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H0544..........................................................by EDUCATION
CHARTER SCHOOLS - ADMISSION - Amends existing law to further prescribe
admission procedures to a public charter school when the capacity of the
charter school is insufficient to enroll all pupils who submit a timely
application.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Educ
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 62-5-3
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Mader, Martinez, McKague,
Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Smith(23), Smylie, Stone, Tilman, Trail, Wheeler, Young,
Mr. Speaker
NAYS -- Barrett, Boe, Hornbeck, Montgomery, Wood
Absent and excused -- Gould, Loertscher, Stevenson
Floor Sponsor - Black
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 544
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CHARTER SCHOOL PETITIONS; AMENDING SECTION 33-5205, IDAHO CODE, TO
3 FURTHER PRESCRIBE ADMISSION PROCEDURES WHEN THE CAPACITY OF THE CHARTER
4 SCHOOL IS INSUFFICIENT TO ENROLL ALL PUPILS WHO SUBMIT A TIMELY APPLICA-
5 TION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
10 the board of trustees of a school district to establish a charter school, or
11 to convert an existing school within the school district to charter status. A
12 petition to convert an existing school shall be submitted to the board of
13 trustees of the district for review after the petition has been signed by not
14 less than sixty percent (60%) of the teachers currently employed by the school
15 district at the school to be converted, and by one (1) or more parents or
16 guardians of not less than sixty percent (60%) of the students currently
17 attending the school to be converted. A petition to establish a new charter
18 school shall be submitted to the board of trustees of the district for review
19 after the petition has been signed by not less than thirty (30) qualified
20 electors of the district.
21 (2) Not later than thirty (30) days after receiving a petition signed in
22 accordance with the specifications in subsection (1) of this section, the
23 board of trustees shall hold a meeting open to the public for the purpose of
24 discussing the provisions of the charter, at which time the board shall con-
25 sider the merits of the petition and the level of employee and parental sup-
26 port for the petition. Following review of the petition and the public hear-
27 ing, the board of trustees shall either grant or deny the charter within sixty
28 (60) days of receipt of the petition, provided however, that the date may be
29 extended by an additional sixty (60) days if the petition fails to meet the
30 signature requirements or fails to contain all of the information required in
31 this section, or if both parties agree to the extension.
32 (3) A board of trustees may grant a charter for operation of a school
33 under the provisions of this chapter if it determines that the petition con-
34 tains the number of signatures required, a statement of each of the conditions
35 described in subsection (4) of this section, and descriptions of all of the
36 following:
37 (a) The educational program of the charter school, designed among other
38 things, to identify what it means to be an "educated person" in the
39 twenty-first century, and how learning best occurs. The goals identified
40 in the program shall include how all educational thoroughness standards as
41 defined in section 33-1612, Idaho Code, shall be fulfilled.
42 (b) The measurable student educational standards identified for use by
43 the charter school. "Student educational standards" for the purpose of
2
1 this chapter means the extent to which all students of the charter school
2 demonstrate they have attained the skills and knowledge specified as goals
3 in the school's educational program.
4 (c) The method by which student progress in meeting those student educa-
5 tional standards is to be measured.
6 (d) A provision by which students of the charter school will be tested
7 with the same standardized tests as other Idaho public school students.
8 (e) A provision which ensures that the charter school shall be state
9 accredited as provided by rule of the state board of education.
10 (f) The governance structure of the charter school including, but not
11 limited to, the person or entity who shall be legally accountable for the
12 operation of the school, and the process to be followed by the charter
13 school to ensure parental involvement.
14 (g) The qualifications to be met by individuals employed by the charter
15 school. Instructional staff shall be certified teachers, or may apply for
16 a waiver or any of the limited certification options as provided by rule
17 of the state board of education.
18 (h) The procedures that the charter school will follow to ensure the
19 health and safety of students and staff.
20 (i) Admission procedures, including provision for overenrollment. Initial
21 admission procedures for a new charter school, not a renewal, including
22 provision for overenrollment, which specifies admission will be determined
23 by lottery or other random method. If initial capacity is insufficient to
24 enroll all pupils who submit a timely application, preference shall be
25 given in the following order: first, to siblings of pupils already
26 selected by the lottery or other random method; and second, to pupils
27 meeting the requirements of the charter and transferring from another
28 Idaho approved charter school; and third, an equitable selection process
29 such as by lottery or other random method. If capacity is insufficient to
30 enroll all pupils for subsequent school terms, who submit a timely appli-
31 cation, preference shall be given in the following order: first, to pupils
32 returning to the charter school in the second or any subsequent year of
33 its operation; second, to siblings of pupils already enrolled in the
34 charter school; and third, to pupils meeting the requirements of the
35 charter and transferring from another Idaho approved charter school; and
36 fourth, an equitable selection process such as by lottery or other random
37 method.
38 (j) The manner in which an annual audit of the financial and programmatic
39 operations of the charter school is to be conducted.
40 (k) The procedures by which students can be suspended, expelled and
41 reenrolled.
42 (l) A provision which ensures all staff members of the charter school
43 will be covered by the public employee retirement system, federal social
44 security, unemployment insurance and worker's compensation insurance.
45 (m) The public school attendance alternative for students residing within
46 the school district who choose not to attend the charter school.
47 (n) A description of the transfer rights of any employee choosing to work
48 in a charter school and the rights of such employees to return to any non-
49 charter school in the school district after employment at a charter
50 school.
51 (o) A provision which ensures that the staff of the charter school shall
52 be considered a separate unit for purposes of collective bargaining.
53 (p) The procedures to be followed by the charter school and the entity
54 granting the charter to resolve disputes relating to provisions of the
55 charter.
3
1 (q) The manner by which special education services will be provided to
2 students with disabilities who are eligible pursuant to the federal indi-
3 viduals with disabilities education act.
4 (r) The manner by which eligible students from the charter school shall
5 be allowed to participate in dual enrollment in noncharter schools within
6 the district as provided for in chapter 2, title 33, Idaho Code.
7 (4) The petitioner shall provide information regarding the proposed oper-
8 ation and potential effects of the school including, but not limited to, the
9 facilities to be utilized by the school, the manner in which administrative
10 services of the school are to be provided and the potential civil liability
11 effects upon the school and upon the district.
STATEMENT OF PURPOSE
RS 11695
This legislation would amend Section 33-5205, Idaho Code, to give
students transferring from one charter school to another
admittance priority if they meet the requirement for admittance
to that charter school. If a charter school has more applicants
than there is space available, then the charter school must use a
lottery or other random means of selecting its students. If a
student is admitted to a charter school and then moves to another
charter school attendance area they must go through the selection
process again.
FISCAL IMPACT
There would not be fiscal impact on the state budget or to the
appropriation to public schools.
Contact
Name: Dr. Bob Haley, State Department of Education
Phone: 208-332-6810
STATEMENT OF PURPOSE/FISCAL NOTE H 544