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H0271.............................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law relating to charter school law to
clarify legislative intent; to clarify the requirement of a petition to
provide a public school alternative for students not attending a charter
school in the district; to provide that a charter school shall service
students in its attendance area as specified in its charter; to provide for a
three-member hearing panel to review an appeal submitted to the State
Superintendent of Public Instruction; to provide that when the State Board of
Education reviews an appeal, it may approve a charter for the establishment of
a new charter school if it determines the petition meets the intent of law;
and to clarify reasons for which a charter may be revoked by the original
authority which granted the charter.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Educ
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 57-12-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Clark, Collins, Deal, Denney,
Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,
Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Raybould,
Ring, Roberts, Robison, Rydalch, Sali, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
Wills, Wood, Mr. Speaker
NAYS -- Bieter, Cannon, Cuddy, Douglas, Edmunson, Jones, Mitchell,
Naccarato, Ridinger, Ringo, Sayler, Trail
Absent and excused -- Crow
Floor Sponsor - Tilman
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 271
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202, IDAHO CODE, TO
3 CLARIFY LEGISLATIVE INTENT; AMENDING SECTION 33-5203, IDAHO CODE, TO PRO-
4 VIDE THAT A CHARTER SCHOOL SHALL SERVICE STUDENTS IN ITS ATTENDANCE AREA
5 AS SPECIFIED IN ITS CHARTER; AMENDING SECTION 33-5205, IDAHO CODE, TO
6 CLARIFY THAT THE REQUIREMENT OF A PETITION TO PROVIDE A PUBLIC SCHOOL
7 ATTENDANCE ALTERNATIVE FOR STUDENTS NOT ATTENDING A CHARTER SCHOOL IN THE
8 DISTRICT APPLIES ONLY IF THE PETITION IS FOR CONVERSION OF AN EXISTING
9 PUBLIC SCHOOL; AMENDING SECTION 33-5207, IDAHO CODE, TO PROVIDE FOR A
10 THREE MEMBER HEARING PANEL TO REVIEW APPEALS SUBMITTED TO THE STATE SUPER-
11 INTENDENT OF PUBLIC INSTRUCTION AND TO PROVIDE THAT WHEN THE STATE BOARD
12 OF EDUCATION REVIEWS AN APPEAL, IT MAY APPROVE A CHARTER FOR THE ESTAB-
13 LISHMENT OF A NEW CHARTER SCHOOL IF IT DETERMINES THE PETITION MEETS THE
14 INTENT OF LAW; AND AMENDING SECTION 33-5209, IDAHO CODE, TO CLARIFY REA-
15 SONS FOR WHICH A CHARTER MAY BE REVOKED BY THE ORIGINAL AUTHORITY WHICH
16 GRANTED THE CHARTER.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 33-5202, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 33-5202. LEGISLATIVE INTENT. It is the intent of the legislature to pro-
21 vide opportunities for teachers, parents, students and community members to
22 establish and maintain public charter schools which operate independently from
23 the existing school district structure but within the existing public school
24 system as a method to encourage positive change in all Idaho public schools to
25 accomplish all of the following:
26 (1) Improve student learning;
27 (2) Increase learning opportunities for all students, with special empha-
28 sis on expanded learning experiences for students;
29 (3) Include the use of different and innovative teaching methods which
30 may also be combined with proven teaching methods;
31 (4) Utilize virtual distance learning and on-line learning;
32 (5) Create new professional opportunities for teachers, including the
33 opportunity to be responsible for the learning program at the school site;
34 (6) Provide parents and students with expanded choices in the types of
35 educational opportunities that are available within the public school system;
36 (7) Hold the schools established under this chapter accountable for meet-
37 ing measurable student educational standards.
38 SECTION 2. That Section 33-5203, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
41 schools is hereby authorized. Charter schools shall be part of the state's
2
1 program of public education.
2 (2) It is the intent of the legislature that the number of charter
3 schools which may be approved in each of the first five (5) years after the
4 effective date of this act be limited in number and geographic distribution in
5 accordance with the following:
6 (a) Not more than sixty (60) schools may be approved in the first five
7 (5) years after the effective date of this act, and
8 (b) Not more than twelve (12) schools may be approved in any one (1)
9 year, and
10 (c) Not more than two (2) charters per year may be granted within an edu-
11 cational classification region as established by the state board of educa-
12 tion, and
13 (d) Not more than one (1) charter may be granted for any one (1) school
14 district in a year, and
15 (e) No whole school district may be converted to a charter district or
16 any configuration which includes all schools as charter schools.
17 The legislature further finds that, notwithstanding the limitations of this
18 subsection (2), if fewer than twelve (12) charters are approved by June 1 of a
19 year, the unused allotments shall be assigned to a statewide pool for use by
20 other requesting districts. Distributions from the pool shall be made by ran-
21 dom drawing.
22 (3) A charter school may be formed by creating a new school or converting
23 an existing public school to charter status. No charter shall be granted under
24 this chapter which authorizes the conversion of any private or parochial
25 school to a charter school. No charter shall be granted to or operated by a
26 for-profit entity. A charter school shall provide services to students within
27 its attendance area as specified in its charter.
