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H0346.............................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide for the number of charter
schools which may be approved by a chartering authority which is not a local
board of trustees of a school district; to provide for authorization of a
charter school by other educational institutions in the state; to authorize
the State Board of Education to establish a procedure by which other entities
may be a chartering authority; and to provide for the appeal of a decision by
a chartering authority which is not a local school board of trustees that
denies a petition to establish a charter school.
03/07 House intro - 1st rdg - to printing
03/10 Rpt prt - to Educ
03/21 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 47-19-4
AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Bolz,
Bradford, Campbell, Clark, Collins, Crow, Deal, Denney, Eberle,
Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,
Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller,
Moyle, Nielsen, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd,
Shirley, Skippen, Smith(24), Smylie, Snodgrass, Tilman, Wills, Wood
NAYS -- Andersen, Bieter(Bieter), Boe, Cuddy, Douglas, Edmunson,
Henbest(Bray), Jaquet, Jones, Langhorst, Martinez, Mitchell, Naccarato,
Ridinger, Ringo, Robison, Sayler, Smith(30), Trail
Absent and excused -- Cannon, Raybould, Stevenson, Mr. Speaker
Floor Sponsor - Tilman
Title apvd - to Senate
03/27 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. 346
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5203, IDAHO CODE, TO
3 PROVIDE FOR THE NUMBER OF CHARTER SCHOOLS WHICH MAY BE APPROVED BY A CHAR-
4 TERING AUTHORITY WHICH IS NOT A LOCAL BOARD OF TRUSTEES OF A SCHOOL DIS-
5 TRICT AND TO DELETE CONFLICTING LANGUAGE; AMENDING SECTION 33-5204, IDAHO
6 CODE, TO PROVIDE REFERENCE TO ALL CHARTERING AUTHORITIES; AMENDING SECTION
7 33-5205, IDAHO CODE, TO PROVIDE FOR AUTHORIZATION OF A CHARTER SCHOOL BY
8 OTHER EDUCATIONAL INSTITUTIONS IN THE STATE, TO REQUIRE THE STATE BOARD OF
9 EDUCATION TO ESTABLISH A PROCEDURE BY WHICH NONPROFIT CORPORATIONS AND
10 PRIVATE FOUNDATIONS MAY BE A CHARTERING AUTHORITY, TO AUTHORIZE THE STATE
11 BOARD OF EDUCATION TO CREATE OTHER CHARTERING AUTHORITIES WHICH ARE NOT
12 FOR-PROFIT ENTITIES, TO PROVIDE PROPER TERMINOLOGY AND TO PROVIDE CORRECT
13 CODE REFERENCES; AMENDING SECTION 33-5206, IDAHO CODE, TO CLARIFY THAT
14 ADMISSION POLICIES FOR AN ATTENDANCE AREA APPLY TO NEW OR CONVERSION CHAR-
15 TERS AUTHORIZED BY A LOCAL SCHOOL BOARD OF TRUSTEES, TO PROVIDE PROPER
16 TERMINOLOGY AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION
17 33-5207, IDAHO CODE, TO PROVIDE FOR APPEAL OF A DECISION BY A CHARTERING
18 AUTHORITY WHICH IS NOT A LOCAL SCHOOL BOARD OF TRUSTEES THAT DENIES A
19 PETITION TO ESTABLISH A CHARTER SCHOOL; AMENDING SECTION 33-5209, IDAHO
20 CODE, TO PROVIDE PROPER TERMINOLOGY; AND AMENDING SECTION 33-5210, IDAHO
21 CODE, TO PROVIDE PROPER TERMINOLOGY AND TO PROVIDE CORRECT CODE REFER-
22 ENCES.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Section 33-5203, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
27 schools is hereby authorized. Charter schools shall be part of the state's
28 program of public education.
29 (2) It is the intent of the legislature that the number of charter
30 schools which may be approved in each of the first five (5) years after the
31 effective date of this act be limited in number and geographic distribution in
32 accordance with the following:
33 (a) Not more than sixty (60) schools may be approved in the first five
34 (5) years after the effective date of this act, and
35 (b) Not more than twelve (12) schools may be approved in any one (1)
36 year, and
37 (c) Not more than two (2) charters per year may be granted within an edu-
38 cational classification region as established by the state board of educa-
39 tion, and
40 (d) Not more than one (1) charter per year may be granted for any one (1)
41 by each chartering authority which is not a local board of trustees of a
42 school district, in a year, and
43 (ed) No whole school district may be converted to a charter district or
2
1 any configuration which includes all schools as charter schools.
