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H0744..........................................................by EDUCATION
CHARTER SCHOOLS - EMPLOYEES - Amends existing law relating to public
charter schools to clarify the status of charter schools as governmental
entities and employers for purposes of the Public Employee Retirement
System, to provide that employees of a public charter school authorized by
the State Board of Education are not employees of the State Board of
Education and to provide that any hearing conducted by the State Board of
Education during an appeal procedure shall be conducted pursuant to
procedures set by the board.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Educ
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane,
Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller, Newcomb,
Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Campbell, Deal, Kellogg, Mortensen, Mr Speaker
Floor Sponsor - Tilman
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Educ
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Schroeder
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 201
Effective: 07/01/98
H0744|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 744 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5204, IDAHO CODE, AS 3 ADDED BY HOUSE BILL NO. 517, ENACTED BY THE SECOND REGULAR SESSION OF THE 4 FIFTY-FOURTH IDAHO LEGISLATURE, TO CLARIFY THAT A PUBLIC CHARTER SCHOOL IS 5 A GOVERNMENTAL ENTITY FOR PURPOSES OF THE PUBLIC EMPLOYEE RETIREMENT SYS- 6 TEM; AMENDING SECTION 33-5207, IDAHO CODE, AS ADDED BY HOUSE BILL NO. 517, 7 ENACTED BY THE SECOND REGULAR SESSION OF THE FIFTY-FOURTH IDAHO LEGISLA- 8 TURE, TO PROVIDE THAT ANY HEARING CONDUCTED BY THE STATE BOARD OF EDUCA- 9 TION DURING AN APPEAL PROCEDURE SHALL BE CONDUCTED PURSUANT TO PROCEDURES 10 SET BY THE BOARD AND TO CLARIFY THAT EMPLOYEES OF A CHARTER SCHOOL AUTHO- 11 RIZED BY THE STATE BOARD OF EDUCATION SHALL NOT BE CONSIDERED EMPLOYEES OF 12 THE STATE BOARD; AND AMENDING SECTION 59-1374, IDAHO CODE, TO CLARIFY THAT 13 PUBLIC CHARTER SCHOOLS SHALL BE EMPLOYERS PURSUANT TO PROVISIONS OF THE 14 PUBLIC EMPLOYEE RETIREMENT SYSTEM. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 33-5204, Idaho Code, as added by House Bill No. 17 517, enacted by the Second Regular Session of the Fifty-fourth Idaho Legisla- 18 ture, be, and the same is hereby amended to read as follows: 19 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter 20 school shall be organized and managed under the Idaho nonprofit corporation 21 act. The board of directors of a charter school shall be deemed public agents 22 authorized by a public school district or the state board of education to con- 23 trol the charter school. A charter school shall be considered a public school 24 for all purposes. For the purposes of section 59-1302(15), Idaho Code, a 25 charter school created pursuant to this chapter shall be deemed a governmental 26 entity. 27 (2) A charter school may sue or be sued, purchase, receive, hold and con- 28 vey real and personal property for school purposes, and borrow money for such 29 purposes, to the same extent and on the same conditions as a public school 30 district, and its employees, directors and officers shall enjoy the same immu- 31 nities as employees, directors and officers of public school districts and 32 other public schools. The approving authority of a charter school shall have 33 no liability for the acts, omissions, debts or other obligations of a charter 34 school, except as may be provided in an agreement or contract with such 35 charter school. 36 (3) Charter schools shall secure insurance for liability and property 37 loss. 38 SECTION 2. That Section 33-5207, Idaho Code, as added by House Bill No. 39 517, enacted by the Second Regular Session of the Fifty-fourth Idaho Legisla- 40 ture, be, and the same is hereby amended to read as follows: 41 33-5207. CHARTER APPEAL PROCEDURE. (1) If a local school board of trustees 2 1 grants a charter for the conversion of an existing school within the school 2 district over the objection of thirty (30) or more persons or employees of the 3 district, or denies a petition for the establishment of a new charter school 4 for any reason including, but not limited to, failure by the petitioner to 5 follow procedures or for failure to provide required information, then such 6 decisions may be appealed to the state superintendent of public instruction, 7 at the request of persons opposing the conversion of an existing school, or at 8 the request of the petitioner whose request for a new charter was denied. 