View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1383..........................................................by EDUCATION CHARTER SCHOOLS - Amends existing law to clarify application of laws concerning contracts, public documents and other miscellaneous provisions to charter schools and the board of directors of a charter school. 02/07 Senate intro - 1st rdg - to printing 02/08 Rpt prt - to Educ 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 26-2-7 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Dunklin, Geddes, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch(Risch), Schroeder, Sims, Stegner, Stennett, Thorne, Wheeler NAYS -- Davis, Hawkins Absent and excused -- Deide, Frasure, Goedde, Marley, Sandy, Sorensen, Williams Floor Sponsor - Schroeder Title apvd - to House 02/22 House intro - 1st rdg - to Educ 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 65-1-4 AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Wheeler, Young NAYS -- Barrett Absent and excused -- Field(20), Trail, Wood, Mr. Speaker Floor Sponsor - Hammond Title apvd - to Senate 03/07 To enrol 03/08 Rpt enrol - Pres signed 03/11 Sp signed 03/12 To Governor 03/26 Governor signed Session Law Chapter 293 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1383 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5204, IDAHO CODE, TO CLARIFY 3 APPLICATION OF LAW TO CHARTER SCHOOLS AND THE BOARD OF DIRECTORS OF A 4 CHARTER SCHOOL. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter 9 school shall be organized and managed under the Idaho nonprofit corporation 10 act. The board of directors of a charter school shall be deemed public agents 11 authorized by a public school district or the state board of education to con- 12 trol the charter school, but shall function independently of any school board 13 of trustees, except as provided in the charter. A charter school shall be con- 14 sidered a public school for all purposes and shall comply with the audit 15 reporting requirements of section 33-701 6., Idaho Code, and shall annually 16 file financial and statistical reports as required in section 33-701 7., Idaho 17 Code. For the purposes of section 59-1302(15), Idaho Code, a charter school 18 created pursuant to this chapter shall be deemed a governmental entity. Pursu- 19 ant to the provisions of section 63-3622O, Idaho Code, sales to or purchases 20 by a public charter school are exempt from payment of the sales and use tax. A 21 charter school and the board of directors of a charter school are subject to 22 the provisions of chapter 23, title 67, and chapter 3, title 9, Idaho Code, in 23 the same manner that a public school and the board of school trustees are sub- 24 ject to those provisions. 25 (2) A charter school may sue or be sued, purchase, receive, hold and con- 26 vey real and personal property for school purposes, and borrow money for such 27 purposes, to the same extent and on the same conditions as a public school 28 district, and its employees, directors and officers shall enjoy the same immu- 29 nities as employees, directors and officers of public school districts and 30 other public schools. The approving authority of a charter school shall have 31 no liability for the acts, omissions, debts or other obligations of a charter 32 school, except as may be provided in an agreement or contract with such 33 charter school. 34 (3) Nothing in this chapter shall prevent the board of directors of a 35 charter school, operating as a nonprofit corporation, from borrowing money to 36 finance the purchase of school building facilities. Subject to the terms of a 37 contractual agreement between the board and a lender, nothing herein shall 38 prevent the board from using the facility as collateral for the loan. 39 (4) Charter schools shall secure insurance for liability and property 40 loss.
STATEMENT OF PURPOSE R.S. 11729 The purpose of this legislation is to provide that Charter Schools must conduct open public meetings and to provide that their records are public records. Some confusion has existed with respect to certain Charter Schools on this issue. FISCAL IMPACT None to the General Fund or to any local unit of Government. Schools should have been holding open meetings and should have provided access by the public to their records. Contact: Senator Gary J. Schroeder 332-1321 S 1383