2 The legislature further finds that, notwithstanding the limitations of this
3 subsection (2), if fewer than twelve (12) charters are approved by June 1 of a
4 year, the unused allotments shall be assigned to a statewide pool for use by
5 other requesting districts. Distributions from the pool shall be made by ran-
6 dom drawing.
7 (3) A charter school may be formed by creating a new school or converting
8 an existing public school to charter status. No charter shall be granted under
9 this chapter which authorizes the conversion of any private or parochial
10 school to a charter school. No charter shall be granted to or operated by a
11 for-profit entity.
12 SECTION 2. That Section 33-5204, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter
15 school shall be organized and managed under the Idaho nonprofit corporation
16 act. The board of directors of a charter school shall be deemed public agents
17 authorized by a public school district, the chartering entity which is not a
18 local board of trustees, or the state board of education to control the
19 charter school, but shall function independently of any school board of
20 trustees, except as provided in the charter. A charter school shall be consid-
21 ered a public school for all purposes and shall comply with the audit report-
22 ing requirements of section 33-701 6., Idaho Code, and shall annually file
23 financial and statistical reports as required in section 33-701 7., Idaho
24 Code. For the purposes of section 59-1302(15), Idaho Code, a charter school
25 created pursuant to this chapter shall be deemed a governmental entity. Pursu-
26 ant to the provisions of section 63-3622O, Idaho Code, sales to or purchases
27 by a public charter school are exempt from payment of the sales and use tax. A
28 charter school and the board of directors of a charter school are subject to
29 the provisions of chapter 23, title 67, and chapter 3, title 9, Idaho Code, in
30 the same manner that a public school and the board of school trustees are sub-
31 ject to those provisions.
32 (2) A charter school may sue or be sued, purchase, receive, hold and con-
33 vey real and personal property for school purposes, and borrow money for such
34 purposes, to the same extent and on the same conditions as a public school
35 district, and its employees, directors and officers shall enjoy the same immu-
36 nities as employees, directors and officers of public school districts and
37 other public schools. The approving authority of a charter school shall have
38 no liability for the acts, omissions, debts or other obligations of a charter
39 school, except as may be provided in an agreement or contract with such
40 charter school.
41 (3) Nothing in this chapter shall prevent the board of directors of a
42 charter school, operating as a nonprofit corporation, from borrowing money to
43 finance the purchase of school building facilities. Subject to the terms of a
44 contractual agreement between the board and a lender, nothing herein shall
45 prevent the board from using the facility as collateral for the loan.
46 (4) Charter schools shall secure insurance for liability and property
47 loss.
48 SECTION 3. That Section 33-5205, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) A charter school may
51 be authorized by an Idaho local school district board of trustees, an Idaho
3
1 community college, or a college or a university in Idaho which grants a two
2 (2) year or a four (4) year degree. Further, the state board of education
3 shall establish a procedure by which it allows other entities such as non-
4 profit corporations and private foundations to authorize a charter, and fur-
5 ther, nothing shall prohibit the state board of education from creating an
6 entity or entities but not a for-profit entity, with authority to authorize a
7 new charter school. Any entity which authorizes a charter school shall be
8 referred to as the "chartering authority."
9 (2) Any person may request the board of trustees of a school district to
10 establish a charter school, or to convert an existing school within the school
11 district to charter status, and any person may request any chartering author-
12 ity to establish a charter school. A petition to convert an existing school
13 shall be submitted to the board of trustees of the district for review after
14 the petition has been signed by not less than sixty percent (60%) of the
15 teachers currently employed by the school district at the school to be con-
16 verted, and by one (1) or more parents or guardians of not less than sixty
17 percent (60%) of the students currently attending the school to be converted.
18 A petition to establish a new charter school shall be submitted to the board
19 of trustees of the district for review after the petition has been signed by
20 not less than thirty (30) qualified electors of the district. A petition to
21 establish a new charter school shall be submitted to a chartering authority,
22 which is not a local school board of trustees, for its consideration after the
23 petition has been signed by not less than thirty (30) qualified electors of
24 the state.
