2000 Legislation
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SENATE BILL NO. 1448 – Charter schools, special education

SENATE BILL NO. 1448

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Daily Data Tracking History



S1448..........................................................by EDUCATION
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

Bill Text


 S1448
                                                                        
                                                                        
  ||||              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
 42    following:
 43        (a)  The educational program of the charter school, designed  among  other
                                                                        
                                           2
                                                                        
  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
 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.  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
                                                                        
                                           3
                                                                        
  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-
 13    tion:
 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
 37    education.
 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.
                                                                        
                                           4
                                                                        
  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 / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS 09548 
                           
     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
     education services. 
     
     
     
                    FISCAL IMPACT 
     
     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. 
     
     Contact: 
     
     Doug Amos 
     Idaho Charter School Association
     512 Northwood 
     Moscow, Idaho 83843
     208-883-3195 
     
     
                                                       STATEMENT OF PURPOSE/FISCAL IMPACT                S 1448