SENATE BILL NO. 1444

View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Bill Status



S1444aaH,aaH.....................................................by FINANCE
PUBLIC CHARTER SCHOOLS - Amends and adds to existing law relating to public
charter schools; to define terms; to revise limits on the number of public
charter schools; to govern methods of forming a public charter school; to
provide that a new public charter school may be approved by an authorized
chartering entity; to provide additional limitations on authorizing a
charter; to provide rules to be adopted by the State Board of Education; to
designate certain local educational agencies; to clarify liability for
public charter schools; to govern applicability of professional codes and
standards to employees of public charter schools; to further govern
procedures for a petition to establish a public charter school; to further
govern permitted admissions procedures; to further govern appeal
procedures; to provide for public hearing of determination to revoke a
charter; to clarify the appeal procedure; to require certain financial
reporting; to specify application of rules which specifically pertain to
public charter schools; to create an independent public charter school
commission; to provide members; and to provide for meetings.
                                                                        
03/12    Senate intro - 1st rdg - to printing
03/15    Rpt prt - to Educ
03/16    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 30-5-0
      AYES -- Andreason, Bailey, Brandt, Burkett, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Schroeder, Sorensen, Stegner, Stennett, Werk,
      Williams
      NAYS -- Bunderson, Goedde, Pearce, Richardson, Sweet
      Absent and excused -- None
    Floor Sponsor - Schroeder
    Title apvd - to House
03/17    House intro - 1st rdg - to Educ
03/18    Rpt out - to Gen Ord
    Rpt out amen - to 1st rdg as amen
03/19    1st rdg - to 2nd rdg as amen
    To Gen Ord
    Rpt out amen - to 1st rdg as amen
    1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 52-17-1
      AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black,
      Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Kellogg, Kulczyk,
      Lake, Langford, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen,
      Raybould, Ring, Roberts, Rydalch, Sali, Schaefer, Shirley, Skippen,
      Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood
      NAYS -- Andersen, Boe, Henbest, Jaquet, Jones, Langhorst, Martinez,
      Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ringo, Robison, Sayler,
      Shepherd, Smith(30), Trail
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Rydalch
    Title apvd - to Senate
03/19    Ref'd to Educ
03/20    Rpt out - to 10th Ord
    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 23-8-4
      AYES -- Andreason, Bailey, Brandt, Bunderson, Calabretta, Cameron,
      Compton, Davis, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge,
      McKenzie, Pearce, Richardson, Sorensen, Stegner, Sweet, Werk,
      Williams
      NAYS -- Burkett(Maxand), Darrington, Gannon, Malepeai, Marley,
      McWilliams, Noh, Stennett
      Absent and excused -- Burtenshaw, Kennedy, Noble, Schroeder
    Floor Sponsor - Cameron
    Title apvd - To enrol
03/22    Rpt enrol - Pres signed - Sp signed - To Governor
04/01    Governor signed
         Session Law Chapter 371
         Effective: 04/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1444
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202, IDAHO  CODE,  TO
  3        CLARIFY  LEGISLATIVE INTENT; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY
  4        THE ADDITION OF A NEW SECTION  33-5202A,  IDAHO  CODE,  TO  DEFINE  TERMS;
  5        AMENDING  SECTION  33-5203,  IDAHO CODE, TO REVISE LIMITS ON THE NUMBER OF
  6        PUBLIC CHARTER SCHOOLS, TO GOVERN METHODS  OF  FORMING  A  PUBLIC  CHARTER
  7        SCHOOL,  TO  PROVIDE  ADDITIONAL  LIMITATIONS ON AUTHORIZING A CHARTER, TO
  8        PROVIDE RULES TO BE ADOPTED BY THE STATE BOARD OF EDUCATION AND TO  DESIG-
  9        NATE   CERTAIN LOCAL EDUCATIONAL AGENCIES; AMENDING SECTION 33-5204, IDAHO
 10        CODE, TO CLARIFY LIABILITY FOR PUBLIC CHARTER SCHOOLS AND TO SPECIFY  CER-
 11        TAIN  PROHIBITED  ACTS;  AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY THE
 12        ADDITION OF A NEW SECTION 33-5204A, IDAHO CODE, TO GOVERN APPLICABILITY OF
 13        PROFESSIONAL CODES AND STANDARDS TO EMPLOYEES OF PUBLIC  CHARTER  SCHOOLS;
 14        AMENDING  SECTION  33-5205,  IDAHO CODE, TO FURTHER GOVERN PROCEDURE FOR A
 15        PETITION TO ESTABLISH A PUBLIC CHARTER SCHOOL AND TO FURTHER  GOVERN  PER-
 16        MITTED ADMISSION PROCEDURES; AMENDING SECTION 33-5206, IDAHO CODE, TO PRO-
 17        VIDE  REFERENCES  TO  AUTHORIZED  CHARTERING  ENTITY AND TO FURTHER GOVERN
 18        REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A  PUBLIC  CHARTER  SCHOOL;
 19        AMENDING  SECTION 33-5207, IDAHO CODE, TO PROVIDE REFERENCES TO AUTHORIZED
 20        CHARTERING ENTITY AND TO FURTHER GOVERN APPEAL PROCEDURES;  AMENDING  SEC-
 21        TION  33-5209, IDAHO CODE, TO STRIKE CERTAIN RENEWAL REQUIREMENTS, TO PRO-
 22        VIDE REFERENCES TO AUTHORIZED CHARTERING ENTITY,  TO  PROVIDE  FOR  PUBLIC
 23        HEARING  OF DETERMINATION TO REVOKE A CHARTER AND TO PROVIDE APPEAL PROCE-
 24        DURE; AMENDING SECTION 33-5210,  IDAHO  CODE,  TO  PROVIDE  REFERENCES  TO
 25        AUTHORIZED  CHARTERING  ENTITY, TO REQUIRE CERTAIN FINANCIAL REPORTING AND
 26        TO SPECIFY APPLICATION OF  RULES  WHICH  SPECIFICALLY  PERTAIN  TO  PUBLIC
 27        CHARTER  SCHOOLS; AMENDING SECTION 33-5211, IDAHO CODE, TO REVISE INFORMA-
 28        TION DISTRIBUTION REQUIREMENTS; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE,
 29        BY THE ADDITION OF A NEW SECTION 33-5213, IDAHO CODE, TO CREATE  AN  INDE-
 30        PENDENT  PUBLIC  CHARTER SCHOOL COMMISSION, TO PROVIDE MEMBERS AND PROVIDE
 31        FOR MEETINGS; PROVIDING SEVERABILITY; GOVERNING EFFECT UPON EXISTING  PUB-
 32        LIC CHARTER SCHOOLS; AND DECLARING AN EMERGENCY.
                                                                        
 33    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 34        SECTION  1.  That  Section 33-5202, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        33-5202.  LEGISLATIVE INTENT. It is the intent of the legislature to  pro-
 37    vide  opportunities  for  teachers, parents, students and community members to
 38    establish and maintain public charter schools which operate independently from
 39    the existing traditional school district structure  but  within  the  existing
 40    public school system as a method to accomplish all any of the following:
 41        (1)  Improve student learning;
 42        (2)  Increase learning opportunities for all students, with special empha-
 43    sis on expanded learning experiences for students;
                                                                        
                                           2
                                                                        
  1        (3)  Include the use of different and innovative teaching methods;
  2        (4)  Utilize virtual distance learning and on-line learning;
  3        (5)  Create  new  professional  opportunities  for teachers, including the
  4    opportunity to be responsible for the learning program at the school site;
  5        (6)  Provide parents and students with expanded choices in  the  types  of
  6    educational  opportunities that are available within the public school system;
  7        (7)  Hold the schools established under this chapter accountable for meet-
  8    ing measurable student educational standards.
                                                                        
  9        SECTION  2.  That  Chapter  52,  Title 33, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 33-5202A, Idaho Code, and to read as follows:
                                                                        
 12        33-5202A.  DEFINITIONS.  As  used  in  this  chapter,  unless  the context
 13    requires otherwise:
 14        (1)  "Authorized chartering entity" means either the board of trustees  of
 15    a  school  district  in this state, or, for the limited purposes of chartering
 16    multidistrict public virtual schools or for hearing appeals from  a  board  of
 17    trustees of a school district, the public charter school commission.
 18        (2)  "Charter"  means  the grant of authority, constituting a written con-
 19    tract, approved by the authorized chartering entity to the board of  directors
 20    of the public charter school.
 21        (3)  "Founder"  means  a  person, including employees or staff of a public
 22    charter school, who makes a material contribution toward the establishment  of
 23    a public charter school in accordance with criteria determined by the board of
 24    directors  of  the public charter school, and who is designated as such at the
 25    time the board of directors acknowledges and accepts  such  contribution.  The
 26    criteria  for  determining  when  a person is a founder shall not discriminate
 27    against  any  person  on  any  basis  prohibited  by  the  federal  or   state
 28    constitutions  or any federal, state or local law. The designation of a person
 29    as a founder, and the admission preferences available to  the  children  of  a
 30    founder, shall not constitute pecuniary benefits.
 31        (4)  "Petition" means the document submitted by a person or persons to the
 32    authorized  chartering  entity  to  request  the  creation of a public charter
 33    school.
 34        (5)  "Public charter school" means a school that is authorized under  this
 35    chapter to deliver public education in Idaho.
 36        (6)  "Public  virtual school" means a public charter school that may serve
 37    students in more than one (1) school district and that provides instruction to
 38    pupils primarily through virtual distance learning or online  technologies.  A
 39    building-based  public  virtual  school primarily provides such instruction at
 40    one (1) or more central building locations. A home-based public virtual school
 41    primarily provides such instruction directly to the pupil at home.
 42        (7)  "Traditional public school" means any school existing or to be  built
 43    that is operated and controlled by a school district in this state.
                                                                        
 44        SECTION  3.  That  Section 33-5203, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
 47    schools is hereby authorized. Public cCharter schools shall  be  part  of  the
 48    state's program of public education.
 49        (2)  It  is  the  intent  of  the  legislature that tThe number of charter
 50    schools which may be approved in each of the first five (5)  years  after  the
 51    effective date of this act shall be limited in number and geographic distribu-
                                                                        
                                           3
                                                                        
  1    tion in accordance with the following:
  2        (a)  Not  more  than  sixty (60) schools may be approved in the first five
  3        (5) years after the effective date of this act, and
  4        (b)  Not more than twelve six (126) newly-chartered public schools may  be
  5        approved in for any one (1) school year, and
  6        (c)  Not more than two (2) charters per year may be granted within an edu-
  7        cational classification region as established by the state board of educa-
  8        tion, and
  9        (db)  Not  more  than one (1) newly-chartered public school may be granted
 10        for any one (1) school district in for a school year, and
 11        (ec)  No whole school district may be converted to a charter  district  or
 12        any configuration which includes all schools as public charter schools.
 13    The  legislature  further  finds that, notwithstanding the limitations of this
 14    subsection (2), if fewer than twelve (12) charters are approved by June 1 of a
 15    year, the unused allotments shall be assigned to a statewide pool for  use  by
 16    other  requesting districts. Distributions from the pool shall be made by ran-
 17    dom drawing.
 18        (3)  A public charter school may be formed either by creating a new public
 19    charter school, or by converting an existing traditional public  school  to  a
 20    public  charter  status  school.  If a public charter school is proposed which
 21    incorporates area within two (2) or more school districts, the  charter  peti-
 22    tion  shall  be  submitted  to the board of trustees of the school district in
 23    which the primary attendance area of the proposed public charter school lies.
 24        (4)  No charter shall be granted under this chapter: which authorizes
 25        (a)  Which provides for the conversion of any existing  private  or  paro-
 26        chial school to a public charter school.
 27        (b)  No  charter  shall  be  granted tTo a for-profit entity or any school
 28        which is operated by a for-profit entity, provided however, nothing herein
 29        shall prevent the board of directors  of  a  public  charter  school  from
 30        legally contracting with for-profit entities for the provision of products
 31        or services that aid in the operation of the school.
 32        (c)  By  the  board of trustees of a school district if the public charter
 33        school's physical location is outside the boundaries  of  the  authorizing
 34        school district.
 35        (5)  A  public virtual school charter may be granted by the public charter
 36    school commission.
 37        (6)  The state board of education shall adopt rules, subject  to  law,  to
 38    establish  a  consistent  application  and review process for the approval and
 39    maintenance of all public charter schools.
 40        (7)  A public charter school chartered by the public charter  school  com-
 41    mission is hereby designated as a local education agency (LEA) as that term is
 42    defined in 34 CFR 300.18.
                                                                        
 43        SECTION  4.  That  Section 33-5204, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        33-5204.  NONPROFIT CORPORATION -- LIABILITY -- INSURANCE.  (1)  A  public
 46    charter school shall be organized and managed under the Idaho nonprofit corpo-
 47    ration  act. The board of directors of a public charter school shall be deemed
 48    public agents authorized by a public school district or  the  state  board  of
 49    education  to  control  the public charter school, but shall function indepen-
 50    dently of any school board of trustees in any school  district  in  which  the
 51    public charter school is located, except as provided in the charter. A charter
 52    school  shall  be considered a public school for all purposes and shall comply
 53    with the audit reporting requirements of section 33-701 6.,  Idaho  Code,  and
                                                                        