28 SECTION 3. That Section 33-5205, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
31 the board of trustees of a school district to establish a charter school, or
32 to convert an existing school within the school district to charter status. A
33 petition to convert an existing school shall be submitted to the board of
34 trustees of the district for review after the petition has been signed by not
35 less than sixty percent (60%) of the teachers currently employed by the school
36 district at the school to be converted, and by one (1) or more parents or
37 guardians of not less than sixty percent (60%) of the students currently
38 attending the school to be converted. A petition to establish a new charter
39 school shall be submitted to the board of trustees of the district for review
40 after the petition has been signed by not less than thirty (30) qualified
41 electors of the district.
42 (2) Not later than thirty (30) days after receiving a petition signed in
43 accordance with the specifications in subsection (1) of this section, the
44 board of trustees shall hold a meeting open to the public for the purpose of
45 discussing the provisions of the charter, at which time the board shall con-
46 sider the merits of the petition and the level of employee and parental sup-
47 port for the petition. Following review of the petition and the public hear-
48 ing, the board of trustees shall either grant or deny the charter within sixty
49 (60) days of receipt of the petition, provided however, that the date may be
50 extended by an additional sixty (60) days if the petition fails to meet the
51 signature requirements or fails to contain all of the information required in
52 this section, or if both parties agree to the extension.
53 (3) A board of trustees may grant a charter for operation of a school
3
1 under the provisions of this chapter if it determines that the petition con-
2 tains the number of signatures required, a statement of each of the conditions
3 described in subsection (4) of this section, and descriptions of all of the
4 following:
5 (a) The educational program of the charter school, designed among other
6 things, to identify what it means to be an "educated person" in the
7 twenty-first century, and how learning best occurs. The goals identified
8 in the program shall include how all educational thoroughness standards as
9 defined in section 33-1612, Idaho Code, shall be fulfilled.
10 (b) The measurable student educational standards identified for use by
11 the charter school. "Student educational standards" for the purpose of
12 this chapter means the extent to which all students of the charter school
13 demonstrate they have attained the skills and knowledge specified as goals
14 in the school's educational program.
15 (c) The method by which student progress in meeting those student educa-
16 tional standards is to be measured.
17 (d) A provision by which students of the charter school will be tested
18 with the same standardized tests as other Idaho public school students.
19 (e) A provision which ensures that the charter school shall be state
20 accredited as provided by rule of the state board of education.
21 (f) The governance structure of the charter school including, but not
22 limited to, the person or entity who shall be legally accountable for the
23 operation of the school, and the process to be followed by the charter
24 school to ensure parental involvement.
25 (g) The qualifications to be met by individuals employed by the charter
26 school. Instructional staff shall be certified teachers, or may apply for
27 a waiver or any of the limited certification options as provided by rule
28 of the state board of education.
29 (h) The procedures that the charter school will follow to ensure the
30 health and safety of students and staff.
31 (i) Admission procedures, including provision for overenrollment. Initial
32 admission procedures for a new charter school, not a renewal, including
33 provision for overenrollment, which specifies admission will be determined
34 by lottery or other random method. If initial capacity is insufficient to
35 enroll all pupils who submit a timely application, preference shall be
36 given in the following order: first, to siblings of pupils already
37 selected by the lottery or other random method; and second, an equitable
38 selection process such as by lottery or other random method. If capacity
39 is insufficient to enroll all pupils for subsequent school terms, who sub-
40 mit a timely application, preference shall be given in the following
41 order: first, to pupils returning to the charter school in the second or
42 any subsequent year of its operation; second, to siblings of pupils
43 already enrolled in the charter school; and third, an equitable selection
44 process such as by lottery or other random method.
45 (j) The manner in which an annual audit of the financial and programmatic
46 operations of the charter school is to be conducted.
47 (k) The procedures by which students can be suspended, expelled and
48 reenrolled.
49 (l) A provision which ensures all staff members of the charter school
50 will be covered by the public employee retirement system, federal social
51 security, unemployment insurance and worker's compensation insurance.
52 (m) The public school attendance alternative for students residing within
53 the school district who choose not to attend the charter school if the
54 petition is for the conversion of an existing public school.
55 (n) A description of the transfer rights of any employee choosing to work
4
1 in a charter school and the rights of such employees to return to any non-
2 charter school in the school district after employment at a charter
3 school.
4 (o) A provision which ensures that the staff of the charter school shall
5 be considered a separate unit for purposes of collective bargaining.
6 (p) The procedures to be followed by the charter school and the entity
7 granting the charter to resolve disputes relating to provisions of the
8 charter.
9 (q) The manner by which special education services will be provided to
10 students with disabilities who are eligible pursuant to the federal indi-
11 viduals with disabilities education act.
12 (r) The manner by which eligible students from the charter school shall
13 be allowed to participate in dual enrollment in noncharter schools within
14 the district as provided for in chapter 2, title 33, Idaho Code.
15 (4) The petitioner shall provide information regarding the proposed oper-
16 ation and potential effects of the school including, but not limited to, the
17 facilities to be utilized by the school, the manner in which administrative
18 services of the school are to be provided and the potential civil liability
19 effects upon the school and upon the district.