25 (23) Not later than thirty (30) days after receiving a petition signed
26 in accordance with the specifications in subsection (12) of this section, the
27 board of trustees chartering authority shall hold a meeting open to the pub-
28 lic for the purpose of discussing the provisions of the charter, at which time
29 the board chartering authority shall consider the merits of the petition. and
30 the level of employee and parental support for the petition. Following review
31 of the petition and the public hearing, the board of trustees chartering
32 authority shall either grant or deny the charter within sixty (60) days of
33 receipt of the petition, provided however, that the date may be extended by an
34 additional sixty (60) days if the petition fails to meet the signature
35 requirements or fails to contain all of the information required in this sec-
36 tion, or if both parties agree to the extension.
37 (34) A board of trustees chartering authority may grant a charter for
38 operation of a school under the provisions of this chapter if it determines
39 that the petition contains the number of signatures required, a statement of
40 each of the conditions described in subsection (45) of this section, and
41 descriptions of all of the following:
42 (a) The educational program of the charter school, designed among other
43 things, to identify what it means to be an "educated person" in the
44 twenty-first century, and how learning best occurs. The goals identified
45 in the program shall include how all educational thoroughness standards as
46 defined in section 33-1612, Idaho Code, shall be fulfilled.
47 (b) The measurable student educational standards identified for use by
48 the charter school. "Student educational standards" for the purpose of
49 this chapter means the extent to which all students of the charter school
50 demonstrate they have attained the skills and knowledge specified as goals
51 in the school's educational program.
52 (c) The method by which student progress in meeting those student educa-
53 tional standards is to be measured.
54 (d) A provision by which students of the charter school will be tested
55 with the same standardized tests as other Idaho public school students.
4
1 (e) A provision which ensures that the charter school shall be state
2 accredited as provided by rule of the state board of education.
3 (f) The governance structure of the charter school including, but not
4 limited to, the person or entity who shall be legally accountable for the
5 operation of the school, and the process to be followed by the charter
6 school to ensure parental involvement.
7 (g) The qualifications to be met by individuals employed by the charter
8 school. Instructional staff shall be certified teachers, or may apply for
9 a waiver or any of the limited certification options as provided by rule
10 of the state board of education.
11 (h) The procedures that the charter school will follow to ensure the
12 health and safety of students and staff.
13 (i) Admission procedures, including provision for overenrollment. Initial
14 admission procedures for a new charter school, not a renewal, including
15 provision for overenrollment, which specifies admission will be determined
16 by lottery or other random method. If initial capacity is insufficient to
17 enroll all pupils who submit a timely application, preference shall be
18 given in the following order: first, to siblings of pupils already
19 selected by the lottery or other random method; and second, an equitable
20 selection process such as by lottery or other random method. If capacity
21 is insufficient to enroll all pupils for subsequent school terms, who sub-
22 mit a timely application, preference shall be given in the following
23 order: first, to pupils returning to the charter school in the second or
24 any subsequent year of its operation; second, to siblings of pupils
25 already enrolled in the charter school; and third, an equitable selection
26 process such as by lottery or other random method.
27 (j) The manner in which an annual audit of the financial and programmatic
28 operations of the charter school is to be conducted.
29 (k) The procedures by which students can be suspended, expelled and
30 reenrolled.
31 (l) A provision which ensures all staff members of the charter school
32 will be covered by the public employee retirement system, federal social
33 security, unemployment insurance and worker's compensation insurance.
34 (m) The public school attendance alternative for students residing within
35 the school district who choose not to attend the charter school.
36 (n) A description of the transfer rights of any employee choosing to work
37 in a charter school and the rights of such employees to return to any non-
38 charter school in the school district after employment at a charter
39 school.
40 (o) A provision which ensures that the staff of the charter school shall
41 be considered a separate unit for purposes of collective bargaining.
42 (p) The procedures to be followed by the charter school and the entity
43 granting the charter to resolve disputes relating to provisions of the
44 charter.
45 (q) The manner by which special education services will be provided to
46 students with disabilities who are eligible pursuant to the federal indi-
47 viduals with disabilities education act.
48 (r) The manner by which eligible students from the charter school shall
49 be allowed to participate in dual enrollment in noncharter schools within
50 the district as provided for in chapter 2, title 33, Idaho Code.
51 (45) The petitioner shall provide information regarding the proposed
52 operation and potential effects of the school including, but not limited to,
53 the facilities to be utilized by the school, the manner in which administra-
54 tive services of the school are to be provided and the potential civil liabil-
55 ity effects upon the school and upon the district.
5
1 SECTION 4. That Section 33-5206, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-5206. REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL.