                                           4
                                                                        
  1    shall  annually  file financial and statistical reports as required in section
  2    33-701 7., Idaho Code. For the purposes of section 59-1302(15), Idaho Code,  a
  3    public  charter school created pursuant to this chapter shall be deemed a gov-
  4    ernmental entity. Pursuant to the provisions of section 63-3622O, Idaho  Code,
  5    sales  to  or  purchases by a public charter school are exempt from payment of
  6    the sales and use tax. A public charter school and the board of directors of a
  7    public charter school are subject to the provisions of:
  8        (a)  Sections 18-1351 through 18-1362, Idaho Code, on bribery and  corrupt
  9        influence;
 10        (b)  Chapter  2,  title  59, Idaho Code, on prohibitions against contracts
 11        with officers;
 12        (c)  Chapter 7, title 59, Idaho Code, on ethics in government;
 13        (d)  Cchapter 23, title 67, Idaho Code, on open public meetings; and
 14        (e)  Cchapter 3, title 9, Idaho Code, on disclosure of public records
 15    in the same manner that a traditional public school and the  board  of  school
 16    trustees of a school district are subject to those provisions.
 17        (2)  A  public  charter school may sue or be sued, purchase, receive, hold
 18    and convey real and personal property for school purposes,  and  borrow  money
 19    for  such  purposes, to the same extent and on the same conditions as a tradi-
 20    tional public school district, and its employees, directors and officers shall
 21    enjoy the same immunities as employees, directors and officers of  traditional
 22    public  school districts and other public schools, including those provided by
 23    chapter 9, title 6, Idaho Code. The approving authority of authorized charter-
 24    ing entity that grants a public school charter school shall have no  liability
 25    for  the  acts,  omissions,  debts  or  other  obligations of a public charter
 26    school, except as may be provided in an agreement or contract  with  such  the
 27    charter.  A local public school district shall have no liability for the acts,
 28    omissions, debts or other obligations of a public charter  school  located  in
 29    its  district  that has been approved by an authorized chartering entity other
 30    than the board of trustees of the local school district.
 31        (3)  Nothing in this chapter shall prevent the board  of  directors  of  a
 32    public  charter  school,  operating as a nonprofit corporation, from borrowing
 33    money to finance the purchase or lease of school building  facilities,  equip-
 34    ment and furnishings of those school building facilities. Subject to the terms
 35    of  a  contractual  agreement  between  the board and a lender, nothing herein
 36    shall prevent the board from using the facility, its  equipment  and  furnish-
 37    ings, as collateral for the loan.
 38        (4)  Public  cCharter  schools  shall  secure  insurance for liability and
 39    property loss.
 40        (5)  It shall be unlawful for:
 41        (a)  Any director to have pecuniary interest directly or indirectly in any
 42        contract or other transaction pertaining to the maintenance or conduct  of
 43        the  authorized  chartering entity and charter, or to accept any reward or
 44        compensation for services rendered as a director except as may  be  other-
 45        wise  provided  in this subsection (5). The board of directors of a public
 46        charter school may accept and award contracts involving the public charter
 47        school to businesses in which the director or a person related to  him  by
 48        blood or marriage within the second degree has a direct or indirect inter-
 49        est,  provided  that  the  procedures  set  forth  in  section  18-1361 or
 50        18-1361A, Idaho Code, are followed. The receiving,  soliciting  or  accep-
 51        tance  of  moneys  of  a  public charter school for deposit in any bank or
 52        trust company, or the lending of moneys by any bank or  trust  company  to
 53        any public charter school, shall not be deemed to be a contract pertaining
 54        to  the  maintenance  or conduct of a public charter school and authorized
 55        chartering entity within the meaning of this section; nor shall  the  pay-
                                                                        
                                           5
                                                                        
  1        ment  by  any  public charter school board of directors of compensation to
  2        any bank or trust company for services rendered in the transaction of  any
  3        banking  business  with  such  public charter school board of directors be
  4        deemed the payment of any reward or compensation to any officer or  direc-
  5        tor of any such bank or trust company within the meaning of this section.
  6        (b)  The  board of directors of any public charter school to enter into or
  7        execute any contract with the spouse of any  member  of  such  board,  the
  8        terms  of  which  said  contract  require, or will require, the payment or
  9        delivery of any public charter school funds, moneys or  property  to  such
 10        spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code.
 11        (6)  When  any  relative  of  any  director or relative of the spouse of a
 12    director related by affinity or consanguinity within the second degree  is  to
 13    be  considered  for employment in a public charter school, such director shall
 14    abstain from voting in the election of such relative, and shall be absent from
 15    the meeting while such employment is being considered and determined.
                                                                        
 16        SECTION 5.  That Chapter 52, Title 33, Idaho Code, be,  and  the  same  is
 17    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 18    ignated as Section 33-5204A, Idaho Code, and to read as follows:
                                                                        
 19        33-5204A.  APPLICABILITY OF PROFESSIONAL CODES AND  STANDARDS  --  LIMITA-
 20    TIONS  UPON AUTHORITY. (1) Every person who serves in a public charter school,
 21    either as an employee, contractor, or otherwise, in the capacity  of  teacher,
 22    supervisor,  administrator,  education  specialist, school nurse or librarian,
 23    must comply with the professional codes and standards approved  by  the  state
 24    board of education, including standards for ethics or conduct.
 25        (2)  Every  employee  of  a  public charter school and every member of the
 26    board of  directors  of  a  public  charter  school,  whether  compensated  or
 27    noncompensated,  shall comply with the standards of ethics or conduct applica-
 28    ble to public officials including, but not limited to, chapter  7,  title  59,
 29    Idaho  Code,  except  that  section  59-704A,  Idaho  Code,  which  permits  a
 30    noncompensated  public  official  to  have  an  interest in a contract made or
 31    entered into by the board of which he is a member  under  certain  conditions,
 32    shall not apply to the board of directors of a public charter school. A member
 33    of  the  board  of  directors  of  a  public charter school is prohibited from
 34    receiving a personal pecuniary benefit, directly or indirectly, pertaining  to
 35    a contractual relationship with the public charter school.
                                                                        
 36        SECTION  6.  That  Section 33-5205, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        33-5205.  PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1)  Any  group  of
 39    persons  may  request  the  board of trustees of a school district petition to
 40    establish a new public charter school, or to convert an  existing  traditional
 41    public  school within the school district to a public charter status school. A
 42    petition to convert an existing traditional public school shall  be  submitted
 43    to  the  board  of trustees of the district in which the school is located for
 44    review after and approval. Tthe petition has been shall be signed by not  less
 45    than sixty percent (60%) of the teachers currently employed by the school dis-
 46    trict  at the school to be converted, and by one (1) or more parents or guard-
 47    ians of not less than sixty percent (60%) of the students currently attending
 48    the school to be converted. A petition  to  establish  a  new  public  charter
 49    school  shall be submitted to the board of trustees of the district for review
 50    after and approval. Tthe  petition has been shall be signed by not  less  than
 51    thirty  (30) qualified electors of the district service area designated in the
                                                                        
                                           6
                                                                        
  1    petition.
  2        (2)  Not later than thirty (30) days after receiving a petition signed  in
  3    accordance  with  the  specifications  in  subsection (1) of this section, the
  4    board of trustees shall hold a meeting open to the public for the  purpose  of
  5    discussing  the  provisions of the charter, at which time the board shall con-
  6    sider the merits of the petition and the level of employee and  parental  sup-
  7    port  for  the petition. Following review of the petition and the public hear-
  8    ing, the board of trustees shall either grant or deny the charter within sixty
  9    (60) days of receipt of the petition, provided however, that the date  may  be
 10    extended  by  an additional sixty (60) days if the petition fails to meet con-
 11    tain the requisite signatures requirements or fails  to  contain  all  of  the
 12    information  required  in this section, or if both parties agree to the exten-
 13    sion.
 14        (3)  A board of trustees may grant a charter for  operation  of  a  school
 15    under  the  provisions of this chapter only if it determines that the petition
 16    contains the  number of requisite signatures, required, a statement of each of
 17    the conditions described in the information required by subsection (4) of this
 18    section, and descriptions of additional statements describing all of the  fol-
 19    lowing:
 20        (a)  The  proposed  educational  program  of  the  public  charter school,
 21        designed among other things, to identify what it means to be an  "educated
 22        person"  in  the  twenty-first  century, and how learning best occurs. The
 23        goals identified in the program shall include how  all  educational  thor-
 24        oughness  standards  as  defined  in section 33-1612, Idaho Code, shall be
 25        fulfilled.
 26        (b)  The measurable student educational standards identified  for  use  by
 27        the public charter school. "Student educational standards" for the purpose
 28        of  this  chapter  means  the  extent  to which all students of the public
 29        charter school demonstrate they have attained  the  skills  and  knowledge
 30        specified as goals in the school's educational program.
 31        (c)  The  method by which student progress in meeting those student educa-
 32        tional standards is to be measured.
 33        (d)  A provision by which students of the public charter  school  will  be
 34        tested  with the same standardized tests as other Idaho traditional public
 35        school students.
 36        (e)  A provision which ensures that the public  charter  school  shall  be
 37        state accredited as provided by rule of the state board of education.
 38        (f)  The  governance structure of the public charter school including, but
 39        not limited to, the person or entity who shall be legally accountable  for
 40        the  operation of the school, and the process to be followed by the public
 41        charter school to ensure parental involvement.
 42        (g)  The qualifications to be met by individuals employed  by  the  public
 43        charter  school.  Instructional  staff shall be certified teachers, or may
 44        apply for a waiver or any of the limited certification options as provided
 45        by rule of the state board of education.
 46        (h)  The procedures that the public charter school will follow  to  ensure
 47        the health and safety of students and staff.
 48        (i)  The  process by which the citizens in the area of attendance shall be
 49        made aware of the enrollment opportunities of the public charter school.
 50        (j)  Admission procedures, including provision  for  overenrollment.  Such
 51        admission  procedures shall provide that the iInitial admission procedures
 52        for a new public charter school, not a renewal,  including  provision  for
 53        overenrollment, which specifies admission will be determined by lottery or
 54        other  random  method,  except  as  otherwise  provided herein. If initial
 55        capacity is insufficient to enroll all pupils who submit a timely applica-
                                                                        
                                           7
                                                                        
  1        tion, then the admission procedures shall provide that preference shall be
  2        given in the following order: first, to  children  of  founders,  provided
  3        that  this admission preference shall be limited to not more than ten per-
  4        cent (10%) of the capacity of the public charter school; second,  to  sib-
  5        lings  of  pupils  already selected by the lottery or other random method;
  6        and second third, an equitable selection process such  as  by  lottery  or
  7        other  random method. If capacity is insufficient to enroll all pupils for
  8        subsequent school terms, who submit a timely application, then the  admis-
  9        sion  procedures  shall provide that preference shall be given in the fol-
 10        lowing order: first, to pupils returning to the public charter  school  in
 11        the second or any subsequent year of its operation; second, to children of
 12        founders,  provided that this admission preference shall be limited to not
 13        more than ten percent (10%) of the capacity of the public charter  school;
 14        third,  to  siblings  of  pupils  already  enrolled  in the public charter
 15        school; and third fourth, an equitable selection process such as  by  lot-
 16        tery or other random method.
 17             (i)   A  family participating in a lottery conducted pursuant to this
 18             subsection shall be permitted to enter only one (1) child in the lot-
 19             tery regardless of the number of children in the family making appli-
 20             cation. In the event a child is selected  through  the  lottery  con-
 21             ducted  pursuant to this subsection, and that child has siblings, the
 22             enrollment of such siblings in the public  charter  school  shall  be
 23             given preference pursuant to subsection (3)(j) of this section.
 24             (ii)  There shall be no carryover from year to year of the list main-
 25             tained  to fill vacancies. A new lottery shall be conducted each year
 26             to fill vacancies which become available.
 27             (iii) The description shall also include the method by which at least
 28             two (2) persons not associated with  the  public  charter  school  as
 29             employees, parents of students, or in any other way, will conduct the
 30             random selection method.
 31        (jk)  The   manner   in  which  an  annual  audit  of  the  financial  and
 32        programmatic operations of the public charter school is to be conducted.
 33        (kl)  The disciplinary procedures that the public charter school will uti-
 34        lize, including the procedure by which  students  can  may  be  suspended,
 35        expelled and reenrolled.
 36        (lm)  A  provision  which  ensures  that  all  staff members of the public
 37        charter school will be covered by the public employee  retirement  system,
 38        federal  social security, unemployment insurance and worker's compensation
 39        insurance.
 40        (mn)  The public  school  attendance  alternative  for  students  residing
 41        within  the  school  district  who choose not to attend the public charter
 42        school.
 43        (no)  A description of the transfer rights of  any  employee  choosing  to
 44        work in a public charter school and the rights of such employees to return
 45        to any noncharter school in the school district after employment at a pub-
 46        lic charter school.
 47        (op)  A  provision  which  ensures  that  the  staff of the public charter
 48        school shall be considered a separate unit for purposes of collective bar-
 49        gaining.
 50        (pq)  The procedures to be followed by the public charter school  and  the
 51        authorized  chartering  entity  granting  the  charter to resolve disputes
 52        relating to provisions of the charter.
 53        (qr)  The manner by which special education services will be  provided  to
 54        students  with disabilities who are eligible pursuant to the federal indi-
 55        viduals with disabilities education act.
                                                                        
                                           8
                                                                        
  1        (rs)  The manner by which eligible students from the public charter school
  2        shall be allowed to participate in dual enrollment in  noncharter  schools
  3        within  the same district as the public charter school, as provided for in
  4        chapter 2, title 33, section 33-203(7), Idaho Code.
  5        (4)  The petitioner shall provide information regarding the proposed oper-
  6    ation and potential effects of the public charter school  including,  but  not
  7    limited  to,  the  facilities to be utilized by the public charter school, the
  8    manner in which administrative services of the public charter school are to be
  9    provided and the potential civil liability effects  upon  the  public  charter
 10    school and upon the district authorized chartering entity.
                                                                        
