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S1169.........................................................by STATE AFFAIRS
CHARTER SCHOOLS - Amends existing law to require membership of a school board
trustee on the governing board of a charter school; to provide that a charter
school shall be subject to school district election laws, with exceptions; to
provide a method for selection of enrollment; to authorize the board of
trustees of the school district to place on probation a charter school; and to
specify conditions to govern a revoked or placed on probation school.
03/19 Senate intro - 1st rdg - to printing
03/20 Rpt prt - to Educ
03/26 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 17-16-2
AYES -- Andreason, Burkett, Compton, Darrington, Davis, Gannon, Goedde,
Ingram, Kennedy, Malepeai, Marley, McWilliams, Noh, Schroeder, Stegner,
Stennett, Werk
NAYS -- Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Geddes, Hill,
Keough, Little, Lodge, McKenzie, Noble, Pearce, Richardson, Sorensen,
Sweet
Absent and excused -- Calabretta, Williams
Floor Sponsor - Goedde
Title apvd - to House
03/31 House intro - 1st rdg - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1169
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5204, IDAHO CODE, TO
3 SPECIFY PROVISIONS FOR GOVERNANCE, TO REQUIRE CERTAIN MEMBERSHIP OF THE
4 GOVERNING BOARD OF A CHARTER SCHOOL AND TO PROVIDE THAT A CHARTER SCHOOL
5 SHALL BE SUBJECT TO SCHOOL DISTRICT ELECTION LAWS WITH EXCEPTIONS; AMEND-
6 ING SECTION 33-5205, IDAHO CODE, TO FURTHER GOVERN THE BYLAWS, ARTICLES OF
7 INCORPORATION AND GOVERNANCE STRUCTURE OF A CHARTER SCHOOL AND TO PROVIDE
8 A METHOD FOR SELECTION OF ENROLLMENT; AMENDING SECTION 33-5209, IDAHO
9 CODE, TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT TO PLACE
10 ON PROBATION A CHARTER SCHOOL AND SPECIFY CONDITIONS TO GOVERN A REVOKED
11 OR PLACED ON PROBATION CHARTER SCHOOL; TO PROVIDE PROSPECTIVE APPLICATION
12 AND DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter
17 school shall be organized and managed under the Idaho nonprofit corporation
18 act provided that its governance shall be as provided by the charter and this
19 chapter. The board of directors of a charter school shall be deemed public
20 agents authorized by a public school district or the state board of education
21 to control the charter school, but shall function independently of any school
22 board of trustees, except as provided in the charter and except that a member
23 of the board of trustees or board designee shall be a nonvoting member of the
24 governing board of the charter school. A charter school shall be considered a
25 public school for all purposes and shall comply with the audit reporting
26 requirements of section 33-701 6., Idaho Code, and shall annually file finan-
27 cial and statistical reports as required in section 33-701 7., Idaho Code. For
28 the purposes of section 59-1302(15), Idaho Code, a charter school created pur-
29 suant to this chapter shall be deemed a governmental entity. Pursuant to the
30 provisions of section 63-3622O, Idaho Code, sales to or purchases by a public
31 charter school are exempt from payment of the sales and use tax. A charter
32 school and the board of directors of a charter school are subject to the pro-
33 visions of chapter 23, title 67, and chapter 3, title 9, Idaho Code, in the
34 same manner that a public school and the board of school trustees are subject
35 to those provisions. A charter school shall hold elections for its board of
36 directors and governance in compliance with the school district election laws
37 contained in chapter 4, title 33, Idaho Code. All Idaho electors who have
38 children attending the charter school or who are founding charter members,
39 board members or full-time employees of the charter school may vote in the
40 charter school election and shall receive notice of elections as notice is
41 provided for other school district elections.
42 (2) A charter school may sue or be sued, purchase, receive, hold and con-
43 vey real and personal property for school purposes, and borrow money for such
2
1 purposes, to the same extent and on the same conditions as a public school
2 district, and its employees, directors and officers shall enjoy the same immu-
3 nities as employees, directors and officers of public school districts and
4 other public schools. The approving authority of a charter school shall have
5 no liability for the acts, omissions, debts or other obligations of a charter
6 school, except as may be provided in an agreement or contract with such
7 charter school.
