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S1060..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to require public charter schools to
prepare and submit audit reports and to annually file financial and
statistical reports with the State Department of Education.
02/02 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Educ
02/09 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Danielson, Goedde
Floor Sponsor -- Williams
Title apvd - to House
02/21 House intro - 1st rdg - to Educ
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Lake, Langford, Loertscher, Mader,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman,
Trail, Wheeler, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Kunz, Marley, Wood
Floor Sponsor -- Boe
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/20 Governor signed
Session Law Chapter 64
Effective: 03/20/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1060
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5204, IDAHO CODE, TO REQUIRE
3 CHARTER SCHOOLS TO PREPARE AND SUBMIT AUDIT REPORTS AND TO ANNUALLY FILE
4 FINANCIAL AND STATISTICAL REPORTS WITH THE STATE DEPARTMENT OF EDUCATION;
5 AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter
10 school shall be organized and managed under the Idaho nonprofit corporation
11 act. The board of directors of a charter school shall be deemed public agents
12 authorized by a public school district or the state board of education to con-
13 trol the charter school, but shall function independently of any school board
14 of trustees, except as provided in the charter. A charter school shall be con-
15 sidered a public school for all purposes and shall comply with the audit
16 reporting requirements of section 33-701 6., Idaho Code, and shall annually
17 file financial and statistical reports as required in section 33-701 7., Idaho
18 Code. For the purposes of section 59-1302(15), Idaho Code, a charter school
19 created pursuant to this chapter shall be deemed a governmental entity. Pursu-
20 ant to the provisions of section 63-3622O, Idaho Code, sales to or purchases
21 by a public charter school are exempt from payment of the sales and use tax.
22 (2) A charter school may sue or be sued, purchase, receive, hold and con-
23 vey real and personal property for school purposes, and borrow money for such
24 purposes, to the same extent and on the same conditions as a public school
25 district, and its employees, directors and officers shall enjoy the same immu-
26 nities as employees, directors and officers of public school districts and
27 other public schools. The approving authority of a charter school shall have
28 no liability for the acts, omissions, debts or other obligations of a charter
29 school, except as may be provided in an agreement or contract with such
30 charter school.
31 (3) Nothing in this chapter shall prevent the board of directors of a
32 charter school, operating as a nonprofit corporation, from borrowing money to
33 finance the purchase of school building facilities. Subject to the terms of a
34 contractual agreement between the board and a lender, nothing herein shall
35 prevent the board from using the facility as collateral for the loan.
36 (4) Charter schools shall secure insurance for liability and property
37 loss.
38 SECTION 2. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect on and after its
40 passage and approval.
STATEMENT OF PURPOSE
RS 10610
The purpose of the proposed amendment is to have charter schools report budgeted
expenditures according to the same accounting standards, categories and procedures used for
other public schools. The accounting standards charter schools now use are those designed for
non-profit corporations, because Idaho Code 3 3-5204 (1) provides that charter schools shall be
organized under the Idaho non-profit corporation act. Non-profit corporation accounting
standards and categories are different from those the Department of Education must use to report
expenditures to state and federal entities. Consequently, the Department of Education must ask
charter schools to re-submit their financial reports each time according to the standards the
department must use to report public school expenditures.
The proposed amendment will further the legislative intent of Idaho Code 33-5212
(review of effectiveness) by providing a meaningful basis for examining financial data in
addition to the required review of educational effectiveness of charter schools prior to July 1,
2004. The proposed amendment will save charter schools time, effort, and the additional expense
of amending non-profit corporation fmancial reports to conform to reporting standards.
FISCAL IMPACT
There is no direct fiscal impact on the general fund, because financial reporting is already
required by law. The number of financial reports submitted will be reduced.
Contact
Name: Tim Hill, Department of Education
Phone: 332-6840
STATEMENT OF PURPOSE/FISCAL NOTE S 1060