 11        SECTION  7.  That  Section 33-5206, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-5206.  REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A PUBLIC  CHARTER
 14    SCHOOL.  (1)  In addition to any other requirements imposed in this chapter, a
 15    public charter school shall be nonsectarian  in  its  programs,  affiliations,
 16    admission  policies, employment practices, and all other operations, shall not
 17    charge tuition, levy taxes or issue bonds, and shall not discriminate  against
 18    any  student  on any basis prohibited by the federal or state constitutions or
 19    any federal, state or local law. Admission to a public  charter  school  shall
 20    not  be  determined  according to the place of residence of the student, or of
 21    the student's parent or guardian within the district, except  that  a  new  or
 22    conversion  public  charter  school  established  under the provisions of this
 23    chapter shall adopt and maintain a policy giving admission preference to  stu-
 24    dents who reside within the attendance area of that public charter school.
 25        (2)  No  board  of  trustees shall require any employee of the school dis-
 26    trict to be involuntarily assigned to work in a public charter school.
 27        (3)  Certified teachers in a public charter  school  shall  be  considered
 28    public  school  teachers. Educational experience shall accrue for service in a
 29    public charter school and such experience shall be counted by any school  dis-
 30    trict  to  which  the  teacher  returns  after  employment in a public charter
 31    school.
 32        (4)  No board of trustees shall require any student enrolled in the school
 33    district to attend a public charter school.
 34        (5)  Upon approval of the petition by the  board  of  trustees  authorized
 35    chartering  entity,  the  petitioner  shall  provide  written  notice  of that
 36    approval, including a copy of the petition, to the state board  of  education.
 37    For  the  purpose  of implementing the provisions of section 33-5203(2), Idaho
 38    Code, the state board of education shall assign a number to each  petition  it
 39    receives.  Petitions  shall  be  numbered  based on the chronological order in
 40    which notice of the approved petition is received by the state board of educa-
 41    tion.
 42        (6)  Each public charter school shall annually  submit  a  report  to  the
 43    local  board  of  trustees  authorized  chartering  entity  which approved its
 44    charter. In the case of a new charter school whose charter was granted by  the
 45    state  board  of education pursuant to section 33-5207, Idaho Code, the annual
 46    report shall be submitted to the state board of education.  The  report  shall
 47    contain  the  audit  of  the fiscal and programmatic operations as required in
 48    section 33-5205(3)(jk), Idaho Code, a report on student progress based on  the
 49    public  charter  school's  student educational standards identified in section
 50    33-5205(3)(b), Idaho Code, and a copy of the public charter school's  accredi-
 51    tation report.
                                                                        
 52        SECTION  8.  That  Section 33-5207, Idaho Code, be, and the same is hereby
                                                                        
                                           9
                                                                        
  1    amended to read as follows:
                                                                        
  2        33-5207.  CHARTER APPEAL  PROCEDURE.  (1)  If  a  local  school  board  of
  3    trustees grants a charter for the conversion of an existing traditional public
  4    school  within  the  school district over the objection of thirty (30) or more
  5    persons or employees of the district, or denies a petition for the  establish-
  6    ment  of a new public charter school for any reason including, but not limited
  7    to, failure by the petitioner to follow procedures or for failure  to  provide
  8    required  information, then such decisions may be appealed to the state super-
  9    intendent of public instruction  public  charter  school  commission,  at  the
 10    request  of  persons opposing the conversion of an existing traditional public
 11    school, or at the request of the petitioner whose request for  a  new  charter
 12    was denied.
 13        (2)  The state superintendent of public instruction shall select a hearing
 14    officer to review the action of the local board of trustees. The hearing offi-
 15    cer shall, within thirty (30) days of the request, review the charter petition
 16    and  convene  a  public hearing regarding the charter request. Within ten (10)
 17    days of the public hearing, the hearing officer shall submit a written  recom-
 18    mendation  to  the  local  board of trustees and to the persons requesting the
 19    review.
 20        (3)  Within thirty (30) days following receipt of  the  hearing  officer's
 21    written recommendation appeal, the local board of trustees shall hold a public
 22    hearing.  Within  ten  (10)  days of this hearing, the local board of trustees
 23    shall either affirm or reverse its  initial  decision.  The  board's  decision
 24    shall  be  in  writing  and contain findings which explain the reasons for its
 25    decision.
 26        (43)  If, upon reconsideration of a decision to approve the conversion  of
 27    an  existing  traditional  public school to a public charter school, the local
 28    school board:
 29        (a)  Affirms its  initial  decision  to  authorize  such  conversion,  the
 30        charter shall be granted and there shall be no further appeal.
 31        (b)  Reverses  its  initial decision and denies the conversion, that deci-
 32        sion is final and there shall be no further appeal.
 33        (54)  If, upon reconsideration of a decision to deny  establishment  of  a
 34    new  public  charter  school,  the  local  school  board authorized chartering
 35    entity:
 36        (a)  Reverses its initial decision and approves  the  new  public  charter
 37        school, the charter shall be granted and there shall be no further appeal.
 38        (b)  Affirms  its  initial decision denying the new public charter school,
 39        the petitioners for the establishment of the new public charter school may
 40        appeal to the state board of education public charter  school  commission.
 41        The state board of education commission shall hold a public hearing at its
 42        next  regular  meeting  within a reasonable time after receiving notice of
 43        such appeal and, after the public hearing, shall may approve  the  charter
 44        for the establishment of a new public charter school if it determines that
 45        the  local  board of trustees failed to appropriately consider the charter
 46        request petition, or if the local board it acted in an arbitrary manner in
 47        denying the request petition. Such public hearing shall be conducted  pur-
 48        suant to procedures as set by the state board of education.
 49        (65)  A  public charter school for which a charter is granted by the state
 50    board of education public charter school commission shall qualify fully  as  a
 51    public  charter school for all funding and other purposes of this chapter. The
 52    state board of education shall assume  the  role  of  the  chartering  entity.
 53    Employees  of  a public charter school authorized by the state board of educa-
 54    tion public charter school commission shall not be considered employees of the
                                                                        
                                           10
                                                                        
  1    local school district in which the public charter school is  located,  nor  of
  2    the state board of education.
  3        (76)  The  finding  of  the state board of education public charter school
  4    commission shall be subject to review pursuant to chapter 52, title 67,  Idaho
  5    Code.  Nothing  in this section shall prevent a petitioner from bringing a new
  6    petition at a later time.
  7        (87)  There shall be no appeal of a decision by a local  school  board  of
  8    trustees  which denies the conversion of an existing traditional public school
  9    within that district to a public charter school, or which  grants  a  petition
 10    for the establishment of a new public charter school.
                                                                        
 11        SECTION  9.  That  Section 33-5209, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-5209.  TIME LIMITS ENFORCEMENT -- REVOCATION -- APPEAL. (1)  A  charter
 14    granted  pursuant  to  this  chapter shall be valid for a period not to exceed
 15    five (5) years. A charter may be granted one (1) or more  subsequent  renewals
 16    by  the  original granting authority. Each renewal shall be valid for a period
 17    not to exceed five (5) years. A material revision of  the  provisions  of  the
 18    charter  petition  may  be  made only with the approval of the authority which
 19    granted the charter An authorized chartering entity shall ensure that all pub-
 20    lic charter schools for which it authorized charters,  or  for  which  it  has
 21    responsibility,  operate  in  accordance  with  the  charter granted. A public
 22    charter school or the authorized chartering entity may enter into negotiations
 23    to revise its charter at any time. The authorized chartering  entity's  review
 24    of the revised petition shall be limited in scope solely to the proposed revi-
 25    sions.
 26        (2)  A  charter  may be revoked by the original granting authority iIf the
 27    authority finds authorized chartering entity has reason to  believe  that  the
 28    public charter school has done any of the following, it shall provide the pub-
 29    lic  charter  school  written  notice  of  the defect and provide a reasonable
 30    opportunity to cure the defect:
 31        (a)  Committed a material violation of any condition, standard  or  proce-
 32        dure set forth in the approved charter; petition;
 33        (b)  Failed to substantially meet any of the student educational standards
 34        identified in the approved charter; petition;
 35        (c)  Failed to meet generally accepted accounting standards of fiscal man-
 36        agement;
 37        (d)  Failed  to  submit required reports to the authority which authorized
 38        chartering entity governing the approved charter; or
 39        (e)  Violated any provision of law.
 40        (3)  A decision to revoke, not to renew, or not to approve a revision of a
 41    charter may be appealed directly to the state board of  education.  The  state
 42    board  shall  essentially follow the procedure as provided in section 33-5207,
 43    Idaho Code A charter may be revoked by the authorized chartering entity if the
 44    public charter school has failed to cure a defect after  receiving  reasonable
 45    notice  and having had a reasonable opportunity to cure the defect. Revocation
 46    may not occur until the public charter school has been afforded a public hear-
 47    ing and a reasonable opportunity to cure the  defect,  unless  the  authorized
 48    chartering  entity  reasonably  determines that the continued operation of the
 49    public charter school presents an imminent public safety issue, in which  case
 50    the  charter may be revoked immediately. Public hearings shall be conducted by
 51    the governing authorized chartering entity, or such other  person  or  persons
 52    appointed  by  the authorized chartering entity to conduct public hearings and
 53    receive evidence as a contested case in accordance with section 67-5242, Idaho
                                                                        
                                           11
                                                                        
  1    Code. Reasonable notice and opportunity to reply shall include, at a  minimum,
  2    written notice setting out the basis for consideration of revocation, a period
  3    of  not  less than thirty (30) days within which the public charter school can
  4    reply in writing, and a public hearing within thirty (30) days of the  receipt
  5    of the written reply.
  6        (4)  Following  a  decision of revocation, appeal may be made to the state
  7    board of education within thirty (30) days following receipt  of  the  appeal,
  8    the  state  board  of  education shall hold a public hearing.  Within ten (10)
  9    days of this hearing, the state board of  education  shall  either  affirm  or
 10    reverse  the  decision of revocation. The board's decision shall be in writing
 11    and contain findings which explain the reasons for its decision. Any  decision
 12    affirming  or  reversing  a decision of revocation shall be based on the stan-
 13    dards contained in subsection (2) of this section.
 14        In the event the state board of education reverses a decision  of  revoca-
 15    tion,  the  public  charter school subject to such action shall then be placed
 16    under the chartering authority of the commission.
                                                                        
 17        SECTION 10.  That Section 33-5210, Idaho Code, be, and the same is  hereby
 18    amended to read as follows:
                                                                        
 19        33-5210.  APPLICATION  OF  SCHOOL  LAW -- ACCOUNTABILITY -- EXEMPTION FROM
 20    STATE RULES. (1) All public charter schools are under the general  supervision
 21    of the state board of education.
 22        (2)  The  local  board  of  trustees  and the state board of education are
 23    responsible to ensure Every authorized chartering entity that grants a charter
 24    shall be responsible for ensuring that  each  public  charter  school  program
 25    approved  by  it  that  authorized  chartering  entity  meets the terms of the
 26    charter, complies with the general education laws of the state unless specifi-
 27    cally directed otherwise in this chapter 52, title 33, Idaho Code,  and  oper-
 28    ates  in  accordance  with  the state educational standards of thoroughness as
 29    defined in section 33-1612, Idaho Code.
 30        (3)  Each  charter  school  shall  comply  with  the  financial  reporting
 31    requirements of section 33-701, subsections 5. through 10., Idaho Code, in the
 32    same manner as those requirements are imposed upon school districts.
 33        (4)  Each public charter school is otherwise exempt from  rules  governing
 34    school  districts which have been promulgated by the state board of education,
 35    or by the superintendent of public instruction, with the  exception  of  state
 36    rules relating to:
 37        (a)  Waiver  of teacher certification as necessitated by the provisions of
 38        section 33-5205(3)(g), Idaho Code;
 39        (b)  Accreditation of the school as necessitated by the provisions of sec-
 40        tion 33-5205(3)(e), Idaho Code;
 41        (c)  Qualifications of a student for attendance at an  alternative  school
 42        as necessitated by the provisions of section 33-5208(3), Idaho Code; and
 43        (d)  The  requirement  that all employees of the school undergo a criminal
 44        history check as required by section 33-130, Idaho Code; and
 45        (e)  All rules which specifically pertain to public charter  schools  pro-
 46        mulgated by the state board of education.
                                                                        
 47        SECTION  11.  That Section 33-5211, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        33-5211.  ASSISTANCE WITH PETITIONS -- INFORMATION. (1) The state  depart-
 50    ment of education shall provide technical assistance to persons or groups pre-
 51    paring or revising charter petitions.
                                                                        
                                           12
                                                                        
  1        (2)  Upon request, the state department of education shall distribute pro-
  2    vide  the following information concerning a public charter school whose peti-
  3    tion has been approved:
  4        (a)  The public charter school's petition.
  5        (b)  The annual audit performed at the public charter school  pursuant  to
  6        the public charter school petition.
  7        (c)  Any written report by the state board of education to the legislature
  8        reviewing the educational effectiveness of public charter schools.
                                                                        
  9        SECTION  12.  That  Chapter  52, Title 33, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated  as Section 33-5213, Idaho Code, and to read as follows:
                                                                        
