Committee advances bill to authorize "alternative high-risk population" charter schools

A Senate committee voted to report Senate Bill 89 to the full Senate with a recommendation that it pass and referred the bill first to the Finance Committee.

The bill would authorize and fund a new type of public charter school described in the text as an "alternative high risk population public charter school." Under the bill, a school would be eligible only if at least 70% of its total enrollment upon first entry consists of students who qualify as "high risk," and the charter authorizer certifies that the school meets that threshold. The bill also directs the State Board of Education to adopt rules establishing funding requirements for the new school type.

Why it matters: supporters said the schools would offer an option for students removed from traditional classrooms for behavior or credit deficiencies and allow parents to enroll a child into a specialized charter program; critics raised concerns about how the bill defines "high risk," particularly references to "homeless" students and trailer parks.

Counsel to the committee, identified in the record as Hank, summarized the measure: "This bill allows alternative high risk population public charter schools to be authorized and funded pursuant to the public charter school article. It requires that in order to be eligible to be an alternative high risk population public charter school, a school have at least 70% of their total enrollment upon first entry to be comprised of high risk students and obtain approval from the charter school board certifying that the school meets those criteria." Hank also said the bill "sets forth which students qualify as high risk and requires the state board to promulgate a rule setting forth requirements for alternative high risk population charter school funding." (Counsel explanation, committee hearing)

During discussion, Senator Flamingo asked whether the bill's reference to "homeless youth" uses the same definition used in education law. Counsel answered that the draft does not supply a separate definition and that authorizers would determine eligibility under the bill. Several senators pressed on the meaning of "trailer park" in the homeless list and said they were concerned that the wording could stigmatize families who live in manufactured‑housing communities. One senator cited the McKinney‑Vento Act when explaining that the federal homeless definition includes a range of unstable housing situations (campgrounds, hotels, motels and similar locations) and suggested the bill's drafters intended that context rather than implying that all trailer‑park residents are homeless.

Committee members also discussed funding and operations. Counsel said public charter schools are funded principally on a per‑pupil basis and that roughly "99% of the funding follows the student," meaning local and state shares move with enrollment under existing charter funding rules. Senators asked whether county boards would be required to provide transportation to a regional charter school; counsel said that transportation provisions are governed by the existing charter school article and indicated that arrangements could be made by agreement with the charter school but he would verify specifics.

Several senators contrasted the proposed charter option with county alternative learning centers, noting that enrollment in a charter would be a parent's choice rather than a county placement for disciplinary reasons. Supporters described the bill as creating another choice for parents and a potential option for students needing more intensive services for a limited time.

Action: Vice Chair moved that Senate Bill 89 be reported to the full Senate with a recommendation that it do pass but, under the original double committee reference, first be referred to the Committee on Finance. The motion carried and the chair declared the motion adopted (committee voice vote).