Current through the 2024 Regular Session
Section 37-28-9 - Powers and duties of Authorizer Board; immunity from civil liability(1) The authorizer is responsible for exercising, in accordance with this chapter, the following powers and duties: (a) Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including: (i) Organizational capacity and infrastructure;(ii) Solicitation and evaluation of charter applications;(iii) Performance contracting;(iv) Ongoing charter school oversight and evaluation; and(v) Charter renewal decision-making;(b) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;(c) Declining to approve weak or inadequate charter applications;(d) Negotiating and executing charter contracts with approved charter schools;(e) Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools;(f) Determining whether each charter contract merits renewal, nonrenewal or revocation; and(g) Applying for any federal funds that may be available for the implementation of charter school programs.(2) The authorizer shall carry out all its duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this chapter.(3) The authorizer may delegate its duties to the executive director and general counsel.(4) Regulation by the authorizer shall be limited to those powers and duties prescribed in this section and all others prescribed by law, consistent with the spirit and intent of this chapter.(5) Except in the case of gross negligence or reckless disregard of the safety and well-being of another person, the authorizer, members of the authorizer board in their official capacity, and employees of the authorizer in their official capacity are immune from civil liability with respect to all activities related to a charter school approved by the authorizer.Added by Laws, 2013, ch. 497, HB 369, 5, eff. 7/1/2013.