 12        33-5213.  PUBLIC  CHARTER  SCHOOL COMMISSION. (1)  There is hereby created
 13    an independent public charter school commission, referred  to  hereinafter  as
 14    the  commission,  to be located in the office of the state board of education,
 15    pursuant to section 33-105, Idaho Code. It shall  be  the  responsibility  and
 16    duty  of  the executive director of the state board of education acting at the
 17    direction of the commission to administer and enforce the provisions  of  this
 18    chapter,  and  the  director  or his designee, shall serve as secretary to the
 19    commission.
 20        (2)  The public charter school commission shall adopt  rules,  subject  to
 21    law, regarding the governance and administration of the commission.
 22        (3)  The commission shall be composed of seven (7) members:
 23        (a)  Three  (3)  members  shall  be current or former members of boards of
 24        directors of Idaho public charter schools, and shall be appointed  by  the
 25        governor,  subject  to the advice and consent of the senate; provided how-
 26        ever, that no current member of a public charter school authorized by  the
 27        commission shall be eligible for appointment;
 28        (b)  Three  (3)  members  shall  be current or former trustees of an Idaho
 29        school district, and shall be appointed by the governor,  subject  to  the
 30        advice and consent of the senate; and
 31        (c)  One  (1) member shall be a member of the public at large not directly
 32        associated with the Idaho public education system.  The  six  (6)  members
 33        appointed  as  provided in paragraphs (a) and (b) of this subsection shall
 34        nominate an individual whose name shall be submitted to the  governor.  At
 35        the  option  of the governor, he may be appointed by the governor, subject
 36        to the advice and consent of the senate. If the nominee is rejected by the
 37        governor or the senate, another nominee shall be submitted  in  a  similar
 38        manner until a seventh member is selected.
 39    For the purpose of establishing staggered terms of office, the initial term of
 40    office  for  two (2) commission members shall be four (4) years and thereafter
 41    shall be four (4) years; the initial term of office for two (2) members  shall
 42    be three (3) years and thereafter shall be four (4) years; the initial term of
 43    office for two (2) members shall be two (2) years and thereafter shall be four
 44    (4)  years; and the initial term of office for one (1) member shall be one (1)
 45    year and thereafter shall be four (4) years. In making such appointments,  the
 46    governor  shall  ensure regional balance. Members of the commission shall hold
 47    office until the expiration of the term to which the member was appointed  and
 48    until  a successor has been duly appointed, unless sooner removed for cause by
 49    the appointing authority. Whenever a vacancy occurs, the appointing  authority
 50    shall appoint a qualified person to fill the vacancy for the unexpired portion
 51    of the term.
 52        (4)  All  members of the commission shall be citizens of the United States
 53    and residents of the state of Idaho for not less than two (2) years.
                                                                        
                                           13
                                                                        
  1        (5)  The members of the commission shall, at their first  regular  meeting
  2    following  the effective date of this act, and every two (2) years thereafter,
  3    elect, by a majority vote of the members of the commission, a chairman  and  a
  4    vice-chairman.  The  chairman shall preside at meetings of the commission, and
  5    the vice-chairman shall preside at such meetings in the absence of the  chair-
  6    man.  A  majority  of the members of the commission shall constitute a quorum.
  7    The commission shall meet at such times and places as determined to be  neces-
  8    sary and convenient, or at the call of the chair.
  9        (6)  Each  member  of  the  commission not otherwise compensated by public
 10    moneys shall be compensated as provided in section 59-509(h), Idaho Code.
                                                                        
 11        SECTION 13.  SEVERABILITY. The provisions of this act are hereby  declared
 12    to  be  severable  and if any provision of this act or the application of such
 13    provision to any person or circumstance is declared invalid  for  any  reason,
 14    such  declaration  shall  not affect the validity of the remaining portions of
 15    this act.
                                                                        
 16        SECTION 14. No provision of this act  shall  be  construed  to  revoke  or
 17    otherwise  limit  the  charter  of  any  public charter school existing on the
 18    effective date of this act; provided however, that all public charter  schools
 19    shall come into compliance with the duties and requirements of this act.
                                                                        
 20        SECTION  15.  An  emergency  existing  therefor, which emergency is hereby
 21    declared to exist, this act shall be in full force and effect on and after its
 22    passage and approval.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Moyle               
                                                                        
                                                     Seconded by Barraclough         
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                    HOUSE AMENDMENT TO HOUSE AMENDMENT TO S.B. NO. 1444
                                                                        
  1                       AMENDMENT TO THE AMENDMENT TO SECTION 9
  2        On page 6 of the  printed  amendment,  in  line  1,  following  "granted."
  3    insert: "A public charter school or the authorized chartering entity may enter
  4    into negotiations to revise its charter at any time.".
                                                                        
  5                              AMENDMENT TO THE AMENDMENT
  6        On page 7 of the printed amendment, delete lines 1 through 3 and insert:
  7                                "AMENDMENT TO THE BILL
  8        On  page  13, delete lines 16 through 19, and renumber the subsequent sec-
  9    tion accordingly.".
                                                                        
 10                         AMENDMENT TO THE CORRECTION TO TITLE
 11        On page 7 of the printed amendment, in line 7, delete "and in" and insert:
 12    "in"; also in  line  7,  following  "THE""  insert:  ";  in  line  31,  delete
 13    "GOVERNING  EFFECT  UPON  EXISTING  PUB-"; and in line 32, delete "LIC CHARTER
 14    SCHOOLS;"".
                                                     Moved by    Rydalch             
                                                                        
                                                     Seconded by Lake                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                             HOUSE AMENDMENTS TO S.B. NO. 1444
                                                                        
 15                               AMENDMENTS TO SECTION 2
 16        On page 2 of the printed bill, delete lines 14 through 20 and insert:
 17        "(1)  "Authorized chartering entity"  means  either  the  local  board  of
 18    trustees of a school district in this state, or the public charter school com-
 19    mission pursuant to the provisions of this chapter.
 20        (2)  "Charter"  means  the  grant  of authority approved by the authorized
 21    chartering entity to the board of directors of the public charter school.".
                                                                        
 22                               AMENDMENTS TO SECTION 3
 23        On page 3, delete lines 18 through 23 and insert:
 24        "(3)  A public charter school may be formed either by creating a new  pub-
 25    lic  charter school, which charter may be granted by any authorized chartering
 26    entity, or by converting an existing traditional public  school  to  a  public
 27    charter  status  school,  which  charter  may  only be granted by the board of
 28    trustees of the school  district  in  which  the  existing  public  school  is
 29    located.";  in line 34, following "district." insert: "The limitation provided
 30    in this subsection (4)(c) does  not  apply  to  a  home-based  public  virtual
 31    school.";  in line 36, following "commission." insert: "In addition, a charter
 32    may also be approved and granted by the state board of education  pursuant  to
 33    section  33-5207(5)(b),  Idaho  Code.";  and  delete  lines  40 through 42 and
                                                                        
                                          2
                                                                        
  1    insert:
  2        "(7)  The state board of education shall be responsible to designate those
  3    public charter schools that will be identified as  a  local  education  agency
  4    (LEA)  as  such term is defined in 34 CFR 300.18; however, only public charter
  5    schools chartered by the board  of  trustees  of  a  school  district  may  be
  6    included in that district's LEA.".
                                                                        
  7                               AMENDMENTS TO SECTION 6
  8        On  page  5, delete lines 38 through 51; delete pages 6 and 7; and on page
  9    8, delete lines 1 through 10 and insert:
 10        "33-5205.  PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any  group  of
 11    persons  may  request  the  board of trustees of a school district petition to
 12    establish a new public charter school, or to convert an  existing  traditional
 13    public school within the school district to a public charter status school.
 14        (a)  A petition to establish a new public charter school, including a pub-
 15        lic  virtual charter school, shall be signed by not fewer than thirty (30)
 16        qualified electors of the service area designated  in  the  petition,  and
 17        shall  first be submitted to the local board of trustees in which the pub-
 18        lic charter school will be located. The board of trustees may either:  (i)
 19        consider  the petition and approve the charter; or (ii) consider the peti-
 20        tion and reject the charter; or (iii) refer the  petition  to  the  public
 21        charter  school  commission.  If  the  petitioners  and the local board of
 22        trustees have not reached  mutual  agreement  on  the  provisions  of  the
 23        charter, after a reasonable and good faith effort, within thirty (30) days
 24        from  the  date of the submission of the charter petition, the petitioners
 25        may withdraw their petition from the local board of trustees and may  sub-
 26        mit their charter petition to the public charter school commission.
 27        (b)  A  petition to convert an existing traditional public school shall be
 28        submitted to the board of trustees of the district in which the school  is
 29        located  for  review  after  and approval. Tthe petition has been shall be
 30        signed by not less fewer than sixty percent (60%)  of  the  teachers  cur-
 31        rently  employed by the school district at the school to be converted, and
 32        by one (1) or more parents or guardians of not less fewer than sixty  per-
 33        cent (60%) of the students currently attending the school to be converted.
 34        A  petition  to  establish  a new charter school shall be submitted to the
 35        board of trustees of the district for review after the petition  has  been
 36        signed by not less than thirty (30) qualified electors of the district.
 37        (2)  Not  later than thirty (30) days after receiving a petition signed in
 38    accordance with the specifications in subsection  (1)  of  this  section,  the
 39    board  of  trustees  authorized chartering entity shall hold a meeting open to
 40    the public for the purpose of discussing the provisions  of  the  charter,  at
 41    which time the board authorized chartering entity shall consider the merits of
 42    the  petition and the level of employee and parental support for the petition.
 43    In the case of a petition submitted to the public charter  school  commission,
 44    the  public  hearing  shall  also include any oral or written comments that an
 45    authorized representative of the school district in which the proposed  public
 46    charter school would be physically located may provide regarding the merits of
 47    the  petition  and  any  potential  impacts  on the school district. Following
 48    review of the petition and the public hearing, the board  of  trustees  autho-
 49    rized  chartering  entity  shall either grant or deny the charter within sixty
 50    (60) days of receipt of the petition, provided however, that the date  may  be
 51    extended  by  an additional sixty (60) days if the petition fails to meet con-
 52    tain the requisite signatures requirements or fails  to  contain  all  of  the
 53    information  required  in this section, or if both parties agree to the exten-
 54    sion.
                                                                        
                                          3
                                                                        
  1        (3)  A board of trustees An authorized  chartering  entity   may  grant  a
  2    charter for operation of a school under the provisions of this chapter only if
  3    it  determines  that the petition contains the number of requisite signatures,
  4    required, a statement  of each of the conditions described in the  information
  5    required  by  subsection  (4)  of this section, and descriptions of additional
  6    statements describing all of the following:
  7        (a)  The proposed  educational  program  of  the  public  charter  school,
  8        designed  among other things, to identify what it means to be an "educated
  9        person" in the twenty-first century, and how  learning  best  occurs.  The
 10        goals  identified  in  the program shall include how all educational thor-
 11        oughness standards as defined in section 33-1612,  Idaho  Code,  shall  be
 12        fulfilled.
 13        (b)  The  measurable  student  educational standards identified for use by
 14        the public charter school. "Student educational standards" for the purpose
 15        of this chapter means the extent to  which  all  students  of  the  public
 16        charter  school  demonstrate  they  have attained the skills and knowledge
 17        specified as goals in the school's educational program.
 18        (c)  The method by which student progress in meeting those student  educa-
 19        tional standards is to be measured.
 20        (d)  A  provision  by  which students of the public charter school will be
 21        tested with the same standardized tests as other Idaho public school  stu-
 22        dents.
 23        (e)  A  provision  which  ensures  that the public charter school shall be
 24        state accredited as provided by rule of the state board of education.
 25        (f)  The governance structure of the public charter school including,  but
 26        not  limited to, the person or entity who shall be legally accountable for
 27        the operation of the public charter school, and the process to be followed
 28        by the public charter school to ensure parental involvement.
 29        (g)  The qualifications to be met by individuals employed  by  the  public
 30        charter  school.  Instructional  staff shall be certified teachers, or may
 31        apply for a waiver or any of the limited certification options as provided
 32        by rule of the state board of education.
 33        (h)  The procedures that the public charter school will follow  to  ensure
 34        the health and safety of students and staff.
 35        (i)  Admission  procedures,  including  provision for overenrollment. Such
 36        admission procedures shall provide that the iInitial admission  procedures
 37        for  a  new  public charter school, not a renewal, including provision for
 38        overenrollment, which specifies admission will be determined by lottery or
 39        other random method, except  as  otherwise  provided  herein.  If  initial
 40        capacity is insufficient to enroll all pupils who submit a timely applica-
 41        tion,  then  the admission procedures may provide that preference shall be
 42        given in the following order: first, to  children  of  founders,  provided
 43        that  this admission preference shall be limited to not more than ten per-
 44        cent (10%) of the capacity of the public charter school; second,  to  sib-
 45        lings  of  pupils  already selected by the lottery or other random method;
 46        and second third, an equitable selection process such  as  by  lottery  or
 47        other  random method. If capacity is insufficient to enroll all pupils for
 48        subsequent school terms, who submit a timely application, then the  admis-
 49        sion  procedures may provide that preference shall be given in the follow-
 50        ing order: first, to pupils returning to the public charter school in  the
 51        second  or  any  subsequent  year of its operation; second, to children of
 52        founders, provided that this admission preference shall be limited to  not
 53        more  than ten percent (10%) of the capacity of the public charter school;
 54        third, to siblings of  pupils  already  enrolled  in  the  public  charter
 55        school;  and  third fourth, an equitable selection process such as by lot-
                                                                        
