Guam § 12107 - Duties and Powers, and other Requirements, of Charter Schools.

§ 12107. Duties and Powers, and other Requirements, of Charter Schools.

(a) An Academy Charter School shall comply with all of the terms and provisions of its Charter.

(b) An Academy Charter School shall be 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.

(c) Each power conferred upon an Academy Charter School under this Chapter can only be used for

the sole purpose of operating the Academy Charter School. An Academy Charter school shall have the

following powers:

(1) to adopt a name and corporate seal, but only if the name selected includes the words

“Academy Charter School”;

(2) to acquire real property for use as the Academy Charter School’s facilities, from public or

private sources, but Academy Charter Schools shall not have the power to acquire property by eminent

domain;

(3) to receive and disburse funds for Academy Charter School purposes;

(4) to secure appropriate insurance and to make contracts and leases, including agreements to

procure or purchase services, equipment, and supplies subject to Chapter 5, Title 5, Guam Code

Annotated;

(5) to incur debt in reasonable anticipation of the receipt of funds from the general fund of the

government of Guam or the receipt of Federal or private funds;

(6) to solicit and accept any grants or gifts for the Academy Charter School's purposes, if the

Academy Charter School:

(A) Does not accept any grants or gifts subject to any condition contrary to law or contrary

to its Charter; and

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(B) Maintains, for financial reporting purposes, separate accounts for grants or gifts;

(7) to be responsible for the Academy Charter School’s operation, including preparation of a

budget and personnel matters; and

(8) to sue and be sued in the Academy Charter School’s own name.

(d) An Academy Charter School shall not charge an application fee and tuition.

(e) An Academy Charter School may impose reasonable fees or otherwise require payment, at rates

established by the Trustees of the school, for any field trips or similar activities not funded in whole or part

through appropriation by I Liheslaturan Guåhan.

(f) An Academy Charter School shall exercise control over its expenditures subject to Chapter 5, Title

5, Guam Code Annotated, and over administration, personnel, and instructional methods independent of

the Guam Department of Education, within the limitations imposed in this Chapter.

(g) An Academy Charter School shall be exempt from Guam Department of Education policies, rules,

regulations, and collective bargaining agreements, except as otherwise provided in the Academy’s Charter

or this Chapter.

(h) An Academy Charter School shall comply with all federal and Guam health and safety

requirements applicable to public schools.

(i) An Academy Charter School shall be governed by the Trustees in a manner consistent with the

Charter granted to the school and the provisions of this Chapter.

(j) No employee of the Department of Education shall be required to accept employment with, or be

assigned to, an Academy Charter School.

(k) No student enrolled in a public school shall be required to attend an Academy Charter School:

(l) An Academy Charter School shall not levy taxes or issue bonds.

(m) An Academy Charter School seeking to revise its Charter shall prepare a petition for approval of

the revision and file the petition with the Council. The provisions of § 12105 of this Chapter shall apply to

such a petition in the same manner as such provisions apply to a petition to establish an Academy Charter

School.

(n) An Academy Charter School shall submit an annual report no later than thirty (30) days after the

end of the fiscal year to the Council, I Liheslaturan Guåhan, and I Maga’hågan/Maga’låhen Guåhan. The

Academy Charter School shall permit the public to review any such report upon request. A report shall

include the following data:

(1) a report on the extent to which the school is meeting its mission and goals as stated in the

petition for the Academy Charter School;

(2) student performance on any district-wide assessments;

(3) grade advancement for students enrolled in the Academy Charter School;

(4) graduation rates, college admission test scores, and college admission rates, if applicable;

(5) types and amounts of parental involvement;

(6) official student enrollment;

(7) average daily attendance;

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(8) annual financial audit and subsequent fiscal year annual financial audits, and a financial

statement audited by the Public Auditor, pursuant to § 1908, Chapter 19, Title 1, Guam Code

Annotated, under Subsection (z) of this Chapter.

(9) a report on school staff indicating the qualifications and responsibilities of such staff; and

(10) a list of all donors and grantors that have contributed monetary or in-kind donations having

a value equal to or exceeding Five Hundred Dollars ($500) during the year that is the subject of the

report.

(11) Data described in items (1) through (8) of this Subsection shall not identify the individuals

to whom the data pertain.

(o) An Academy Charter School shall provide to the Department of Education student enrollment data.

(p) An Academy Charter School shall establish a formal complaint resolution process.

(q) An Academy Charter School shall provide a program of education, which shall include any grade

or grades from kindergarten through grade twelve (12).

(r) [Repealed.]

(s) An Academy Charter School shall not be home based.

(t) [Repealed.]

(u) An Academy Charter School shall initiate the process for accreditation within the first one hundred

twenty (120) days of opening and attain accreditation within six (6) years of opening.

(v) An Academy Charter School shall not hire a for-profit management company to operate the school.

(w) An Academy Charter School shall provide instruction each year for at least the same number of

days required of the Department of Education.

(x) An Academy Charter School, and its incorporators, Trustees, officers, employees, and volunteers,

shall be immune from civil liability, both personally and professionally, for any act or omission within the

scope of their official duties unless the act or omission:

(1) constitutes gross negligence;

(2) constitutes an intentional tort; or

(3) is criminal in nature.

(y) Upon termination of the Charter, all assets of the Academy Charter School shall revert to the Guam

Department of Education. All liabilities are the personal responsibility of the Charter School Board of

Trustees who approved the contract or acquisition that incurred the liability and that the contract or

acquisition was performed without a review by the Attorney General of Guam and the approval and

signature of I Maga’hågan/Maga’låhen Guåhan.

(z) Pursuant to § 1908, Chapter 19, Title 1, Guam Code Annotated, the Public Auditor is authorized

to supervise audits, or at the Public Auditor’s discretion, exercise his or her authority to make the selection

of the auditing firm or organization, and the scope of audit; and the audits are to be at the cost of the charter

school, which said costs shall be included in its annual budget.