Print Friendly SENATE BILL NO. 1448 – Charter schools, special education
SENATE BILL NO. 1448
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CHARTER SCHOOLS - Amends existing law to limit the amount of a charter
school's annual operating budget which can be used to provide special
education services; to provide that the chartering entity shall assume
financial responsibility for amounts required which are in excess of the
limit; and to provide that special education services shall be provided to
charter school students by a school district without additional charge to
the charter school.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1448
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO
3 PROVIDE THAT A CHARTER SCHOOL SHALL NOT EXPEND MORE THAN TEN PERCENT OF
4 ITS ANNUAL OPERATING BUDGET TO PROVIDE SPECIAL EDUCATION SERVICES AND TO
5 PROVIDE THAT THE CHARTERING ENTITY SHALL ASSUME FINANCIAL RESPONSIBILITY
6 FOR ANY AMOUNTS REQUIRED IN EXCESS OF THE TEN PERCENT LIMIT; AMENDING SEC-
7 TION 33-5208, IDAHO CODE, TO PROVIDE THAT CHARTER SCHOOL STUDENTS SHALL
8 HAVE EQUAL ACCESS TO SPECIAL EDUCATION SERVICES AT NO ADDITIONAL CHARGE TO
9 THE CHARTER SCHOOL AND TO PROVIDE ADDITIONAL FINANCIAL SUPPORT TO A
10 CHARTER SCHOOL IN MEETING ITS OBLIGATION TO PROVIDE SPECIAL EDUCATION SER-
11 VICES; AND PROVIDING AN EFFECTIVE DATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
16 the board of trustees of a school district to establish a charter school, or
17 to convert an existing school within the school district to charter status. A
18 petition to convert an existing school shall be submitted to the board of
19 trustees of the district for review after the petition has been signed by not
20 less than sixty percent (60%) of the teachers currently employed by the school
21 district at the school to be converted, and by one (1) or more parents or
22 guardians of not less than sixty percent (60%) of the students currently
23 attending the school to be converted. A petition to establish a new charter
24 school shall be submitted to the board of trustees of the district for review
25 after the petition has been signed by not less than thirty (30) qualified
26 electors of the district.
27 (2) Not later than thirty (30) days after receiving a petition signed in
28 accordance with the specifications in subsection (1) of this section, the
29 board of trustees shall hold a meeting open to the public for the purpose of
30 discussing the provisions of the charter, at which time the board shall con-
31 sider the merits of the petition and the level of employee and parental sup-
32 port for the petition. Following review of the petition and the public hear-
33 ing, the board of trustees shall either grant or deny the charter within sixty
34 (60) days of receipt of the petition, provided however, that the date may be
35 extended by an additional sixty (60) days if the petition fails to meet the
36 signature requirements or fails to contain all of the information required in
37 this section, or if both parties agree to the extension.
38 (3) A board of trustees may grant a charter for operation of a school
39 under the provisions of this chapter if it determines that the petition con-
40 tains the number of signatures required, a statement of each of the conditions
41 described in subsection (4) of this section, and descriptions of all of the
43 (a) The educational program of the charter school, designed among other
1 things, to identify what it means to be an "educated person" in the
2 twenty-first century, and how learning best occurs. The goals identified
3 in the program shall include how all educational thoroughness standards as
4 defined in section 33-1612, Idaho Code, shall be fulfilled.
5 (b) The measurable student educational standards identified for use by
6 the charter school. "Student educational standards" for the purpose of
7 this chapter means the extent to which all students of the charter school
8 demonstrate they have attained the skills and knowledge specified as goals
9 in the school's educational program.
10 (c) The method by which student progress in meeting those student educa-
11 tional standards is to be measured.
12 (d) A provision by which students of the charter school will be tested
13 with the same standardized tests as other Idaho public school students.
14 (e) A provision which ensures that the charter school shall be state
15 accredited as provided by rule of the state board of education.
16 (f) The governance structure of the charter school including, but not
17 limited to, the person or entity who shall be legally accountable for the
18 operation of the school, and the process to be followed by the charter
19 school to ensure parental involvement.
20 (g) The qualifications to be met by individuals employed by the charter
21 school. Instructional staff shall be certified teachers, or may apply for
22 a waiver or any of the limited certification options as provided by rule
23 of the state board of education.
24 (h) The procedures that the charter school will follow to ensure the
25 health and safety of students and staff.
26 (i) Admission procedures, including provision for overenrollment which
27 specifies admission will be determined 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
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
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
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. No charter school shall be
49 allowed to expend more than ten percent (10%) of its annual operating bud-
50 get for the purpose of providing special education services. If such limit
51 is reached prior to the end of the budget year, any further financial
52 responsibility required for that year shall be assumed by the entity which
53 approved the charter.
