§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.