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
|||| 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.
|||| 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 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