Authorizers must carry out charter-school oversight duties, can delegate duties, have contract-making power, are generally immune from liability except for wilful misconduct, and must not give decision-influencing technical support except when federal law requires it.
(a) Authorizers are responsible for executing the following essential powers and duties: (1) Soliciting and evaluating charter applications; (2) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices; (3) Declining to approve weak or inadequate charter applications; (4) Negotiating and executing sound charter contracts with each approved charter applicant and with existing public charter schools; (5) Monitoring, in accordance with charter contract terms, the performance and legal compliance of public charter schools; and (6) Determining whether each charter contract merits renewal, nonrenewal, or revocation. (b) An authorizer shall: (1) Act as a point of contact between the department and a public charter school it authorizes; (2) Be responsible for and ensure the compliance of a public charter school it authorizes with all applicable state and federal laws, including reporting requirements; (3) Be responsible for the receipt of applicable federal funds from the department and the distribution of funds to the public charter school it authorizes; and (4) Be responsible for the receipt of per-pupil funding from the department of budget and finance and distribution of the funding to the public charter school it authorizes. (c) An authorizer shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of its duties and functions under this chapter. (d) An authorizer may delegate its duties to officers, employees, and contractors. (e) Regulation by authorizers shall be limited to the powers and duties set forth in this section, and shall be consistent with the spirit and intent of this chapter. (f) An authorizer, members of the board of an authorizer acting in their official capacity, and employees or agents of an authorizer are immune from civil and criminal liability with respect to all activities related to a public charter school authorized by that authorizer, except for any acts or omissions constituting wilful misconduct. Members of the commission shall be afforded the same protection afforded the members of the board pursuant to section 26-35.5. (g) An authorizer shall not provide technical support to a prospective charter school applicant, an applicant governing board, or a charter school it authorizes in cases in which the technical support will directly and substantially impact any authorizer decision related to the approval or denial of the charter application or the renewal, revocation, or nonrenewal of the charter contract. This subsection shall not apply to technical support that an authorizer is required to provide to a charter school pursuant to federal law. [L 2012, c 130, pt of §2; am L 2013, c 159, §5; am L 2014, c 99, §5; am L 2015, c 114, §3; am L 2016, c 113, §1]