charter school. This includes a corporation, business, organization, or other entity that directly employs the administrator or any of the educational personnel, or both. (12) "Replication" means the approval of a new charter school application based on the mission, academic model, instructional program, and operational structure of an existing charter school. (13) "Virtual charter school" means a charter school whereby students are taught primarily through online methods; provided, however, that at least twenty-five percent of the instruction in core areas must be provided pursuant to South Carolina Regulation 43-601. Any student enrolled in a virtual charter school shall be a resident of a South Carolina school district as provided for in Sections 59-63-30, 59-63-31, 59-63-32, and 59-63-33.