20 SECTION 4. That Section 33-5207, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 33-5207. CHARTER APPEAL PROCEDURE. (1) If a local school board of
23 trustees grants a charter for the conversion of an existing school within the
24 school district over the objection of thirty (30) or more persons or employees
25 of the district, or denies a petition for the establishment of a new charter
26 school for any reason including, but not limited to, failure by the petitioner
27 to follow procedures or for failure to provide required information, then such
28 decisions may be appealed to the state superintendent of public instruction,
29 at the request of persons opposing the conversion of an existing school, or at
30 the request of the petitioner whose request for a new charter was denied.
31 (2) Within ten (10) working days of receipt of an appeal, tThe state
32 superintendent of public instruction shall select convene a three (3) member
33 hearing officer panel to review the action of the local board of trustees as
34 provided in the appeal. One (1) member of the panel shall be designated by the
35 state superintendent of public instruction, one (1) member shall be designated
36 by the persons who have appealed the decision, and the third member shall be
37 selected upon mutual agreement of the first two (2) designated members. The
38 hearing officer panel shall, within thirty (30) days of the request, review
39 the charter petition and convene a public hearing regarding the charter
40 request. Within ten (10) days of the public hearing, the hearing officer panel
41 shall submit a written recommendation to the local board of trustees and to
42 the persons requesting the review.
43 (3) Within thirty (30) days following receipt of the hearing officer's
44 panel's written recommendation, the local board of trustees shall hold a pub-
45 lic hearing. Within ten (10) days of this hearing, the local board of trustees
46 shall either affirm or reverse its initial decision. The board's decision
47 shall be in writing and contain findings which explain the reasons for its
48 decision.
49 (4) If, upon reconsideration of a decision to approve the conversion of
50 an existing school to a charter school, the local school board:
51 (a) Affirms its initial decision to authorize such conversion, the
52 charter shall be granted and there shall be no further appeal.
53 (b) Reverses its initial decision and denies the conversion, that deci-
5
1 sion is final and there shall be no further appeal.
2 (5) If, upon reconsideration of a decision to deny establishment of a new
3 charter school, the local school board:
4 (a) Reverses its initial decision and approves the new charter school,
5 the charter shall be granted and there shall be no further appeal.
6 (b) Affirms its initial decision denying the new charter school, the
7 petitioners for the establishment of the new charter school may appeal to
8 the state board of education. The state board of education shall hold a
9 public hearing at its next regular meeting and shall approve the charter
10 for the establishment of a new charter school if it determines that the
11 local board of trustees failed to appropriately consider the charter
12 request, or if the local board acted in an arbitrary manner in denying the
13 request petition meets the intent of this chapter 52, title 33, Idaho
14 Code. Such hearing shall be conducted pursuant to procedures as set by the
15 state board of education.
16 (6) A charter school for which a charter is granted by the state board of
17 education shall qualify fully as a charter school for all funding and other
18 purposes of this chapter. The state board of education shall assume the role
19 of the chartering entity. Employees of a charter school authorized by the
20 state board of education shall not be considered employees of the local school
21 district nor of the state board of education.
22 (7) The finding of the state board of education shall be subject to
23 review pursuant to chapter 52, title 67, Idaho Code. Nothing in this section
24 shall prevent a petitioner from bringing a new petition at a later time.
25 (8) There shall be no appeal of a decision by a local school board of
26 trustees which denies the conversion of an existing school within that dis-
27 trict to a charter school, or which grants a petition for the establishment of
28 a new charter school.
29 SECTION 5. That Section 33-5209, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 33-5209. TIME LIMITS -- REVOCATION -- APPEAL. (1) A charter granted pur-
32 suant to this chapter shall be valid for a period not to exceed five (5)
33 years. A charter may be granted one (1) or more subsequent renewals by the
34 original granting authority. Each renewal shall be valid for a period not to
35 exceed five (5) years. A material revision of the provisions of the charter
36 petition may be made only with the approval of the authority which granted the
37 charter.
38 (2) A charter may be revoked by the original granting authority if the
39 authority finds that the charter school has done any of the following:
40 (a) Committed Failed to remedy a material violation of any condition,
41 standard or procedure set forth in the charter petition;
42 (b) Failed to substantially meet any of the student educational standards
43 identified in the charter petition;
44 (c) Failed to meet remedy noted deficiencies in generally accepted
45 accounting standards of fiscal management;
46 (d) Failed to submit required reports as identified in the charter peti-
47 tion to the authority which authorized the charter; or
48 (e) Violated Is convicted of violating any provision of law.
49 (3) A decision to revoke, not to renew, or not to approve a revision of a
50 charter may be appealed directly to the state board of education. The state
51 board shall essentially follow the procedure as provided in section 33-5207,
52 Idaho Code.
STATEMENT OF PURPOSE
RS 12919
The purpose of this legislation is to clarify Legislative intent
and the appeal process for Idaho Public Charter Schools.
FISCAL IMPACT
There is no impact on the General Fund.
Contact
Name: Representative Fred Tilman
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H27