View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1325..........................................................by EDUCATION CHARTER SCHOOLS - Amends existing law to provide that a charter of a charter school is valid unless revoked for cause, as specified in present law; and to provide that the charter school and the granting authority shall negotiate terms of a probation. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1325 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CHARTER SCHOOL CHARTERS; AMENDING SECTION 33-5209, IDAHO CODE, TO 3 PROVIDE THAT A CHARTER IS VALID UNLESS REVOKED FOR CAUSE AND TO PROVIDE A 4 PERIOD OF PROBATION AND REMEDIATION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-5209, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5209. TIME LIMITS -- REVOCATION -- APPEAL. (1) A charter granted pur- 9 suant to this chapter shall be validfor a period not to exceed five (5)10years. A charter may be granted one (1) or more subsequent renewals by the11original granting authority. Each renewal shall be valid for a period not to12exceed five (5) yearsunless revoked for cause. A material revision of the 13 provisions of the charter petition may be made only with the approval of the 14 authority which granted the charter. 15 (2) A charter may be revoked by the original granting authority if the 16 authority finds that the charter school has done any of the following: 17 (a) Committed a material violation of any condition, standard or proce- 18 dure set forth in the charter petition; 19 (b) Failed to substantially meet any of the student educational standards 20 identified in the charter petition; 21 (c) Failed to meet generally accepted accounting standards of fiscal man- 22 agement; 23 (d) Failed to submit required reports to the authority which authorized 24 the charter; or 25 (e) Violated any provision of law. 26 Upon a finding for revocation on the basis of these conditions, the charter 27 school shall be notified and placed on probation. A probationary period and 28 plan of remediation shall be negotiated by the granting authority and the 29 charter school. At the conclusion of a probation, the granting authority shall 30 review the charter school and lift the probation or revoke the charter. 31 (3) A decision to revoke, not to renewthe terms of a probationary 32 period, or not to approve a revision of a charter may be appealed directly to 33 the state board of education. The state board shall essentially follow the 34 procedure as provided in section 33-5207, Idaho Code.
STATEMENT OF PURPOSE RS 13907 Current law states that a charter granted to a charter school is valid for a period not to exceed five years. This limitation has led to difficulties for public charter schools in obtaining long term financing for facilities construction. This provision is altered to allow, the local chartering authority to revoke a charter for cause without requiring five year renewals of the initial charter. In addition, this legislation adds a negotiated probationary period to allow a public charter school to address areas of concern identified by the chartering authority. This added flexibility can be used by the chartering authority to ensure compliance with charter provisions without resorting to revocation. FISCAL IMPACT No impact to the general fund. Contact: Name: Sen. Elliot Werk Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1325