2002 Legislation
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SENATE BILL NO. 1383 – Charter school/public documents


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1383
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  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 / Fiscal Impact

	             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

                                                   S 1383