2001 Legislation
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HOUSE BILL NO. 294 – Charter school/new/attendance area


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Daily Data Tracking History

H0294..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide that a new or conversion
charter school shall specify an attendance area for admission preference.
02/20    House intro - 1st rdg - to printing
02/21    Rpt prt - to Educ
03/02    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 57-0-13
      AYES -- Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
      Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy, Denney, Ellis,
      Ellsworth, Eskridge, Field(13), Gould, Hadley, Hammond, Harwood,
      Henbest, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Loertscher,
      Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stone, Swan(Hansen), Tilman, Trail,
      Wheeler, Young
      NAYS -- None
      Absent and excused -- Barraclough(Barraclough), Callister, Deal,
      Field(20), Gagner, Jaquet, Jones, Langford, Montgomery, Raybould,
      Stevenson, Wood, Mr. Speaker
    Floor Sponsor -- Tilman
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, 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 -- None
    Floor Sponsor -- Dunklin
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/26    Governor signed
         Session Law Chapter 209
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 294
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-5206, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  9    (1)  In  addition to any other requirements imposed in this chapter, a charter
 10    school shall be nonsectarian in its programs,  affiliations,  admission  poli-
 11    cies,  employment  practices,  and  all  other  operations,  shall  not charge
 12    tuition, levy taxes or issue bonds, and shall  not  discriminate  against  any
 13    student  on  any basis prohibited by the federal or state constitutions or any
 14    federal, state or local law. Admission to a charter school shall not be deter-
 15    mined according to the place of residence of the student, or of the  student's
 16    parent  or  guardian  within  the  district,  except  that a new or conversion
 17    charter school established under the provisions of this  chapter  shall  adopt
 18    and  maintain  a  policy  giving  admission  preference to students who reside
 19    within the attendance area of that school.
 20        (2)  No board of trustees shall require any employee of  the  school  dis-
 21    trict to be involuntarily assigned to work in a charter school.
 22        (3)  Certified  teachers  in  a  charter school shall be considered public
 23    school teachers. Educational experience shall accrue for service in a  charter
 24    school  and  such  experience shall be counted by any school district to which
 25    the teacher returns after employment in a charter school.
 26        (4)  No board of trustees shall require any student enrolled in the school
 27    district to attend a charter school.
 28        (5)  Upon approval of the petition by the board  of  trustees,  the  peti-
 29    tioner  shall provide written notice of that approval, including a copy of the
 30    petition, to the state board of education. For the purpose of implementing the
 31    provisions of section 33-5203(2), Idaho Code, the  state  board  of  education
 32    shall  assign  a  number to each petition it receives. Petitions shall be num-
 33    bered based on the chronological order in which notice of the  approved  peti-
 34    tion is received by the state board of education.
 35        (6)  Each charter school shall annually submit a report to the local board
 36    of  trustees  which  approved its charter. In the case of a new charter school
 37    whose charter was granted by the state board of education pursuant to  section
 38    33-5207,  Idaho  Code, the annual report shall be submitted to the state board
 39    of  education.  The  report  shall  contain  the  audit  of  the  fiscal   and
 40    programmatic  operations  as  required in section 33-5205(3)(j), Idaho Code, a
 41    report on student progress based on the charter school's  student  educational
 42    standards  identified  in section 33-5205(3)(b), Idaho Code, and a copy of the
 43    charter school's accreditation report.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE
                           RS 11145
The purpose of this legislation is to clarify the Public Charter
Schools Act of 1998, giving admission preference to students who
reside within the attendance area of a charter school established
under the provisions of Chapter 52, Idaho Code. Currently, parents may
work literally hundreds of hours getting a charter school approved and
established, then find that their own children may not be admitted.
This can occur when there is an over enrollment and a lottery or other
random method is used to select the students who will attend the
charter school.

                         FISCAL IMPACT
There will be no fiscal impact.

     Name:   Dr. Bob Haley, State Department of Education
     Phone:  208 332 6810

STATEMENT OF PURPOSE/FISCAL NOTE                                H 29