8 (3) Nothing in this chapter shall prevent the board of directors of a
9 charter school, operating as a nonprofit corporation, from borrowing money to
10 finance the purchase of school building facilities. Subject to the terms of a
11 contractual agreement between the board and a lender, nothing herein shall
12 prevent the board from using the facility as collateral for the loan.
13 (4) Charter schools shall secure insurance for liability and property
14 loss.
15 SECTION 2. That Section 33-5205, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
18 the board of trustees of a school district to establish a charter school, or
19 to convert an existing school within the school district to charter status. A
20 petition to convert an existing school shall be submitted to the board of
21 trustees of the district for review after the petition has been signed by not
22 less than sixty percent (60%) of the teachers currently employed by the school
23 district at the school to be converted, and by one (1) or more parents or
24 guardians of not less than sixty percent (60%) of the students currently
25 attending the school to be converted. A petition to establish a new charter
26 school shall be submitted to the board of trustees of the district for review
27 after the petition has been signed by not less than thirty (30) qualified
28 electors of the district.
29 (2) Not later than thirty (30) days after receiving a petition signed in
30 accordance with the specifications in subsection (1) of this section, the
31 board of trustees shall hold a meeting open to the public for the purpose of
32 discussing the provisions of the charter, any bylaws or articles of incorpora-
33 tion which will be adopted pursuant to the charter, at which time the board
34 shall consider the merits of the petition and the level of employee and paren-
35 tal support for the petition. Following review of the petition and the public
36 hearing, the board of trustees shall either grant or deny the charter and any
37 bylaws or articles of incorporation which will be adopted pursuant to the
38 charter within sixty (60) days of receipt of the petition, provided however,
39 that the date may be extended by an additional sixty (60) days if the petition
40 fails to meet the signature requirements or fails to contain all of the infor-
41 mation required in this section, or if both parties agree to the extension.
42 (3) A board of trustees may grant a charter for operation of a school
43 under the provisions of this chapter if it determines that the petition con-
44 tains the number of signatures required, a statement of each of the conditions
45 described in subsection (4) of this section, and descriptions of all of the
46 following:
47 (a) The educational program of the charter school, designed among other
48 things, to identify what it means to be an "educated person" in the
49 twenty-first century, and how learning best occurs. The goals identified
50 in the program shall include how all educational thoroughness standards as
51 defined in section 33-1612, Idaho Code, shall be fulfilled.
52 (b) The measurable student educational standards identified for use by
53 the charter school. "Student educational standards" for the purpose of
3
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. The governance structure shall in
14 all respects comply with school district election laws contained in chap-
15 ter 4, title 33, Idaho Code.
16 (g) The qualifications to be met by individuals employed by the charter
17 school. Instructional staff shall be certified teachers, or may apply for
18 a waiver or any of the limited certification options as provided by rule
19 of the state board of education.
20 (h) The procedures that the charter school will follow to ensure the
21 health and safety of students and staff.
22 (i) Admission procedures, including provision for overenrollment. Initial
23 admission procedures for a new charter school, not a renewal, including
24 provision for overenrollment, which specifies admission will be determined
25 by lottery. or other random method For purposes of this section, the
26 entire lottery process shall be conducted by a party chosen mutually by
27 the board of trustees of the school district and the charter school. If
28 initial capacity is insufficient to enroll all pupils who submit a timely
29 application, preference shall be given in the following order: first, to
30 siblings of pupils already selected by the lottery or other random method
31 as provided in this subsection; and second, an equitable selection process
32 such as by lottery or other random method as provided in this subsection.
33 If capacity is insufficient to enroll all pupils for subsequent school
34 terms, who submit a timely application, preference shall be given in the
35 following order: first, to pupils returning to the charter school in the
36 second or any subsequent year of its operation; second, to siblings of
37 pupils already enrolled in the charter school; and third, an equitable
38 selection process such as by lottery or other random method as provided in
39 this subsection.
40 (j) The manner in which an annual audit of the financial and programmatic
41 operations of the charter school is to be conducted.
42 (k) The procedures by which students can be suspended, expelled and
43 reenrolled.
44 (l) A provision which ensures all staff members of the charter school
45 will be covered by the public employee retirement system, federal social
46 security, unemployment insurance and worker's compensation insurance.
