2000 Legislation
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HOUSE BILL NO. 726, As Amended, As Amended in the Senate – Charter schools, independent

HOUSE BILL NO. 726, As Amended, As Amended in the Senate

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Daily Data Tracking History



H0726aa,aaS....................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to clarify that public charter
schools function independently from the existing school district structure
or any local board of trustees, except as provided in the chapter; and to
clarify admission procedures with regard to overenrollment.
                                                                        
03/09    House intro - 1st rdg - to printing
03/10    Rpt prt - to Educ
03/14    Rpt out - to Gen Ord
03/16    Rpt out amen - to engros
03/17    Rpt engros - 1st rdg - to 2nd rdg as amen
03/20    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen - PASSED - 69-0-1
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Loertscher
    Floor Sponsor - Meyer
    Title apvd - to Senate
03/22    Senate intro - 1st rdg - to Educ
03/29    Rpt out - to 14th Ord
    Rpt out amen - 1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 30-3-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler,
      Williams
      NAYS--Hawkins, Stennett, Whitworth
      Absent and excused--Geddes, Ipsen
    Floor Sponsor - Riggs
    Title apvd - to House
03/31    House concurred in Senate amens - to engros
04/03    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 65-1-4
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher(Loertscher), McKague, Meyer, Montgomery, Mortensen, Moss,
      Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- Marley
      Absent and excused -- Bruneel, Clark, Hansen(29), Mader
    Floor Sponsor - Meyer
    Title apvd - to House
04/04    Rpt enrol - Sp signed - Pres signed
04/05    To Governor
04/17    Governor signed
         Session Law Chapter 443
         Effective: 04/17/00

Bill Text


 H0726
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                  HOUSE BILL NO. 726, As Amended, As Amended in the Senate
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202, IDAHO  CODE,  TO
  3        CLARIFY  THAT PUBLIC CHARTER SCHOOLS OPERATE INDEPENDENTLY FROM THE EXIST-
  4        ING SCHOOL DISTRICT STRUCTURE; AMENDING SECTION 33-5204,  IDAHO  CODE,  TO
  5        CLARIFY  THAT  PUBLIC CHARTER SCHOOLS FUNCTION INDEPENDENTLY OF ANY SCHOOL
  6        BOARD OF TRUSTEES, EXCEPT AS PROVIDED IN  THE  CHARTER;  AMENDING  SECTION
  7        33-5205,  IDAHO  CODE,  TO  CLARIFY  ADMISSION  PROCEDURES  WITH REGARD TO
  8        OVERENROLLMENT FOR INITIAL ADMISSION PROCEDURES AND FOR SUBSEQUENT  SCHOOL
  9        TERMS; AND DECLARING AN EMERGENCY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 33-5202, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-5202.  LEGISLATIVE INTENT. It is the intent of the legislature to  pro-
 14    vide  opportunities  for  teachers, parents, students and community members to
 15    establish and maintain public charter schools which operate independently from
 16    the existing school district structure but within the existing  public  school
 17    system as a method to accomplish all of the following:
 18        (1)  Improve student learning;
 19        (2)  Increase learning opportunities for all students, with special empha-
 20    sis on expanded learning experiences for students;
 21        (3)  Include the use of different and innovative teaching methods;
 22        (4)  Create  new  professional  opportunities  for teachers, including the
 23    opportunity to be responsible for the learning program at the school site;
 24        (5)  Provide parents and students with expanded choices in  the  types  of
 25    educational opportunities that are available within the public school system;
 26        (6)  Hold the schools established under this chapter accountable for meet-
 27    ing measurable student educational standards.
                                                                        
 28        SECTION  2.  That  Section 33-5204, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        33-5204.  NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1)  A  charter
 31    school  shall  be  organized and managed under the Idaho nonprofit corporation
 32    act. The board of directors of a charter school shall be deemed public  agents
 33    authorized by a public school district or the state board of education to con-
 34    trol  the charter school, but shall function independently of any school board
 35    of trustees, except as provided in the charter. A charter school shall be con-
 36    sidered a public  school  for  all  purposes.  For  the  purposes  of  section
 37    59-1302(15),  Idaho  Code,  a  charter school created pursuant to this chapter
 38    shall be deemed a governmental entity. Pursuant to the provisions  of  section
 39    63-3622O,  Idaho  Code,  sales  to or purchases by a public charter school are
 40    exempt from payment of the sales and use tax.
 41        (2)  A charter school may sue or be sued, purchase, receive, hold and con-
                                                                        
