A public charter school shall comply with all of the terms and provisions of its charter. A public charter school shall have the following powers: To adopt a name and corporate seal, but only if the name selected includes the words “public charter school”; To acquire real property for use as the public charter school’s facilities, from public or private sources; To receive and disburse funds for public charter school purposes; Subject to subsection (c)(1) of this section, to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies; To incur debt in reasonable anticipation of the receipt of funds from the general fund of the District of Columbia or the receipt of Federal or private funds; To solicit and accept any grants or gifts for public charter school purposes, if the public charter school: Does not accept any grants or gifts subject to any condition contrary to law or contrary to its charter; and Maintains for financial reporting purposes separate accounts for grants or gifts; To be responsible for the public charter school’s operation, including preparation of a budget and personnel matters; and To sue and be sued in the public charter school’s own name. Each power conferred upon a public charter school under subsection (b) of this section can only be used for the sole purpose of operating the public charter school. Except in the case of an emergency (as determined by the eligible chartering authority of a public charter school), with respect to any procurement contract proposed to be awarded by the public charter school and having a value equal to or exceeding $25,000, the school shall publish a notice of a request for proposals in the District of Columbia Register and newspapers of general circulation not less than 7 days prior to the award of the contract. The notice requirement of sub-subparagraph (i) of this subparagraph shall not apply with respect to any contract for the lease or purchase of real property by a public charter school, any employment contract for a staff member of a public charter school, or any management contract entered into by a public charter school and the management company designated in its charter or its petition for a revised charter. With respect to any contract described in subparagraph (A) of this paragraph that is awarded by a public charter school, the school shall submit to the eligible chartering authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract. A contract described in subparagraph (A) of this paragraph shall become effective on the date that is 10 days after the date the school makes the submission under sub-subparagraph (i) of this subparagraph with respect to the contract, or the effective date specified in the contract, whichever is later. A public charter school may not, with respect to any student other than a nonresident student, charge tuition, impose fees, or otherwise require payment for participation in any program, educational offering, or activity that: Enrolls students in any grade from kindergarten through grade 12; or Is funded in whole or part through an annual local appropriation. A public charter school may impose fees or otherwise require payment, at rates established by the Board of Trustees of the school, for any program, educational offering, or activity not described in subsubparagraph (i) or (ii) of subparagraph (A), including adult education programs, or for field trips or similar activities. A public charter school: Shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this subchapter; and Shall be exempt from District of Columbia statutes, policies, rules, and regulations established for the District of Columbia public schools by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in the school’s charter or this subchapter. A public charter school shall maintain the health and safety of all students attending such school. A public charter school shall submit, before September 16 of each year, a report to the chartering authority and, in a control year to the Authority a report that documents that the charter school’s facilities comply with the applicable health and safety laws and regulations of the federal government and the District of Columbia, including the District of Columbia Fire Prevention Code. The report shall be open to public inspection and available upon request. The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), § 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), shall apply to a public charter school. A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school and the provisions of this subchapter. No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school. No student enrolled in a District of Columbia public school, may be required to attend a public charter school; provided, that this paragraph shall not apply to students with special needs. A public charter school shall not levy taxes or issue bonds. A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file the petition with the eligible chartering authority that granted the charter. The provisions of § 38-1802.03 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school. A public charter school shall submit an annual report to the eligible chartering authority that approved its charter. The school shall permit a member of the public to review any such report upon request. A report submitted under subparagraph (A) of this paragraph shall include the following data: A report on the extent to which the school is meeting its mission and goals as stated in the petition for the charter school; Student performance on any districtwide assessments; Grade advancement for students enrolled in the public charter school; Graduation rates, college admission test scores, and college admission rates, if applicable; Types and amounts of parental involvement; Official student enrollment; Average daily attendance; Average daily membership; For the fiscal year 2005 annual financial audit and subsequent fiscal year annual financial audits, a financial statement audited by an independent certified public accountant or accounting firm, who, notwithstanding any other provision of this chapter, shall be selected from an approved list developed by a committee of 2 representatives each from the District of Columbia Public Charter School Board, the District of Columbia Board of Education Charter School Board, and the District of Columbia Chief Financial Officer, in accordance with Government auditing standards for financial audits issued by the Comptroller General of the United States, pursuant to the April 8, 2005 memorandum of understanding between the District of Columbia Chartering Authorities and the District of Columbia Chief Financial Officer, as amended; A report on school staff indicating the qualifications and responsibilities of such staff; and A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal to or exceeding $500 during the year that is the subject of the report. Data described in sub-subparagraphs (i) through (ix) of subparagraph (B) of this paragraph that are included in an annual report shall not identify the individuals to whom the data pertain. A public charter school shall provide to the Board of Education student enrollment data necessary for the Board of Education to comply with § 38-204 . A public charter school shall establish an informal complaint resolution process. A public charter school shall provide a program of education which shall include one or more of the following: Preschool; Prekindergarten; Any grade or grades from kindergarten through grade 12; Residential education; or Adult, community, continuing, and vocational education programs. A public charter school shall be nonsectarian and shall not be affiliated with a sectarian school or religious institution. A public charter school shall be organized under Chapter 4 of Title 29 and its sole purpose shall be the operation of the public charter school. A public charter school, and its incorporators, Board of 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: Constitutes gross negligence; Constitutes an intentional tort; or Is criminal in nature. Subparagraph (A) of this paragraph shall not be construed to abrogate any immunity under common law of a person described in such subparagraph. A public charter school which offers a preschool or prekindergarten program shall be subject to the same child care licensing requirements (if any) which apply to a District of Columbia public school which offers such a program. A public charter school shall participate in the longitudinal education data warehouse system established by the Office of the State Superintendent of Education and shall provide data to the OSSE upon request. A public charter school shall cooperate with the Office of Ombudsman for Public Education and shall comply with the disclosure protections of Chapter 3A of this title [ § 38-351 et seq.]. Funds that have not been provided for in an approved financial plan shall not be distributed to any public charter school.
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