47 (m) The public school attendance alternative for students residing within
48 the school district who choose not to attend the charter school.
49 (n) A description of the transfer rights of any employee choosing to work
50 in a charter school and the rights of such employees to return to any non-
51 charter school in the school district after employment at a charter
52 school.
53 (o) A provision which ensures that the staff of the charter school shall
54 be considered a separate unit for purposes of collective bargaining.
55 (p) The procedures to be followed by the charter school and the entity
4
1 granting the charter to resolve disputes relating to provisions of the
2 charter, bylaws or articles of incorporation adopted pursuant to the
3 charter.
4 (q) The manner by which special education services will be provided to
5 students with disabilities who are eligible pursuant to the federal indi-
6 viduals with disabilities education act.
7 (r) The manner by which eligible students from the charter school shall
8 be allowed to participate in dual enrollment in noncharter schools within
9 the district as provided for in chapter 2, title 33, Idaho Code.
10 (4) The petitioner shall provide information regarding the proposed oper-
11 ation and potential effects of the school including, but not limited to, the
12 facilities to be utilized by the school, the manner in which administrative
13 services of the school are to be provided and the potential civil liability
14 effects upon the school and upon the district.
15 SECTION 3. That Section 33-5209, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 33-5209. TIME LIMITS -- REVOCATION -- APPEAL. (1) A charter granted pur-
18 suant to this chapter shall be valid for a period not to exceed five (5)
19 years. A charter may be granted one (1) or more subsequent renewals by the
20 original granting authority. Each renewal shall be valid for a period not to
21 exceed five (5) years. A material revision of the provisions of the charter
22 petition or bylaws or articles of incorporation adopted pursuant to the
23 charter may be made only with the approval of the authority which granted the
24 charter.
25 (2) A charter may be placed on probation or be revoked by the original
26 granting authority if the authority finds that the charter school has done any
27 of the following:
28 (a) Committed a material violation of any condition, standard or proce-
29 dure set forth in the charter petition or any bylaws or articles of incor-
30 poration adopted pursuant to the charter petition;
31 (b) Failed to substantially meet any of the student educational standards
32 identified in the charter petition or any bylaws or articles of incorpora-
33 tion adopted pursuant to the charter petition;
34 (c) Failed to meet generally accepted accounting standards of fiscal man-
35 agement;
36 (d) Failed to comply with the election laws contained in chapter 4, title
37 33, Idaho Code;
38 (e) Failed to submit required reports to the authority which authorized
39 the charter; or
40 (ef) Violated any provision of law.
41 (3) If the board of trustees of a school district places a charter on
42 probation, the board of trustees shall notify the charter school of its rea-
43 sons therefor, what the charter school must do to remedy the problems or
44 defects within one hundred twenty (120) days prior to initiating the revoca-
45 tion process, and the timelines in which the problems or defects must be reme-
46 died.
47 (4) A decision to revoke, not to renew, or not to approve a revision of a
48 charter may be appealed directly to the state board of education. The state
49 board shall essentially follow the procedure as provided in section 33-5207,
50 Idaho Code.
51 SECTION 4. The provisions of this act shall apply to all contracts
52 entered into after the effective date of this act and shall apply to any
5
1 renewal for an extension of an existing contract.
2 SECTION 5. An emergency existing therefor, which emergency is hereby
3 declared to exist, this act shall be in full force and effect on and after its
4 passage and approval.
STATEMENT OF PURPOSE
RS 13127C4
This proposal sets out requirements for a charter school board of
directors to include a school district board member, and further
requires that elections be held for charter school board of
director membership conducted like a school board district
trustee election. Provides that the charter incorporate the
school's bylaws, articles of incorporation and governance
structure. Clarifies requirements for charter school students
enrolled to be selected by a lottery conducted by a neutral third
party, and that the charter may be suspended or placed on
probation rather than revoked if the school is found to
misrepresent the charter, bylaws, articles of incorporation or
fails to follow election laws set out in Idaho Code.
FISCAL IMPACT
No fiscal impact to the state general fund.
Contact
Name: Bob Henry, Nampa School District
Phone: 465-2700
STATEMENT OF PURPOSE/FISCAL NOTE S 1169