                                           2
                                                                        
  1    vey real and personal property for school purposes, and borrow money for  such
  2    purposes,  to  the  same  extent and on the same conditions as a public school
  3    district, and its employees,  directors and  officers  shall  enjoy  the  same
  4    immunities as employees, directors and officers of public school districts and
  5    other  public  schools. The approving authority of a charter school shall have
  6    no liability for the acts, omissions, debts or other obligations of a  charter
  7    school,  except  as  may  be  provided  in  an agreement or contract with such
  8    charter school.
  9        (3)  Charter schools shall secure insurance  for  liability  and  property
 10    loss.
                                                                        
 11        SECTION  3.  That  Section 33-5205, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-5205.  PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
 14    the board of trustees of a school district to establish a charter  school,  or
 15    to  convert an existing school within the school district to charter status. A
 16    petition to convert an existing school shall be  submitted  to  the  board  of
 17    trustees  of the district for review after the petition has been signed by not
 18    less than sixty percent (60%) of the teachers currently employed by the school
 19    district at the school to be converted, and by one  (1)  or  more  parents  or
 20    guardians  of  not  less  than  sixty  percent (60%) of the students currently
 21    attending the school to be converted. A petition to establish  a  new  charter
 22    school  shall be submitted to the board of trustees of the district for review
 23    after the petition has been signed by not  less  than  thirty  (30)  qualified
 24    electors of the district.
 25        (2)  Not  later than thirty (30) days after receiving a petition signed in
 26    accordance with the specifications in subsection  (1)  of  this  section,  the
 27    board  of  trustees shall hold a meeting open to the public for the purpose of
 28    discussing the provisions of the charter, at which time the board  shall  con-
 29    sider  the  merits of the petition and the level of employee and parental sup-
 30    port for the petition. Following review of the petition and the  public  hear-
 31    ing, the board of trustees shall either grant or deny the charter within sixty
 32    (60)  days  of receipt of the petition, provided however, that the date may be
 33    extended by an additional sixty (60) days if the petition fails  to  meet  the
 34    signature  requirements or fails to contain all of the information required in
 35    this section, or if both parties agree to the extension.
 36        (3)  A board of trustees may grant a charter for  operation  of  a  school
 37    under  the  provisions of this chapter if it determines that the petition con-
 38    tains the number of signatures required, a statement of each of the conditions
 39    described in subsection (4) of this section, and descriptions of  all  of  the
 40    following:
 41        (a)  The  educational  program of the charter school, designed among other
 42        things, to identify what it means  to  be  an  "educated  person"  in  the
 43        twenty-first  century,  and how learning best occurs. The goals identified
 44        in the program shall include how all educational thoroughness standards as
 45        defined in section 33-1612, Idaho Code, shall be fulfilled.
 46        (b)  The measurable student educational standards identified  for  use  by
 47        the  charter  school.  "Student  educational standards" for the purpose of
 48        this chapter means the extent to which all students of the charter  school
 49        demonstrate they have attained the skills and knowledge specified as goals
 50        in the school's educational program.
 51        (c)  The  method by which student progress in meeting those student educa-
 52        tional standards is to be measured.
 53        (d)  A provision by which students of the charter school  will  be  tested
                                                                        
                                           3
                                                                        
  1        with the same standardized tests as other Idaho public school students.
  2        (e)  A  provision  which  ensures  that  the charter school shall be state
  3        accredited as provided by rule of the state board of education.
  4        (f)  The governance structure of the charter  school  including,  but  not
  5        limited  to, the person or entity who shall be legally accountable for the
  6        operation of the school, and the process to be  followed  by  the  charter
  7        school to ensure parental involvement.
  8        (g)  The  qualifications  to be met by individuals employed by the charter
  9        school. Instructional staff shall be certified teachers, or may apply  for
 10        a  waiver  or any of the limited certification options as provided by rule
 11        of the state board of education.
 12        (h)  The procedures that the charter school  will  follow  to  ensure  the
 13        health and safety of students and staff.
 14        (i)  Admission procedures, including provision for overenrollment. Initial
 15        admission  procedures  for  a new charter school, not a renewal, including
 16        provision for overenrollment, which specifies admission will be determined
 17        by lottery or other random method. If initial capacity is insufficient  to
 18        enroll  all  pupils  who  submit a timely application, preference shall be
 19        given in the  following  order:  first,  to  siblings  of  pupils  already
 20        selected  by  the lottery or other random method; and second, an equitable
 21        selection process such as by lottery or other random method.  If  capacity
 22        is insufficient to enroll all pupils for subsequent school terms, who sub-
 23        mit  a  timely  application,  preference  shall  be given in the following
 24        order: first, to pupils returning to the charter school in the  second  or
 25        any  subsequent  year  of  its  operation;  second,  to siblings of pupils
 26        already enrolled in the charter school; and third, an equitable  selection
 27        process such as by lottery or other random method.
 28        (j)  The manner in which an annual audit of the financial and programmatic
 29        operations of the charter school is to be conducted.
 30        (k)  The  procedures  by  which  students  can  be suspended, expelled and
 31        reenrolled.
 32        (l)  A provision which ensures all staff members  of  the  charter  school
 33        will  be  covered by the public employee retirement system, federal social
 34        security, unemployment insurance and worker's compensation insurance.
 35        (m)  The public school attendance alternative for students residing within
 36        the school district who choose not to attend the charter school.
 37        (n)  A description of the transfer rights of any employee choosing to work
 38        in a charter school and the rights of such employees to return to any non-
 39        charter school in the  school  district  after  employment  at  a  charter
 40        school.
 41        (o)  A  provision which ensures that the staff of the charter school shall
 42        be considered a separate unit for purposes of collective bargaining.
 43        (p)  The procedures to be followed by the charter school  and  the  entity
 44        granting  the  charter  to  resolve disputes relating to provisions of the
 45        charter.
 46        (q)  The manner by which special education services will  be  provided  to
 47        students  with disabilities who are eligible pursuant to the federal indi-
 48        viduals with disabilities education act.
 49        (r)  The manner by which eligible students from the charter  school  shall
 50        be  allowed to participate in dual enrollment in noncharter schools within
 51        the district as provided for in chapter 2, title 33, Idaho Code.
 52        (4)  The petitioner shall provide information regarding the proposed oper-
 53    ation and potential effects of the school including, but not limited  to,  the
 54    facilities  to  be  utilized by the school, the manner in which administrative
 55    services of the school are to be provided and the  potential  civil  liability
                                                                        
