2004 Legislation
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SENATE BILL NO. 1325 – Charter school, probation

SENATE BILL NO. 1325

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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 valid for a  period  not  to  exceed  five  (5)
 10    years.  A  charter  may  be granted one (1) or more subsequent renewals by the
 11    original granting authority. Each renewal shall be valid for a period  not  to
 12    exceed  five  (5)  years  unless 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  renew  the 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 / Fiscal Impact


                       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