4 (1) In addition to any other requirements imposed in this chapter, a charter
5 school shall be nonsectarian in its programs, affiliations, admission poli-
6 cies, employment practices, and all other operations, shall not charge
7 tuition, levy taxes or issue bonds, and shall not discriminate against any
8 student on any basis prohibited by the federal or state constitutions or any
9 federal, state or local law. Admission to a charter school shall not be deter-
10 mined according to the place of residence of the student, or of the student's
11 parent or guardian within the district, except that a new or conversion
12 charter school established by a local school board of trustees under the pro-
13 visions of this chapter shall adopt and maintain a policy giving admission
14 preference to students who reside within the attendance area of that school.
15 (2) No board of trustees shall require any employee of the school dis-
16 trict to be involuntarily assigned to work in a charter school.
17 (3) Certified teachers in a charter school shall be considered public
18 school teachers. Educational experience shall accrue for service in a charter
19 school and such experience shall be counted by any school district to which
20 the teacher returns after employment in a charter school.
21 (4) No board of trustees shall require any student enrolled in the school
22 district to attend a charter school.
23 (5) Upon approval of the petition by the board of trustees chartering
24 authority, the petitioner shall provide written notice of that approval,
25 including a copy of the petition, to the state board of education. For the
26 purpose of implementing the provisions of section 33-5203(2), Idaho Code, the
27 state board of education shall assign a number to each petition it receives.
28 Petitions shall be numbered based on the chronological order in which notice
29 of the approved petition is received by the state board of education.
30 (6) Each charter school shall annually submit a report to the local board
31 of trustees chartering authority which approved its charter. In the case of a
32 new charter school whose charter was granted by the state board of education
33 pursuant to section 33-5207, Idaho Code, the annual report shall be submitted
34 to the state board of education. The report shall contain the audit of the
35 fiscal and programmatic operations as required in section 33-5205(34)(j),
36 Idaho Code, a report on student progress based on the charter school's student
37 educational standards identified in section 33-5205(34)(b), Idaho Code, and a
38 copy of the charter school's accreditation report.
39 SECTION 5. That Section 33-5207, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-5207. CHARTER APPEAL PROCEDURE. (1) If a chartering entity which is
42 not a local school board of trustees denies a petition for the establishment
43 of a new charter, the petitioners may appeal such denial directly to the state
44 board of education. The state board of education shall conduct a hearing, pur-
45 suant to procedures as set by the state board, to determine if the petition
46 meets the intent of this chapter 52, title 33, Idaho Code. The board is autho-
47 rized to:
48 (a) Recommend that the petition be reconsidered by the original charter-
49 ing authority based on a decision that the petition meets the intent of
50 this chapter. If the petition is denied a second time upon reconsideration
51 by the original chartering authority, there shall be no further appeal.
52 (b) Confirm that the petition does not meet the intent of this chapter.
6
1 The state board shall provide a written report identifying insufficiencies
2 in the petition which support the denial. There shall be no further
3 appeal; however, nothing shall prevent a petitioner from bringing a new
4 petition at a later time.
5 (2) If a local school board of trustees grants a charter for the conver-
6 sion of an existing school within the school district over the objection of
7 thirty (30) or more persons or employees of the district, or denies a petition
8 for the establishment of a new charter school for any reason including, but
9 not limited to, failure by the petitioner to follow procedures or for failure
10 to provide required information, then such decisions may be appealed to the
11 state superintendent of public instruction, at the request of persons opposing
12 the conversion of an existing school, or at the request of the petitioner
13 whose request for a new charter was denied.
14 (23) The state superintendent of public instruction shall select a hear-
15 ing officer to review the action of the local board of trustees. The hearing
16 officer shall, within thirty (30) days of the request, review the charter
17 petition and convene a public hearing regarding the charter request. Within
18 ten (10) days of the public hearing, the hearing officer shall submit a writ-
19 ten recommendation to the local board of trustees and to the persons request-
20 ing the review.
21 (34) Within thirty (30) days following receipt of the hearing officer's
22 written recommendation, the local board of trustees shall hold a public hear-
23 ing. Within ten (10) days of this hearing, the local board of trustees shall
24 either affirm or reverse its initial decision. The board's decision shall be
25 in writing and contain findings which explain the reasons for its decision.
26 (45) If, upon reconsideration of a decision to approve the conversion of
27 an existing school to a charter school, the local school board:
28 (a) Affirms its initial decision to authorize such conversion, the
29 charter shall be granted and there shall be no further appeal.