54 (r) The manner by which eligible students from the charter school shall
55 be allowed to participate in dual enrollment in noncharter schools within
1 the district as provided for in chapter 2, title 33, Idaho Code.
2 (4) The petitioner shall provide information regarding the proposed oper-
3 ation and potential effects of the school including, but not limited to, the
4 facilities to be utilized by the school, the manner in which administrative
5 services of the school are to be provided and the potential civil liability
6 effects upon the school and upon the district.
7 SECTION 2. That Section 33-5208, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-5208. CHARTER SCHOOL FINANCIAL SUPPORT. From the state educational
10 support program the state department of education shall make the following
11 apportionment to each charter school for each fiscal year based on attendance
12 figures submitted in a manner and time as required by the department of educa-
14 (1) Per student support. Computation of support units for each charter
15 school shall be calculated as if it were a separate school according to the
16 schedules in section 33-1002 6., Idaho Code, except that charter schools with
17 fewer than one hundred (100) secondary ADA shall use a divisor of twelve (12)
18 and the minimum units shall not apply. Funding from the state educational sup-
19 port program shall be equal to the total distribution factor, plus the salary-
20 based apportionment provided in chapter 10, title 33, Idaho Code.
21 (2) Special education. For each student enrolled in the charter school
22 who is entitled to special education services, the state and federal funds
23 from the exceptional child education program for that student that would have
24 been apportioned for that student to the school district in which the charter
25 school is located.
26 (a) For the purposes of special education support, the chartering school
27 district shall provide equal access to services to students enrolled in
28 its charter schools at no additional charge to the charter school, subject
29 to stipulations as provided by the funding source.
30 (b) Support for special education services which exceeds ten percent
31 (10%) of an annual operating budget shall be provided as specified in sub-
32 section (3) of section 33-5205, Idaho Code.
33 (3) Alternative school support. Charter schools may qualify under the
34 provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the charter
35 school meets the necessary statutory requirements, and students qualify for
36 attendance at an alternative school as provided by rule of the state board of
38 (4) Transportation support. Support shall be paid to the charter school
39 as provided in chapter 15, title 33, Idaho Code, and section 33-1006, Idaho
40 Code. Each charter school shall furnish the department with an enrollment
41 count as of the first Friday in November, of charter school students living
42 more than one and one-half (1 1/2) miles from the school.
43 (5) Payment schedule. The state department of education is authorized to
44 make a one-time advance payment of twenty-five percent (25%) of a charter
45 school's estimated annual apportionment for its first year of operation to
46 assist the school with initial start-up costs.
47 (a) For a state charter school to receive the advance payment, the school
48 shall submit its anticipated fall membership for each grade level to the
49 state department of education by June 1.
50 (b) Using the figures provided by the school, the state department of
51 education shall determine an estimated annual apportionment from which the
52 amount of the advance payment shall be calculated. Advance payment shall
53 be made to the school on or after July 1 but no later than July 31.
1 (c) All subsequent payments, taking into account the one-time advance
2 payment made for the first year of operation, shall be made to the charter
3 school in the same manner as other public schools in accordance with the
4 provisions of section 33-1009, Idaho Code.
5 A charter school shall comply with all applicable fiscal requirements of law,
6 except that the following provisions shall not be applicable to charter
7 schools: section 33-1003B, Idaho Code, relating to guaranteed minimum support;
8 that portion of section 33-1004, Idaho Code, relating to reduction of the
9 instructional staff allowance when there is a discrepancy between the number
10 allowed and the number actually employed; and section 33-1004E, Idaho Code,
11 for calculation of district staff indices.
12 (6) Nothing in this chapter shall be construed to prohibit any private
13 person or organization from providing funding or other financial assistance to
14 the establishment or operation of a charter school.
15 (7) Nothing in this chapter shall prevent a charter school from applying
16 for federal grant moneys.
17 SECTION 3. This act shall be in full force and effect on and after July
18 1, 2000.
STATEMENT OF PURPOSE
The purpose of this legislation is to provide that a Charter School shall not
expend more than ten percent of its annual operating budget to provide special
education services and to provide that the chartering entity shall assume financial
responsibility for any amounts required in excess of the ten percent limit. Provides
further that Charter School students shall have equal access to special education
services at no additional charge to the Charter School and to provide additional
financial support to a Charter School in meeting its obligation to provide special
It is expected that the impact will be minimal. Currently, districts spend about 6%
of their budgets on Special Education programs. This legislation is designed to
address a situation in which a high percentage of Special Education children
would cause undo financial hardship on a Charter School.
Idaho Charter School Association
Moscow, Idaho 83843
STATEMENT OF PURPOSE/FISCAL IMPACT S 1448