9 (2) The state superintendent of public instruction shall select a hearing 10 officer to review the action of the local board of trustees. The hearing offi- 11 cer shall, within thirty (30) days of the request, review the charter petition 12 and convene a public hearing regarding the charter request. Within ten (10) 13 days of the public hearing, the hearing officer shall submit a written recom- 14 mendation to the local board of trustees and to the persons requesting the 15 review. 16 (3) Within thirty (30) days following receipt of the hearing officer's 17 written recommendation, the local board of trustees shall hold a public hear- 18 ing. Within ten (10) days of this hearing, the local board of trustees shall 19 either affirm or reverse its initial decision. The board's decision shall be 20 in writing and contain findings which explain the reasons for its decision. 21 (4) If, upon reconsideration of a decision to approve the conversion of 22 an existing school to a charter school, the local school board: 23 (a) Affirms its initial decision to authorize such conversion, the 24 charter shall be granted and there shall be no further appeal. 25 (b) Reverses its initial decision and denies the conversion, that deci- 26 sion is final and there shall be no further appeal. 27 (5) If, upon reconsideration of a decision to deny establishment of a new 28 charter school, the local school board: 29 (a) Reverses its initial decision and approves the new charter school, 30 the charter shall be granted and there shall be no further appeal. 31 (b) Affirms its initial decision denying the new charter school, the 32 petitioners for the establishment of the new charter school may appeal to 33 the state board of education. The state board of education shall hold a 34 public hearing at its next regular meeting and shall approve the charter 35 for the establishment of a new charter school if it determines that the 36 local board of trustees failed to appropriately consider the charter 37 request, or if the local board acted in an arbitrary manner in denying the 38 request. Such hearing shall be conducted pursuant to procedures as 39 set by the state board of education. 40 (6) A charter school for which a charter is granted by the state board of 41 education shall qualify fully as a charter school for all funding and other 42 purposes of this chapter. The state board of education shall assume the role 43 of the chartering entity. Employees of a charter school authorized by the 44 state board of education shall not be considered employees of the local school 45 district nor of the state board of education . 46 (7) The finding of the state board of education shall be subject to 47 review pursuant to chapter 52, title 67, Idaho Code. Nothing in this section 48 shall prevent a petitioner from bringing a new petition at a later time. 49 (8) There shall be no appeal of a decision by a local school board of 50 trustees which denies the conversion of an existing school within that dis- 51 trict to a charter school, or which grants a petition for the establishment of 52 a new charter school. 53 SECTION 3. That Section 59-1374, Idaho Code, be, and the same is hereby 54 amended to read as follows: 3 1 59-1374. EMPLOYERS -- MEMBERS -- EXCEPTIONS. All school districts, public 2 community college districts and Boise State University shall become employers 3 pursuant to the provisions of chapter 13, title 59, Idaho Code, on July 1, 4 1967, except as herein otherwise provided. School employees shall become mem- 5 bers pursuant to the provisions of chapter 13, title 59, Idaho Code, on July 6 1, 1967, except as herein otherwise provided. Provided, however, that teacher 7 members employed by the agricultural extension service of the college of agri- 8 culture of the University of Idaho shall be deemed to be employees of the 9 state of Idaho notwithstanding the provisions of section 59-1302(14)(B)(e), 10 Idaho Code, and may elect to participate or be excluded as members of the sys- 11 tem in accordance with rules of the board. All public charter schools 12 created pursuant to chapter 52, title 33, Idaho Code, shall be employers pur- 13 suant to the provisions of chapter 13, title 59, Idaho Code.
STATEMENT OF PURPOSE
RS 08086
This legislation states that a public charter school is a
governmental entity for purposes of the Public Employee
Retirement System (PEPSI), that employees of a public charter
school authorized by the State Board of Education shall not be
considered employees of the State Board, and public charter
schools shall be employers pursuant to the provisions of the
Public Employee Retirement System.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Representative Fred Tilman
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 744