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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
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.
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
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