                                          4
                                                                        
  1        tery or other random method. There shall be no carryover from year to year
  2        of the list maintained to fill vacancies. A new lottery shall be conducted
  3        each year to fill vacancies which become available.
  4        (j)  The manner in which an annual audit of the financial and programmatic
  5        operations of the public charter school is to be conducted.
  6        (k)  The disciplinary procedures by which that the public  charter  school
  7        will  utilize,  including  the procedure by which students can may be sus-
  8        pended, expelled and reenrolled.
  9        (l)  A provision which ensures  that  all  staff  members  of  the  public
 10        charter  school  will be covered by the public employee retirement system,
 11        federal social security, unemployment insurance and worker's  compensation
 12        insurance.
 13        (m)  The public school attendance alternative for students residing within
 14        the school district who choose not to attend the public charter school.
 15        (n)  A description of the transfer rights of any employee choosing to work
 16        in  a  public charter school and the rights of such employees to return to
 17        any noncharter school in the school district after employment at a  public
 18        charter school.
 19        (o)  A provision which ensures that the staff of the public charter school
 20        shall be considered a separate unit for purposes of collective bargaining.
 21        (p)  The  procedures  to  be followed by the public charter school and the
 22        authorized chartering entity granting  the  charter  to  resolve  disputes
 23        relating to provisions of the charter.
 24        (q)  The  manner  by  which special education services will be provided to
 25        students with disabilities who are eligible pursuant to the federal  indi-
 26        viduals with disabilities education act.
 27        (r)  The  manner by which eligible students from the public charter school
 28        shall be allowed to participate in dual enrollment in  noncharter  schools
 29        within  the same district as the public charter school, as provided for in
 30        chapter 2, title 33 section 33-203(7), Idaho Code.
 31        (s)  The process by which the citizens in the area of attendance shall  be
 32        made aware of the enrollment opportunities of the public charter school.
 33        (4)  The petitioner shall provide information regarding the proposed oper-
 34    ation  and  potential  effects of the public charter school including, but not
 35    limited to, the facilities to be utilized by the public  charter  school,  the
 36    manner in which administrative services of the public charter school are to be
 37    provided  and  the  potential  civil liability effects upon the public charter
 38    school and upon the district authorized chartering entity.".
                                                                        
 39                                AMENDMENT TO SECTION 7
 40        On page 8, in line 48, delete "(jk)" and insert: "(j)".
                                                                        
 41                               AMENDMENTS TO SECTION 8
 42        On page 9, delete lines 2 through 54; and  on  page  10,  delete  lines  1
 43    through 10 and insert:
 44        "33-5207.  CHARTER  APPEAL  PROCEDURE.  (1)  If  a  local  school board of
 45    trustees, acting in its capacity as an authorized chartering entity, grants  a
 46    charter for the conversion of an existing traditional public school within the
 47    school district over the objection of thirty (30) or more persons or employees
 48    of  the  district, or if an authorized chartering entity denies a petition for
 49    the establishment of a new public charter school for any reason including, but
 50    not limited to, failure by the petitioner to follow procedures or for  failure
 51    to  provide  required  information, then such decisions may be appealed to the
 52    state superintendent of public instruction, at the request of persons opposing
 53    the conversion of an existing traditional public school, or at the request  of
                                                                        
                                          5
                                                                        
  1    the petitioner whose request for a new charter was denied.
  2        (2)  The state superintendent of public instruction shall select a hearing
  3    officer  to  review the action of the local board of trustees authorized char-
  4    tering entity, pursuant to section 67-5242, Idaho Code.  The  hearing  officer
  5    shall, within thirty (30) days of the request, review the charter petition and
  6    convene  a  public  hearing regarding the charter request petition. Within ten
  7    (10) days of the public hearing, the hearing officer shall  submit  a  written
  8    recommendation to the local board of trustees authorized chartering entity and
  9    to  the persons requesting the review. The recommendation by the hearing offi-
 10    cer either to affirm or reverse the  decision  of  the  authorized  chartering
 11    entity  shall be based upon the standards and criteria contained in this chap-
 12    ter and upon any public charter school rules adopted by  the  state  board  of
 13    education.  The  recommendation  shall  be  in  writing  and  accompanied by a
 14    reasoned statement that explains the criteria and standards  considered  rele-
 15    vant, states the relevant contested facts relied upon, and explains the ratio-
 16    nale  for the recommendations based on the applicable statutory provisions and
 17    factual information contained in the record.
 18        (3)  Within thirty (30) days following receipt of  the  hearing  officer's
 19    written  recommendation,  the  local  board  of trustees authorized chartering
 20    entity shall hold a public hearing. Within ten (10) days of this hearing,  the
 21    local  board  of  trustees authorized chartering entity shall either affirm or
 22    reverse its initial decision. The board's authorized chartering entity's deci-
 23    sion shall be in writing and contain findings which explain  the  reasons  for
 24    its decision.
 25        (4)  If,  upon  reconsideration of a decision to approve the conversion of
 26    an existing traditional public school to a public charter  school,  the  local
 27    school board:
 28        (a)  Affirms  its  initial  decision  to  authorize  such  conversion, the
 29        charter shall be granted and there shall be no further appeal.
 30        (b)  Reverses its initial decision and denies the conversion,  that  deci-
 31        sion is final and there shall be no further appeal.
 32        (5)  If, upon reconsideration of a decision to deny establishment of a new
 33    public charter school, the local school board authorized chartering entity:
 34        (a)  Reverses  its  initial  decision  and approves the new public charter
 35        school, the charter shall be granted and there shall be no further appeal.
 36        (b)  Affirms its initial decision denying the new public  charter  school,
 37        the petitioners for the establishment of the new public charter school may
 38        appeal to the state board of education. The state board of education shall
 39        hold a public hearing at its next regular meeting within a reasonable time
 40        after  receiving notice of such appeal but no later than sixty (60) calen-
 41        dar days after receiving such notice, and after the public hearing,  shall
 42        take  any of the following actions: (i) approve the charter for the estab-
 43        lishment of a new public charter school if it determines  that  the  local
 44        board  of  trustees  authorized  chartering entity failed to appropriately
 45        consider the charter request petition,  or if the local board it acted  in
 46        an arbitrary manner in denying the request; (ii) remand the matter back to
 47        the  authorized  chartering  entity  for further review as directed by the
 48        state board of education; or (iii) redirect the matter to  another  autho-
 49        rized  chartering entity for further review as directed by the state board
 50        of education. Such public hearing shall be conducted  pursuant  to  proce-
 51        dures as set by the state board of education.
 52        (6)  A  public  charter school for which a charter is granted by the state
 53    board of education shall qualify fully as a  public  charter  school  for  all
 54    funding  and other purposes of this chapter. The state board of education pub-
 55    lic charter school commission shall assume the role of the authorized charter-
                                                                        
                                          6
                                                                        
  1    ing entity for any charter authorized by the state board of education as  pro-
  2    vided  in  subsection  (5)(b)  of  this section. Employees of a public charter
  3    school authorized by the state board of  education  shall  not  be  considered
  4    employees  of  the local school district in which the public charter school is
  5    located, nor of the state board of education, nor of the commission.
  6        (7)  The finding decision of the state board of education shall be subject
  7    to review pursuant to chapter 52, title 67, Idaho Code. Nothing in  this  sec-
  8    tion shall prevent a petitioner from bringing a new petition at a later time.
  9        (8)  There  shall  be  no  appeal of a decision by a local school board of
 10    trustees which denies the conversion of an existing traditional public  school
 11    within  that  district  to a public charter school, or which grants a petition
 12    for the establishment of a new public charter school.".
                                                                        
 13                               AMENDMENTS TO SECTION 9
 14        On page 10, delete lines 13 through 53; and on page  11,  delete  lines  1
 15    through 16 and insert:
 16        "33-5209.  TIME  LIMITS ENFORCEMENT -- REVOCATION -- APPEAL. (1) A charter
 17    granted pursuant to this chapter shall be valid for a  period  not  to  exceed
 18    five  (5)  years. A charter may be granted one (1) or more subsequent renewals
 19    by the original granting authority. Each renewal shall be valid for  a  period
 20    not  to  exceed  five  (5) years. A material revision of the provisions of the
 21    charter petition may be made only with the approval  of  the  authority  which
 22    granted the charter An authorized chartering entity shall ensure that all pub-
 23    lic  charter  schools  for  which  it authorized charters, or for which it has
 24    responsibility, operate in accordance  with  the  charter  granted.  A  public
 25    charter  school may petition to revise its charter at any time. The authorized
 26    chartering entity's review of the revised petition shall be limited  in  scope
 27    solely to the proposed revisions.
 28        (2)  A  charter  may be revoked by the original granting authority iIf the
 29    authority finds authorized chartering entity has reason to  believe  that  the
 30    public charter school has done any of the following, it shall provide the pub-
 31    lic  charter  school  written  notice   of the defect and provide a reasonable
 32    opportunity to cure the defect:
 33        (a)  Committed a material violation of any condition, standard  or  proce-
 34        dure set forth in the approved charter; petition;
 35        (b)  Failed to substantially meet any of the student educational standards
 36        identified in the approved charter; petition;
 37        (c)  Failed to meet generally accepted accounting standards of fiscal man-
 38        agement;
 39        (d)  Failed  to  submit required reports to the authority which authorized
 40        chartering entity governing the charter; or
 41        (e)  Violated any provision of law.
 42        (3)  A charter may be revoked by the authorized chartering entity  if  the
 43    public  charter  school has failed to cure a defect after receiving reasonable
 44    notice and having had a reasonable opportunity to cure the defect.  Revocation
 45    may not occur until the public charter school has been afforded a public hear-
 46    ing  and  a  reasonable  opportunity to cure the defect, unless the authorized
 47    chartering entity reasonably determines that the continued  operation  of  the
 48    public  charter school presents an imminent public safety issue, in which case
 49    the charter may be revoked immediately. Public hearings shall be conducted  by
 50    the  governing  authorized  chartering entity, or such other person or persons
 51    appointed by the authorized chartering entity to conduct public  hearings  and
 52    receive evidence as a contested case in accordance with section 67-5242, Idaho
 53    Code.  Reasonable notice and opportunity to reply shall include, at a minimum,
 54    written notice setting out the basis for consideration of revocation, a period
                                                                        
                                          7
                                                                        
  1    of not less than thirty (30) days within which the public charter  school  can
  2    reply  in writing, and a public hearing within thirty (30) days of the receipt
  3    of the written reply.
  4        (4)  A decision to revoke, not to renew, or not to approve a revision of a
  5    charter may be appealed directly to the state board of education. With respect
  6    to such appeal, tThe state board of education  shall  essentially  follow  the
  7    procedure  as  provided in section 33-5207(5)(b), Idaho Code. In the event the
  8    state board of education reverses a decision of revocation, the public charter
  9    school subject to such action  shall  then  be  placed  under  the  chartering
 10    authority of the commission.".
                                                                        
 11                               AMENDMENTS TO SECTION 12
 12        On  page  12,  in line 26, following "current" insert: "board"; and delete
 13    lines 31 through 46 and insert:
 14        "(c)  One (1) member shall be a member of the public at large not directly
 15        associated with the Idaho public education system, and shall be  appointed
 16        by the governor, subject to the advice and consent of the senate.
 17    For the purpose of establishing staggered terms of office, the initial term of
 18    office for three (3) commission members shall be four (4) years and thereafter
 19    shall  be four (4) years; the initial term of office for two (2) members shall
 20    be three (3) years and thereafter shall be four (4)  years;  and  the  initial
 21    term of office for two (2) members shall be two (2) years and thereafter shall
 22    be  four  (4)  years. In making such appointments, the governor shall consider
 23    regional balance. Members of the commission shall hold".
                                                                        
                                          8
                                                                        
  1                               AMENDMENTS TO SECTION 14
  2        On page 13, in line 18, following "act" delete the remainder of the  line;
  3    delete line 19 and insert: ".".
                                                                        
  4                                 CORRECTION TO TITLE
  5        On  page  1, in line 7, following "SCHOOL," insert: "TO PROVIDE THAT A NEW
  6    PUBLIC CHARTER SCHOOL MAY BE APPROVED BY AN  AUTHORIZED  CHARTERING  ENTITY,";
  7    and in line 23, delete "PROVIDE" and insert: "CLARIFY THE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
           SENATE BILL NO. 1444, As Amended in the House, As Amended in the House
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202, IDAHO  CODE,  TO
  3        CLARIFY  LEGISLATIVE INTENT; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY
  4        THE ADDITION OF A NEW SECTION  33-5202A,  IDAHO  CODE,  TO  DEFINE  TERMS;
  5        AMENDING  SECTION  33-5203,  IDAHO CODE, TO REVISE LIMITS ON THE NUMBER OF
  6        PUBLIC CHARTER SCHOOLS, TO GOVERN METHODS  OF  FORMING  A  PUBLIC  CHARTER
  7        SCHOOL,  TO PROVIDE THAT A NEW PUBLIC CHARTER SCHOOL MAY BE APPROVED BY AN
  8        AUTHORIZED CHARTERING ENTITY, TO PROVIDE ADDITIONAL LIMITATIONS ON  AUTHO-
  9        RIZING  A  CHARTER,  TO  PROVIDE RULES TO BE ADOPTED BY THE STATE BOARD OF
 10        EDUCATION AND TO DESIGNATE  CERTAIN LOCAL EDUCATIONAL  AGENCIES;  AMENDING
 11        SECTION  33-5204,  IDAHO  CODE,  TO  CLARIFY  LIABILITY FOR PUBLIC CHARTER
 12        SCHOOLS AND TO SPECIFY CERTAIN PROHIBITED ACTS; AMENDING CHAPTER 52, TITLE
 13        33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-5204A, IDAHO CODE,  TO
 14        GOVERN  APPLICABILITY  OF PROFESSIONAL CODES AND STANDARDS TO EMPLOYEES OF
 15        PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE,  TO  FURTHER
 16        GOVERN  PROCEDURE  FOR A PETITION TO ESTABLISH A PUBLIC CHARTER SCHOOL AND
 17        TO  FURTHER  GOVERN  PERMITTED  ADMISSION  PROCEDURES;  AMENDING   SECTION
 18        33-5206, IDAHO CODE, TO PROVIDE REFERENCES TO AUTHORIZED CHARTERING ENTITY
 19        AND  TO  FURTHER  GOVERN  REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A
 20        PUBLIC CHARTER SCHOOL; AMENDING SECTION 33-5207, IDAHO  CODE,  TO  PROVIDE
 21        REFERENCES  TO  AUTHORIZED  CHARTERING ENTITY AND TO FURTHER GOVERN APPEAL
 22        PROCEDURES; AMENDING  SECTION  33-5209,  IDAHO  CODE,  TO  STRIKE  CERTAIN
 23        RENEWAL  REQUIREMENTS,  TO  PROVIDE  REFERENCES  TO  AUTHORIZED CHARTERING
 24        ENTITY, TO PROVIDE FOR PUBLIC HEARING OF DETERMINATION TO REVOKE A CHARTER
 25        AND TO CLARIFY THE APPEAL PROCEDURE; AMENDING SECTION 33-5210, IDAHO CODE,
 26        TO PROVIDE REFERENCES TO AUTHORIZED CHARTERING ENTITY, TO REQUIRE  CERTAIN
 27        FINANCIAL REPORTING AND TO SPECIFY APPLICATION OF RULES WHICH SPECIFICALLY
 28        PERTAIN  TO  PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5211, IDAHO CODE,
 29        TO REVISE INFORMATION  DISTRIBUTION  REQUIREMENTS;  AMENDING  CHAPTER  52,
 30        TITLE  33,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 33-5213, IDAHO
 31        CODE, TO CREATE AN INDEPENDENT PUBLIC CHARTER SCHOOL COMMISSION,  TO  PRO-
 32        VIDE MEMBERS AND PROVIDE FOR MEETINGS; PROVIDING SEVERABILITY; AND DECLAR-
 33        ING AN EMERGENCY.
                                                                        
