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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 - 2002
IN 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