2001 Legislation
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SENATE BILL NO. 1060 – Charter schools, reports


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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 / Fiscal Impact

                      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.
Name:   Tim Hill, Department of Education
Phone:   332-6840

STATEMENT OF PURPOSE/FISCAL NOTE                                                                      S 1060