 34    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 35        SECTION  1.  That  Section 33-5202, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        33-5202.  LEGISLATIVE INTENT. It is the intent of the legislature to  pro-
 38    vide  opportunities  for  teachers, parents, students and community members to
 39    establish and maintain public charter schools which operate independently from
 40    the existing traditional school district structure  but  within  the  existing
 41    public school system as a method to accomplish all any of the following:
 42        (1)  Improve student learning;
 43        (2)  Increase learning opportunities for all students, with special empha-
                                                                        
                                           2
                                                                        
  1    sis on expanded learning experiences for students;
  2        (3)  Include the use of different and innovative teaching methods;
  3        (4)  Utilize virtual distance learning and on-line learning;
  4        (5)  Create  new  professional  opportunities  for teachers, including the
  5    opportunity to be responsible for the learning program at the school site;
  6        (6)  Provide parents and students with expanded choices in  the  types  of
  7    educational  opportunities that are available within the public school system;
  8        (7)  Hold the schools established under this chapter accountable for meet-
  9    ing measurable student educational standards.
                                                                        
 10        SECTION  2.  That  Chapter  52,  Title 33, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 33-5202A, Idaho Code, and to read as follows:
                                                                        
 13        33-5202A.  DEFINITIONS.  As  used  in  this  chapter,  unless  the context
 14    requires otherwise:
 15        (1)  "Authorized chartering  entity"  means  either  the  local  board  of
 16    trustees of a school district in this state, or the public charter school com-
 17    mission pursuant to the provisions of this chapter.
 18        (2)  "Charter"  means  the  grant  of authority approved by the authorized
 19    chartering entity to the board of directors of the public charter school.
 20        (3)  "Founder" means a person, including employees or staff  of  a  public
 21    charter  school, who makes a material contribution toward the establishment of
 22    a public charter school in accordance with criteria determined by the board of
 23    directors of the public charter school, and who is designated as such  at  the
 24    time  the  board  of directors acknowledges and accepts such contribution. The
 25    criteria for determining when a person is a  founder  shall  not  discriminate
 26    against   any  person  on  any  basis  prohibited  by  the  federal  or  state
 27    constitutions or any federal, state or local law. The designation of a  person
 28    as  a  founder,  and  the admission preferences available to the children of a
 29    founder, shall not constitute pecuniary benefits.
 30        (4)  "Petition" means the document submitted by a person or persons to the
 31    authorized chartering entity to request  the  creation  of  a  public  charter
 32    school.
 33        (5)  "Public  charter school" means a school that is authorized under this
 34    chapter to deliver public education in Idaho.
 35        (6)  "Public virtual school" means a public charter school that may  serve
 36    students in more than one (1) school district and that provides instruction to
 37    pupils  primarily  through virtual distance learning or online technologies. A
 38    building-based public virtual school primarily provides  such  instruction  at
 39    one (1) or more central building locations. A home-based public virtual school
 40    primarily provides such instruction directly to the pupil at home.
 41        (7)  "Traditional  public school" means any school existing or to be built
 42    that is operated and controlled by a school district in this state.
                                                                        
 43        SECTION 3.  That Section 33-5203, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:
                                                                        
 45        33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
 46    schools  is  hereby  authorized.  Public cCharter schools shall be part of the
 47    state's program of public education.
 48        (2)  It is the intent of the  legislature  that  tThe  number  of  charter
 49    schools  which  may  be approved in each of the first five (5) years after the
 50    effective date of this act shall be limited in number and geographic distribu-
 51    tion in accordance with the following:
                                                                        
                                           3
                                                                        
  1        (a)  Not more than sixty (60) schools may be approved in  the  first  five
  2        (5) years after the effective date of this act, and
  3        (b)  Not  more than twelve six (126) newly-chartered public schools may be
  4        approved in for any one (1) school year, and
  5        (c)  Not more than two (2) charters per year may be granted within an edu-
  6        cational classification region as established by the state board of educa-
  7        tion, and
  8        (db)  Not more than one (1) newly-chartered public school may  be  granted
  9        for any one (1) school district in for a school year, and
 10        (ec)  No  whole  school district may be converted to a charter district or
 11        any configuration which includes all schools as public charter schools.
 12    The legislature further finds that, notwithstanding the  limitations  of  this
 13    subsection (2), if fewer than twelve (12) charters are approved by June 1 of a
 14    year,  the  unused allotments shall be assigned to a statewide pool for use by
 15    other requesting districts. Distributions from the pool shall be made by  ran-
 16    dom drawing.
 17        (3)  A public charter school may be formed either by creating a new public
 18    charter  school,  which  charter  may  be granted by any authorized chartering
 19    entity, or by converting an existing traditional public  school  to  a  public
 20    charter  status  school,  which  charter  may  only be granted by the board of
 21    trustees of the school  district  in  which  the  existing  public  school  is
 22    located.
 23        (4)  No charter shall be granted under this chapter: which authorizes
 24        (a)  Which  provides  for  the conversion of any existing private or paro-
 25        chial school to a public charter school.
 26        (b)  No charter shall be  granted tTo a for-profit entity  or  any  school
 27        which is operated by a for-profit entity, provided however, nothing herein
 28        shall  prevent  the  board  of  directors  of a public charter school from
 29        legally contracting with for-profit entities for the provision of products
 30        or services that aid in the operation of the school.
 31        (c)  By the board of trustees of a school district if the  public  charter
 32        school's  physical  location  is outside the boundaries of the authorizing
 33        school district. The limitation provided in this  subsection  (4)(c)  does
 34        not apply to a home-based public virtual school.
 35        (5)  A  public virtual school charter may be granted by the public charter
 36    school commission. In addition, a charter may also be approved and granted  by
 37    the state board of education pursuant to section 33-5207(5)(b), Idaho Code.
 38        (6)  The  state  board  of education shall adopt rules, subject to law, to
 39    establish a consistent application and review process  for  the  approval  and
 40    maintenance of all public charter schools.
 41        (7)  The  state board of education shall be responsible to designate those
 42    public charter schools that will be identified as  a  local  education  agency
 43    (LEA)  as  such term is defined in 34 CFR 300.18; however, only public charter
 44    schools chartered by the board  of  trustees  of  a  school  district  may  be
 45    included in that district's LEA.
                                                                        
 46        SECTION  4.  That  Section 33-5204, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        33-5204.  NONPROFIT CORPORATION -- LIABILITY -- INSURANCE.  (1)  A  public
 49    charter school shall be organized and managed under the Idaho nonprofit corpo-
 50    ration  act. The board of directors of a public charter school shall be deemed
 51    public agents authorized by a public school district or  the  state  board  of
 52    education  to  control  the public charter school, but shall function indepen-
 53    dently of any school board of trustees in any school  district  in  which  the
                                                                        
                                           4
                                                                        
  1    public charter school is located, except as provided in the charter. A charter
  2    school  shall  be considered a public school for all purposes and shall comply
  3    with the audit reporting requirements of section 33-701 6.,  Idaho  Code,  and
  4    shall  annually  file financial and statistical reports as required in section
  5    33-701 7., Idaho Code. For the purposes of section 59-1302(15), Idaho Code,  a
  6    public  charter school created pursuant to this chapter shall be deemed a gov-
  7    ernmental entity. Pursuant to the provisions of section 63-3622O, Idaho  Code,
  8    sales  to  or  purchases by a public charter school are exempt from payment of
  9    the sales and use tax. A public charter school and the board of directors of a
 10    public charter school are subject to the provisions of:
 11        (a)  Sections 18-1351 through 18-1362, Idaho Code, on bribery and  corrupt
 12        influence;
 13        (b)  Chapter  2,  title  59, Idaho Code, on prohibitions against contracts
 14        with officers;
 15        (c)  Chapter 7, title 59, Idaho Code, on ethics in government;
 16        (d)  Cchapter 23, title 67, Idaho Code, on open public meetings; and
 17        (e)  Cchapter 3, title 9, Idaho Code, on disclosure of public records
 18    in the same manner that a traditional public school and the  board  of  school
 19    trustees of a school district are subject to those provisions.
 20        (2)  A  public  charter school may sue or be sued, purchase, receive, hold
 21    and convey real and personal property for school purposes,  and  borrow  money
 22    for  such  purposes, to the same extent and on the same conditions as a tradi-
 23    tional public school district, and its employees, directors and officers shall
 24    enjoy the same immunities as employees, directors and officers of  traditional
 25    public  school districts and other public schools, including those provided by
 26    chapter 9, title 6, Idaho Code. The approving authority of authorized charter-
 27    ing entity that grants a public school charter school shall have no  liability
 28    for  the  acts,  omissions,  debts  or  other  obligations of a public charter
 29    school, except as may be provided in an agreement or contract  with  such  the
 30    charter.  A local public school district shall have no liability for the acts,
 31    omissions, debts or other obligations of a public charter  school  located  in
 32    its  district  that has been approved by an authorized chartering entity other
 33    than the board of trustees of the local school district.
 34        (3)  Nothing in this chapter shall prevent the board  of  directors  of  a
 35    public  charter  school,  operating as a nonprofit corporation, from borrowing
 36    money to finance the purchase or lease of school building  facilities,  equip-
 37    ment and furnishings of those school building facilities. Subject to the terms
 38    of  a  contractual  agreement  between  the board and a lender, nothing herein
 39    shall prevent the board from using the facility, its  equipment  and  furnish-
 40    ings, as collateral for the loan.
 41        (4)  Public  cCharter  schools  shall  secure  insurance for liability and
 42    property loss.
 43        (5)  It shall be unlawful for:
 44        (a)  Any director to have pecuniary interest directly or indirectly in any
 45        contract or other transaction pertaining to the maintenance or conduct  of
 46        the  authorized  chartering entity and charter, or to accept any reward or
 47        compensation for services rendered as a director except as may  be  other-
 48        wise  provided  in this subsection (5). The board of directors of a public
 49        charter school may accept and award contracts involving the public charter
 50        school to businesses in which the director or a person related to  him  by
 51        blood or marriage within the second degree has a direct or indirect inter-
 52        est,  provided  that  the  procedures  set  forth  in  section  18-1361 or
 53        18-1361A, Idaho Code, are followed. The receiving,  soliciting  or  accep-
 54        tance  of  moneys  of  a  public charter school for deposit in any bank or
 55        trust company, or the lending of moneys by any bank or  trust  company  to
                                                                        
                                           5
                                                                        
  1        any public charter school, shall not be deemed to be a contract pertaining
  2        to  the  maintenance  or conduct of a public charter school and authorized
  3        chartering entity within the meaning of this section; nor shall  the  pay-
  4        ment  by  any  public charter school board of directors of compensation to
  5        any bank or trust company for services rendered in the transaction of  any
  6        banking  business  with  such  public charter school board of directors be
  7        deemed the payment of any reward or compensation to any officer or  direc-
  8        tor of any such bank or trust company within the meaning of this section.
  9        (b)  The  board of directors of any public charter school to enter into or
 10        execute any contract with the spouse of any  member  of  such  board,  the
 11        terms  of  which  said  contract  require, or will require, the payment or
 12        delivery of any public charter school funds, moneys or  property  to  such
 13        spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code.
 14        (6)  When  any  relative  of  any  director or relative of the spouse of a
 15    director related by affinity or consanguinity within the second degree  is  to
 16    be  considered  for employment in a public charter school, such director shall
 17    abstain from voting in the election of such relative, and shall be absent from
 18    the meeting while such employment is being considered and determined.
                                                                        
 19        SECTION 5.  That Chapter 52, Title 33, Idaho Code, be,  and  the  same  is
 20    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 21    ignated as Section 33-5204A, Idaho Code, and to read as follows:
                                                                        
 22        33-5204A.  APPLICABILITY OF PROFESSIONAL CODES AND  STANDARDS  --  LIMITA-
 23    TIONS  UPON AUTHORITY. (1) Every person who serves in a public charter school,
 24    either as an employee, contractor, or otherwise, in the capacity  of  teacher,
 25    supervisor,  administrator,  education  specialist, school nurse or librarian,
 26    must comply with the professional codes and standards approved  by  the  state
 27    board of education, including standards for ethics or conduct.
 28        (2)  Every  employee  of  a  public charter school and every member of the
 29    board of  directors  of  a  public  charter  school,  whether  compensated  or
 30    noncompensated,  shall comply with the standards of ethics or conduct applica-
 31    ble to public officials including, but not limited to, chapter  7,  title  59,
 32    Idaho  Code,  except  that  section  59-704A,  Idaho  Code,  which  permits  a
 33    noncompensated  public  official  to  have  an  interest in a contract made or
 34    entered into by the board of which he is a member  under  certain  conditions,
 35    shall not apply to the board of directors of a public charter school. A member
 36    of  the  board  of  directors  of  a  public charter school is prohibited from
 37    receiving a personal pecuniary benefit, directly or indirectly, pertaining  to
 38    a contractual relationship with the public charter school.
                                                                        