                                           4
                                                                        
  1    effects upon the school and upon the district.
                                                                        
  2        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
  3    declared to exist, this act shall be in full force and effect on and after its
  4    passage and approval.

Amendment


 AH0726
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Boe                 
                                                                        
                                                     Seconded by Ringo               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 726
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 1 of the printed bill, in line 35, delete "or the state board".
                                                                        
  3                                 CORRECTION TO TITLE
  4        On page 1, in line 6, delete "OR THE STATE BOARD OF EDUCATION".
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by Burtenshaw          
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENTS TO H.B. NO. 726, As Amended
                                                                        
  5                               AMENDMENTS TO SECTION 2
  6        On page 1 of the engrossed  bill,  in  line  33,   delete  "operate"   and
  7    insert: "function"; in line 34, following "trustees" insert: ", except as pro-
  8    vided in the charter"; in line 35, delete "A charter school shall be responsi-
  9    ble  for its own operation including,", delete line 36, and in line 37, delete
 10    "personnel matters.".
                                                                        
 11                               AMENDMENTS TO SECTION 3
 12        On page 3, in line 15, delete "which" and insert: "Initial admission  pro-
 13    cedures  for  a  new  charter  school,  not a renewal, including provision for
 14    overenrollment, which"; in line 16, delete "specifies admission will be deter-
 15    mined" and insert: "specifies admission will be determined by lottery or other
 16    random method. If initial capacity is insufficient to enroll  all  pupils  who
 17    submit a timely application, preference shall be given in the following order:
 18    first,  to  siblings of pupils already selected by the lottery or other random
 19    method; and second, an equitable selection process such as by lottery or other
 20    random method."; and in line 17, following "pupils"  insert:  "for  subsequent
 21    school terms,".
                                                                        
 22                                 CORRECTION TO TITLE
 23        On  page 1, in line 5, delete "OPERATE" and insert: "FUNCTION"; in line 6,
 24    delete "AND ARE RESPONSIBLE FOR THEIR OWN OPERATIONS" and insert  ", EXCEPT AS
 25    PROVIDED IN THE CHARTER"; and in line 8,  following  "OVERENROLLMENT"  insert:
 26    "FOR INITIAL ADMISSION PROCEDURES AND FOR SUBSEQUENT SCHOOL TERMS".

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 10256 
     
     The purpose of this bill is to clarify that public charter schools are governed only
     by the terms of their charter and by applicable law. The concern that has been
     expressed to the Legislature is that local boards of trustees are attempting to
     exercise governance and control over the management of the public charter
     schools. Since it was the clear intent of the Legislature to create the public charter
     schools as autonomous actors within the school districts, this bill is designed to
     clarify that once the local district approves the charter, its only duties are to ensure
     that the terms of the charter are being met and that the law is not being violated.
     However, all duty and authority to operate and manage the public charter school is
     vested in the board of directors of the public charter school. 
     
     
     
                    FISCAL IMPACT
     
     None. 
     
     
     
     
     
     Contact 
     Name: Rep. Wayne Meyer
     Phone: 208/332-1000 
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                     H 726