30 (b) Reverses its initial decision and denies the conversion, that deci-
31 sion is final and there shall be no further appeal.
32 (56) If, upon reconsideration of a decision to deny establishment of a
33 new charter school, the local school board:
34 (a) Reverses its initial decision and approves the new charter school,
35 the charter shall be granted and there shall be no further appeal.
36 (b) Affirms its initial decision denying the new charter school, the
37 petitioners for the establishment of the new charter school may appeal to
38 the state board of education. The state board of education shall hold a
39 public hearing at its next regular meeting and shall approve the charter
40 for the establishment of a new charter school if it determines that the
41 local board of trustees failed to appropriately consider the charter
42 request, or if the local board acted in an arbitrary manner in denying the
43 request. Such hearing shall be conducted pursuant to procedures as set by
44 the state board of education.
45 (67) A charter school for which a charter is granted by the state board
46 of education shall qualify fully as a charter school for all funding and other
47 purposes of this chapter. The state board of education shall assume the role
48 of the chartering entity. Employees of a charter school authorized by the
49 state board of education shall not be considered employees of the local school
50 district nor of the state board of education.
51 (78) The finding of the state board of education shall be subject to
52 review pursuant to chapter 52, title 67, Idaho Code. Nothing in this section
53 shall prevent a petitioner from bringing a new petition at a later time.
54 (89) There shall be no appeal of a decision by a local school board of
55 trustees which denies the conversion of an existing school within that dis-
7
1 trict to a charter school, or which grants a petition for the establishment of
2 a new charter school.
3 SECTION 6. That Section 33-5209, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 33-5209. TIME LIMITS -- REVOCATION -- APPEAL. (1) A charter granted pur-
6 suant to this chapter shall be valid for a period not to exceed five (5)
7 years. A charter may be granted one (1) or more subsequent renewals by the
8 original granting chartering authority. Each renewal shall be valid for a
9 period not to exceed five (5) years. A material revision of the provisions of
10 the charter petition may be made only with the approval of the authority which
11 granted the charter.
12 (2) A charter may be revoked by the original granting chartering author-
13 ity if the authority finds that the charter school has done any of the follow-
14 ing:
15 (a) Committed a material violation of any condition, standard or proce-
16 dure set forth in the charter petition;
17 (b) Failed to substantially meet any of the student educational standards
18 identified in the charter petition;
19 (c) Failed to meet generally accepted accounting standards of fiscal man-
20 agement;
21 (d) Failed to submit required reports to the authority which authorized
22 the charter; or
23 (e) Violated any provision of law.
24 (3) A decision to revoke, not to renew, or not to approve a revision of a
25 charter may be appealed directly to the state board of education. The state
26 board shall essentially follow the procedure as provided in section 33-5207,
27 Idaho Code.
28 SECTION 7. That Section 33-5210, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-5210. APPLICATION OF SCHOOL LAW -- ACCOUNTABILITY -- EXEMPTION FROM
31 STATE RULES. (1) All public charter schools are under the general supervision
32 of the state board of education.
33 (2) The local board of trustees chartering authority and the state board
34 of education are responsible to ensure that each charter school program
35 approved by it meets the terms of the charter, complies with the general edu-
36 cation laws of the state unless specifically directed otherwise in this chap-
37 ter 52, title 33, Idaho Code, and operates in accordance with the state educa-
38 tional standards of thoroughness as defined in section 33-1612, Idaho Code.
39 (3) Each charter school is otherwise exempt from rules governing school
40 districts which have been promulgated by the state board of education or by
41 the superintendent of public instruction, with the exception of state rules
42 relating to:
43 (a) Waiver of teacher certification as necessitated by the provisions of
44 section 33-5205(34)(g), Idaho Code;
45 (b) Accreditation of the school as necessitated by the provisions of sec-
46 tion 33-5205(34)(e), Idaho Code;
47 (c) Qualifications of a student for attendance at an alternative school
48 as necessitated by the provisions of section 33-5208(3), Idaho Code; and
49 (d) The requirement that all employees of the school undergo a criminal
50 history check as required by section 33-130, Idaho Code.
STATEMENT OF PURPOSE
RS 12947C2
This legislation provides for the number of charter schools which
may be approved by a chartering authority which is not a local
board of trustees of a school district and to delete conflicting
language.
The legislation authorizes the State Board of Education to
establish a procedure by which other entities may be a chartering
authority, provides proper terminology, and provides correct code
references.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Representative Fred Tilman
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 346