 39        SECTION  6.  That  Section 33-5205, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        33-5205.  PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1)  Any  group  of
 42    persons  may  request  the  board of trustees of a school district petition to
 43    establish a new public charter school, or to convert an  existing  traditional
 44    public school within the school district to a public charter status school.
 45        (a)  A petition to establish a new public charter school, including a pub-
 46        lic  virtual charter school, shall be signed by not fewer than thirty (30)
 47        qualified electors of the service area designated  in  the  petition,  and
 48        shall  first be submitted to the local board of trustees in which the pub-
 49        lic charter school will be located. The board of trustees may either:  (i)
 50        consider  the petition and approve the charter; or (ii) consider the peti-
 51        tion and reject the charter; or (iii) refer the  petition  to  the  public
                                                                        
                                           6
                                                                        
  1        charter  school  commission.  If  the  petitioners  and the local board of
  2        trustees have not reached  mutual  agreement  on  the  provisions  of  the
  3        charter, after a reasonable and good faith effort, within thirty (30) days
  4        from  the  date of the submission of the charter petition, the petitioners
  5        may withdraw their petition from the local board of trustees and may  sub-
  6        mit their charter petition to the public charter school commission.
  7        (b)  A  petition to convert an existing traditional public school shall be
  8        submitted to the board of trustees of the district in which the school  is
  9        located  for  review  after  and approval. Tthe petition has been shall be
 10        signed by not less fewer than sixty percent (60%)  of  the  teachers  cur-
 11        rently  employed by the school district at the school to be converted, and
 12        by one (1) or more parents or guardians of not less fewer than sixty  per-
 13        cent (60%) of the students currently attending the school to be converted.
 14        A  petition  to  establish  a new charter school shall be submitted to the
 15        board of trustees of the district for review after the petition  has  been
 16        signed by not less than thirty (30) qualified electors of the district.
 17        (2)  Not  later than thirty (30) days after receiving a petition signed in
 18    accordance with the specifications in subsection  (1)  of  this  section,  the
 19    board  of  trustees  authorized chartering entity shall hold a meeting open to
 20    the public for the purpose of discussing the provisions  of  the  charter,  at
 21    which time the board authorized chartering entity shall consider the merits of
 22    the  petition and the level of employee and parental support for the petition.
 23    In the case of a petition submitted to the public charter  school  commission,
 24    the  public  hearing  shall  also include any oral or written comments that an
 25    authorized representative of the school district in which the proposed  public
 26    charter school would be physically located may provide regarding the merits of
 27    the  petition  and  any  potential  impacts  on the school district. Following
 28    review of the petition and the public hearing, the board  of  trustees  autho-
 29    rized  chartering  entity  shall either grant or deny the charter within sixty
 30    (60) days of receipt of the petition, provided however, that the date  may  be
 31    extended  by  an additional sixty (60) days if the petition fails to meet con-
 32    tain the requisite signatures requirements or fails  to  contain  all  of  the
 33    information  required  in this section, or if both parties agree to the exten-
 34    sion.
 35        (3)  A board of trustees An authorized  chartering  entity   may  grant  a
 36    charter for operation of a school under the provisions of this chapter only if
 37    it  determines  that the petition contains the number of requisite signatures,
 38    required, a statement  of each of the conditions described in the  information
 39    required  by  subsection  (4)  of this section, and descriptions of additional
 40    statements describing all of the following:
 41        (a)  The proposed  educational  program  of  the  public  charter  school,
 42        designed  among other things, to identify what it means to be an "educated
 43        person" in the twenty-first century, and how  learning  best  occurs.  The
 44        goals  identified  in  the program shall include how all educational thor-
 45        oughness standards as defined in section 33-1612,  Idaho  Code,  shall  be
 46        fulfilled.
 47        (b)  The  measurable  student  educational standards identified for use by
 48        the public charter school. "Student educational standards" for the purpose
 49        of this chapter means the extent to  which  all  students  of  the  public
 50        charter  school  demonstrate  they  have attained the skills and knowledge
 51        specified as goals in the school's educational program.
 52        (c)  The method by which student progress in meeting those student  educa-
 53        tional standards is to be measured.
 54        (d)  A  provision  by  which students of the public charter school will be
 55        tested with the same standardized tests as other Idaho public school  stu-
                                                                        
                                           7
                                                                        
  1        dents.
  2        (e)  A  provision  which  ensures  that the public charter school shall be
  3        state accredited as provided by rule of the state board of education.
  4        (f)  The governance structure of the public charter school including,  but
  5        not  limited to, the person or entity who shall be legally accountable for
  6        the operation of the public charter school, and the process to be followed
  7        by the public charter school to ensure parental involvement.
  8        (g)  The qualifications to be met by individuals employed  by  the  public
  9        charter  school.  Instructional  staff shall be certified teachers, or may
 10        apply for a waiver or any of the limited certification options as provided
 11        by rule of the state board of education.
 12        (h)  The procedures that the public charter school will follow  to  ensure
 13        the health and safety of students and staff.
 14        (i)  Admission  procedures,  including  provision for overenrollment. Such
 15        admission procedures shall provide that the iInitial admission  procedures
 16        for  a  new  public charter school, not a renewal, including provision for
 17        overenrollment, which specifies admission will be determined by lottery or
 18        other random method, except  as  otherwise  provided  herein.  If  initial
 19        capacity is insufficient to enroll all pupils who submit a timely applica-
 20        tion,  then  the admission procedures may provide that preference shall be
 21        given in the following order: first, to  children  of  founders,  provided
 22        that  this admission preference shall be limited to not more than ten per-
 23        cent (10%) of the capacity of the public charter school; second,  to  sib-
 24        lings  of  pupils  already selected by the lottery or other random method;
 25        and second third, an equitable selection process such  as  by  lottery  or
 26        other  random method. If capacity is insufficient to enroll all pupils for
 27        subsequent school terms, who submit a timely application, then the  admis-
 28        sion  procedures may provide that preference shall be given in the follow-
 29        ing order: first, to pupils returning to the public charter school in  the
 30        second  or  any  subsequent  year of its operation; second, to children of
 31        founders, provided that this admission preference shall be limited to  not
 32        more  than ten percent (10%) of the capacity of the public charter school;
 33        third, to siblings of  pupils  already  enrolled  in  the  public  charter
 34        school;  and  third fourth, an equitable selection process such as by lot-
 35        tery or other random method. There shall be no carryover from year to year
 36        of the list maintained to fill vacancies. A new lottery shall be conducted
 37        each year to fill vacancies which become available.
 38        (j)  The manner in which an annual audit of the financial and programmatic
 39        operations of the public charter school is to be conducted.
 40        (k)  The disciplinary procedures by which that the public  charter  school
 41        will  utilize,  including  the procedure by which students can may be sus-
 42        pended, expelled and reenrolled.
 43        (l)  A provision which ensures  that  all  staff  members  of  the  public
 44        charter  school  will be covered by the public employee retirement system,
 45        federal social security, unemployment insurance and worker's  compensation
 46        insurance.
 47        (m)  The public school attendance alternative for students residing within
 48        the school district who choose not to attend the public charter school.
 49        (n)  A description of the transfer rights of any employee choosing to work
 50        in  a  public charter school and the rights of such employees to return to
 51        any noncharter school in the school district after employment at a  public
 52        charter school.
 53        (o)  A provision which ensures that the staff of the public charter school
 54        shall be considered a separate unit for purposes of collective bargaining.
 55        (p)  The  procedures  to  be followed by the public charter school and the
                                                                        
                                           8
                                                                        
  1        authorized chartering entity granting  the  charter  to  resolve  disputes
  2        relating to provisions of the charter.
  3        (q)  The  manner  by  which special education services will be provided to
  4        students with disabilities who are eligible pursuant to the federal  indi-
  5        viduals with disabilities education act.
  6        (r)  The  manner by which eligible students from the public charter school
  7        shall be allowed to participate in dual enrollment in  noncharter  schools
  8        within  the same district as the public charter school, as provided for in
  9        chapter 2, title 33 section 33-203(7), Idaho Code.
 10        (s)  The process by which the citizens in the area of attendance shall  be
 11        made aware of the enrollment opportunities of the public charter school.
 12        (4)  The petitioner shall provide information regarding the proposed oper-
 13    ation  and  potential  effects of the public charter school including, but not
 14    limited to, the facilities to be utilized by the public  charter  school,  the
 15    manner in which administrative services of the public charter school are to be
 16    provided  and  the  potential  civil liability effects upon the public charter
 17    school and upon the district authorized chartering entity.
                                                                        
 18        SECTION 7.  That Section 33-5206, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        33-5206.  REQUIREMENTS  AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER
 21    SCHOOL. (1) In addition to any other requirements imposed in this  chapter,  a
 22    public  charter  school  shall  be nonsectarian in its programs, affiliations,
 23    admission policies, employment practices, and all other operations, shall  not
 24    charge  tuition, levy taxes or issue bonds, and shall not discriminate against
 25    any student on any basis prohibited by the federal or state  constitutions  or
 26    any  federal,  state  or local law. Admission to a public charter school shall
 27    not be determined according to the place of residence of the  student,  or  of
 28    the  student's  parent  or  guardian within the district, except that a new or
 29    conversion public charter school established  under  the  provisions  of  this
 30    chapter  shall adopt and maintain a policy giving admission preference to stu-
 31    dents who reside within the attendance area of that public charter school.
 32        (2)  No board of trustees shall require any employee of  the  school  dis-
 33    trict to be involuntarily assigned to work in a public charter school.
 34        (3)  Certified  teachers  in  a  public charter school shall be considered
 35    public school teachers. Educational experience shall accrue for service  in  a
 36    public  charter school and such experience shall be counted by any school dis-
 37    trict to which the teacher  returns  after  employment  in  a  public  charter
 38    school.
 39        (4)  No board of trustees shall require any student enrolled in the school
 40    district to attend a public charter school.
 41        (5)  Upon  approval  of  the  petition by the board of trustees authorized
 42    chartering entity,  the  petitioner  shall  provide  written  notice  of  that
 43    approval,  including  a copy of the petition, to the state board of education.
 44    For the purpose of implementing the provisions of  section  33-5203(2),  Idaho
 45    Code,  the  state board of education shall assign a number to each petition it
 46    receives. Petitions shall be numbered based  on  the  chronological  order  in
 47    which notice of the approved petition is received by the state board of educa-
 48    tion.
 49        (6)  Each  public  charter  school  shall  annually submit a report to the
 50    local board of  trustees  authorized  chartering  entity  which  approved  its
 51    charter.  In the case of a new charter school whose charter was granted by the
 52    state board of education pursuant to section 33-5207, Idaho Code,  the  annual
 53    report  shall  be  submitted to the state board of education. The report shall
                                                                        
                                           9
                                                                        
  1    contain the audit of the fiscal and programmatic  operations  as  required  in
  2    section  33-5205(3)(j),  Idaho Code, a report on student progress based on the
  3    public charter school's student educational standards  identified  in  section
  4    33-5205(3)(b),  Idaho Code, and a copy of the public charter school's accredi-
  5    tation report.
                                                                        
  6        SECTION 8.  That Section 33-5207, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-5207.  CHARTER  APPEAL  PROCEDURE.  (1)  If  a  local  school  board of
  9    trustees, acting in its capacity as an authorized chartering entity, grants  a
 10    charter for the conversion of an existing traditional public school within the
 11    school district over the objection of thirty (30) or more persons or employees
 12    of  the  district, or if an authorized chartering entity denies a petition for
 13    the establishment of a new public charter school for any reason including, but
 14    not limited to, failure by the petitioner to follow procedures or for  failure
 15    to  provide  required  information, then such decisions may be appealed to the
 16    state superintendent of public instruction, at the request of persons opposing
 17    the conversion of an existing traditional public school, or at the request  of
 18    the petitioner whose request for a new charter was denied.
 19        (2)  The state superintendent of public instruction shall select a hearing
 20    officer  to  review the action of the local board of trustees authorized char-
 21    tering entity, pursuant to section 67-5242, Idaho Code.  The  hearing  officer
 22    shall, within thirty (30) days of the request, review the charter petition and
 23    convene  a  public  hearing regarding the charter request petition. Within ten
 24    (10) days of the public hearing, the hearing officer shall  submit  a  written
 25    recommendation to the local board of trustees authorized chartering entity and
 26    to  the persons requesting the review. The recommendation by the hearing offi-
 27    cer either to affirm or reverse the  decision  of  the  authorized  chartering
 28    entity  shall be based upon the standards and criteria contained in this chap-
 29    ter and upon any public charter school rules adopted by  the  state  board  of
 30    education.  The  recommendation  shall  be  in  writing  and  accompanied by a
 31    reasoned statement that explains the criteria and standards  considered  rele-
 32    vant, states the relevant contested facts relied upon, and explains the ratio-
 33    nale  for the recommendations based on the applicable statutory provisions and
 34    factual information contained in the record.
 35        (3)  Within thirty (30) days following receipt of  the  hearing  officer's
 36    written  recommendation,  the  local  board  of trustees authorized chartering
 37    entity shall hold a public hearing. Within ten (10) days of this hearing,  the
 38    local  board  of  trustees authorized chartering entity shall either affirm or
 39    reverse its initial decision. The board's authorized chartering entity's deci-
 40    sion shall be in writing and contain findings which explain  the  reasons  for
 41    its decision.
 42        (4)  If,  upon  reconsideration of a decision to approve the conversion of
 43    an existing traditional public school to a public charter  school,  the  local
 44    school board:
 45        (a)  Affirms  its  initial  decision  to  authorize  such  conversion, the
 46        charter shall be granted and there shall be no further appeal.
 47        (b)  Reverses its initial decision and denies the conversion,  that  deci-
 48        sion is final and there shall be no further appeal.
 49        (5)  If, upon reconsideration of a decision to deny establishment of a new
 50    public charter school, the local school board authorized chartering entity:
 51        (a)  Reverses  its  initial  decision  and approves the new public charter
 52        school, the charter shall be granted and there shall be no further appeal.
 53        (b)  Affirms its initial decision denying the new public  charter  school,
                                                                        
