§302B-9 - Exemptions from state laws.
§302B-9 Exemptions from state laws. (a)
Charter schools shall be exempt from chapters 91 and 92 and all other state
laws in conflict with this chapter, except those regarding:
(1) Collective bargaining under chapter 89; provided
that:
(A) The exclusive representatives as defined
in chapter 89 and the local school board of the charter school may enter into
supplemental agreements that contain cost and noncost items to facilitate
decentralized decision-making;
(B) The agreements shall be funded from the
current allocation or other sources of revenue received by the charter school;
provided that collective bargaining increases for employees shall be allocated
by the department of budget and finance to the charter school administrative
office for distribution to charter schools; and
(C) These supplemental agreements may differ
from the master contracts negotiated with the department;
(2) Discriminatory practices under section 378-2; and
(3) Health and safety requirements.
(b) Charter schools and the office shall be
exempt from chapter 103D, but shall develop internal policies and procedures
for the procurement of goods, services, and construction, consistent with the
goals of public accountability and public procurement practices. Charter
schools and the office are encouraged to use the provisions of chapter 103D
where possible; provided that the use of one or more provisions of chapter 103D
shall not constitute a waiver of the exemption from chapter 103D and shall not
subject the charter school or the office to any other provision of chapter
103D. Charter schools and the office shall account for funds expended for the
procurement of goods and services, and this accounting shall be available to
the public.
(c) Any charter school, prior to the beginning
of the school year, may enter into an annual contract with any department for
centralized services to be provided by that department.
(d) Notwithstanding any law to the contrary,
as public schools and entities of the State, neither a charter school nor the
office may bring suit against any other entity or agency of the State. [L 2006,
c 298, pt of §2]