2002 Legislation
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HOUSE BILL NO. 544 – Charter school, admission procedrs


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Daily Data Tracking History

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
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

Bill Text

  ||||              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
  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
  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.
  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 / Fiscal Impact

                       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.

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

STATEMENT OF PURPOSE/FISCAL NOTE                        H 544