                                           10
                                                                        
  1        the petitioners for the establishment of the new public charter school may
  2        appeal to the state board of education. The state board of education shall
  3        hold a public hearing at its next regular meeting within a reasonable time
  4        after  receiving notice of such appeal but no later than sixty (60) calen-
  5        dar days after receiving such notice, and after the public hearing,  shall
  6        take  any of the following actions: (i) approve the charter for the estab-
  7        lishment of a new public charter school if it determines  that  the  local
  8        board  of  trustees  authorized  chartering entity failed to appropriately
  9        consider the charter request petition,  or if the local board it acted  in
 10        an arbitrary manner in denying the request; (ii) remand the matter back to
 11        the  authorized  chartering  entity  for further review as directed by the
 12        state board of education; or (iii) redirect the matter to  another  autho-
 13        rized  chartering entity for further review as directed by the state board
 14        of education. Such public hearing shall be conducted  pursuant  to  proce-
 15        dures as set by the state board of education.
 16        (6)  A  public  charter school for which a charter is granted by the state
 17    board of education shall qualify fully as a  public  charter  school  for  all
 18    funding  and other purposes of this chapter. The state board of education pub-
 19    lic charter school commission shall assume the role of the authorized charter-
 20    ing entity for any charter authorized by the state board of education as  pro-
 21    vided  in  subsection  (5)(b)  of  this section. Employees of a public charter
 22    school authorized by the state board of  education  shall  not  be  considered
 23    employees  of  the local school district in which the public charter school is
 24    located, nor of the state board of education, nor of the commission.
 25        (7)  The finding decision of the state board of education shall be subject
 26    to review pursuant to chapter 52, title 67, Idaho Code. Nothing in  this  sec-
 27    tion shall prevent a petitioner from bringing a new petition at a later time.
 28        (8)  There  shall  be  no  appeal of a decision by a local school board of
 29    trustees which denies the conversion of an existing traditional public  school
 30    within  that  district  to a public charter school, or which grants a petition
 31    for the establishment of a new public charter school.
                                                                        
 32        SECTION 9.  That Section 33-5209, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        33-5209.  TIME  LIMITS  ENFORCEMENT -- REVOCATION -- APPEAL. (1) A charter
 35    granted pursuant to this chapter shall be valid for a  period  not  to  exceed
 36    five  (5)  years. A charter may be granted one (1) or more subsequent renewals
 37    by the original granting authority. Each renewal shall be valid for  a  period
 38    not  to  exceed  five  (5) years. A material revision of the provisions of the
 39    charter petition may be made only with the approval  of  the  authority  which
 40    granted the charter An authorized chartering entity shall ensure that all pub-
 41    lic  charter  schools  for  which  it authorized charters, or for which it has
 42    responsibility, operate in accordance  with  the  charter  granted.  A  public
 43    charter school or the authorized chartering entity may enter into negotiations
 44    to  revise  its  charter  at any time. A public charter school may petition to
 45    revise its charter at any time.  The authorized chartering entity's review  of
 46    the  revised  petition  shall be limited in scope solely to the proposed revi-
 47    sions.
 48        (2)  A charter may be revoked by the original granting authority  iIf  the
 49    authority  finds  authorized  chartering entity has reason to believe that the
 50    public charter school has done any of the following, it shall provide the pub-
 51    lic charter school written notice  of the  defect  and  provide  a  reasonable
 52    opportunity to cure the defect:
 53        (a)  Committed  a  material violation of any condition, standard or proce-
                                                                        
                                           11
                                                                        
  1        dure set forth in the approved charter; petition;
  2        (b)  Failed to substantially meet any of the student educational standards
  3        identified in the approved charter; petition;
  4        (c)  Failed to meet generally accepted accounting standards of fiscal man-
  5        agement;
  6        (d)  Failed to submit required reports to the authority  which  authorized
  7        chartering entity governing the charter; or
  8        (e)  Violated any provision of law.
  9        (3)  A  charter  may be revoked by the authorized chartering entity if the
 10    public charter school has failed to cure a defect after  receiving  reasonable
 11    notice  and having had a reasonable opportunity to cure the defect. Revocation
 12    may not occur until the public charter school has been afforded a public hear-
 13    ing and a reasonable opportunity to cure the  defect,  unless  the  authorized
 14    chartering  entity  reasonably  determines that the continued operation of the
 15    public charter school presents an imminent public safety issue, in which  case
 16    the  charter may be revoked immediately. Public hearings shall be conducted by
 17    the governing authorized chartering entity, or such other  person  or  persons
 18    appointed  by  the authorized chartering entity to conduct public hearings and
 19    receive evidence as a contested case in accordance with section 67-5242, Idaho
 20    Code. Reasonable notice and opportunity to reply shall include, at a  minimum,
 21    written notice setting out the basis for consideration of revocation, a period
 22    of  not  less than thirty (30) days within which the public charter school can
 23    reply in writing, and a public hearing within thirty (30) days of the  receipt
 24    of the written reply.
 25        (4)  A decision to revoke, not to renew, or not to approve a revision of a
 26    charter may be appealed directly to the state board of education. With respect
 27    to  such  appeal,  tThe  state board of education shall essentially follow the
 28    procedure as provided in section 33-5207(5)(b), Idaho Code. In the  event  the
 29    state board of education reverses a decision of revocation, the public charter
 30    school  subject  to  such  action  shall  then  be placed under the chartering
 31    authority of the commission.
                                                                        
 32        SECTION 10.  That Section 33-5210, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:
                                                                        
 34        33-5210.  APPLICATION  OF  SCHOOL  LAW -- ACCOUNTABILITY -- EXEMPTION FROM
 35    STATE RULES. (1) All public charter schools are under the general  supervision
 36    of the state board of education.
 37        (2)  The  local  board  of  trustees  and the state board of education are
 38    responsible to ensure Every authorized chartering entity that grants a charter
 39    shall be responsible for ensuring that  each  public  charter  school  program
 40    approved  by  it  that  authorized  chartering  entity  meets the terms of the
 41    charter, complies with the general education laws of the state unless specifi-
 42    cally directed otherwise in this chapter 52, title 33, Idaho Code,  and  oper-
 43    ates  in  accordance  with  the state educational standards of thoroughness as
 44    defined in section 33-1612, Idaho Code.
 45        (3)  Each  charter  school  shall  comply  with  the  financial  reporting
 46    requirements of section 33-701, subsections 5. through 10., Idaho Code, in the
 47    same manner as those requirements are imposed upon school districts.
 48        (4)  Each public charter school is otherwise exempt from  rules  governing
 49    school  districts which have been promulgated by the state board of education,
 50    or by the superintendent of public instruction, with the  exception  of  state
 51    rules relating to:
 52        (a)  Waiver  of teacher certification as necessitated by the provisions of
 53        section 33-5205(3)(g), Idaho Code;
                                                                        
                                           12
                                                                        
  1        (b)  Accreditation of the school as necessitated by the provisions of sec-
  2        tion 33-5205(3)(e), Idaho Code;
  3        (c)  Qualifications of a student for attendance at an  alternative  school
  4        as necessitated by the provisions of section 33-5208(3), Idaho Code; and
  5        (d)  The  requirement  that all employees of the school undergo a criminal
  6        history check as required by section 33-130, Idaho Code; and
  7        (e)  All rules which specifically pertain to public charter  schools  pro-
  8        mulgated by the state board of education.
                                                                        
  9        SECTION  11.  That Section 33-5211, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-5211.  ASSISTANCE WITH PETITIONS -- INFORMATION. (1) The state  depart-
 12    ment of education shall provide technical assistance to persons or groups pre-
 13    paring or revising charter petitions.
 14        (2)  Upon request, the state department of education shall distribute pro-
 15    vide  the following information concerning a public charter school whose peti-
 16    tion has been approved:
 17        (a)  The public charter school's petition.
 18        (b)  The annual audit performed at the public charter school  pursuant  to
 19        the public charter school petition.
 20        (c)  Any written report by the state board of education to the legislature
 21        reviewing the educational effectiveness of public charter schools.
                                                                        
 22        SECTION  12.  That  Chapter  52, Title 33, Idaho Code, be, and the same is
 23    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 24    ignated  as Section 33-5213, Idaho Code, and to read as follows:
                                                                        
 25        33-5213.  PUBLIC  CHARTER  SCHOOL COMMISSION. (1)  There is hereby created
 26    an independent public charter school commission, referred  to  hereinafter  as
 27    the  commission,  to be located in the office of the state board of education,
 28    pursuant to section 33-105, Idaho Code. It shall  be  the  responsibility  and
 29    duty  of  the executive director of the state board of education acting at the
 30    direction of the commission to administer and enforce the provisions  of  this
 31    chapter,  and  the  director  or his designee, shall serve as secretary to the
 32    commission.
 33        (2)  The public charter school commission shall adopt  rules,  subject  to
 34    law, regarding the governance and administration of the commission.
 35        (3)  The commission shall be composed of seven (7) members:
 36        (a)  Three  (3)  members  shall  be current or former members of boards of
 37        directors of Idaho public charter schools, and shall be appointed  by  the
 38        governor,  subject  to the advice and consent of the senate; provided how-
 39        ever, that no current board member of a public charter  school  authorized
 40        by the commission shall be eligible for appointment;
 41        (b)  Three  (3)  members  shall  be current or former trustees of an Idaho
 42        school district, and shall be appointed by the governor,  subject  to  the
 43        advice and consent of the senate; and
 44        (c)  One  (1) member shall be a member of the public at large not directly
 45        associated with the Idaho public education system, and shall be  appointed
 46        by the governor, subject to the advice and consent of the senate.
 47    For the purpose of establishing staggered terms of office, the initial term of
 48    office for three (3) commission members shall be four (4) years and thereafter
 49    shall  be four (4) years; the initial term of office for two (2) members shall
 50    be three (3) years and thereafter shall be four (4)  years;  and  the  initial
 51    term of office for two (2) members shall be two (2) years and thereafter shall
                                                                        
                                           13
                                                                        
  1    be  four  (4)  years. In making such appointments, the governor shall consider
  2    regional balance. Members of the commission shall hold office until the  expi-
  3    ration of the term to which the member was appointed and until a successor has
  4    been duly appointed, unless sooner removed for cause by the appointing author-
  5    ity. Whenever a vacancy occurs, the appointing authority shall appoint a qual-
  6    ified person to fill the vacancy for the unexpired portion of the term.
  7        (4)  All  members of the commission shall be citizens of the United States
  8    and residents of the state of Idaho for not less than two (2) years.
  9        (5)  The members of the commission shall, at their first  regular  meeting
 10    following  the effective date of this act, and every two (2) years thereafter,
 11    elect, by a majority vote of the members of the commission, a chairman  and  a
 12    vice-chairman.  The  chairman shall preside at meetings of the commission, and
 13    the vice-chairman shall preside at such meetings in the absence of the  chair-
 14    man.  A  majority  of the members of the commission shall constitute a quorum.
 15    The commission shall meet at such times and places as determined to be  neces-
 16    sary and convenient, or at the call of the chair.
 17        (6)  Each  member  of  the  commission not otherwise compensated by public
 18    moneys shall be compensated as provided in section 59-509(h), Idaho Code.
                                                                        
 19        SECTION 13.  SEVERABILITY. The provisions of this act are hereby  declared
 20    to  be  severable  and if any provision of this act or the application of such
 21    provision to any person or circumstance is declared invalid  for  any  reason,
 22    such  declaration  shall  not affect the validity of the remaining portions of
 23    this act.
                                                                        
 24        SECTION 14.  An emergency existing therefor,  which  emergency  is  hereby
 25    declared to exist, this act shall be in full force and effect on and after its
 26    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS 14269C1
                                

A Charter School bill designed to clarify legislative intent, define terms, revise 
limits on the number of charter schools, govern methods of forming a public charter 
school, provide additional limitations on authorizing a charter, provide rules to be 
adopted by the State Board of Education to designate certain local education agencies 
and to clarify liability for public charter schools and to specify certain prohibited 
acts.  Governs applicability of professional codes and standards to employees of public 
charter schools, procedures for a petition to establish a public charter school and to 
further govern admission procedures.  Provides references to authorized chartering entity 
and further governs requirements and prohibitions upon approval of a public charter school 
and further governs appeal procedures.  Strikes certain renewal requirements, provides for 
public hearing of determination to revoke a charter and provides appeal procedures. 
Requires certain financial reporting and specifies application of rules which specifically 
pertain to public charter schools.  Revises information distribution requirements.  Creates 
an independent public charter school commission, provides for members and provides for 
meetings.





                         FISCAL IMPACT
                                
                                
Assuming the Public Charter School Commission meets on a quarterly basis, it is estimated 
that the annual meeting and travel costs would be approximately $11,000, with such costs 
paid by the General Fund.  Any staff support required would be drawn from the existing staff 
resources of the State Board of Education.


CONTACT:  Senator Tom Gannon          334-1342
          Senator Ron McWilliams      334-1346
          Senator Gary J. Schroeder   334-1324


STATEMENT OF PURPOSE / FISCAL NOTE                                           S 1444