2004 Legislation
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SENATE BILL NO. 1346 – Charter school, attendance area

SENATE BILL NO. 1346

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Bill Status



S1346aa........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide criteria governing the
attendance area of a charter school.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ
03/05    Rpt out - to 14th Ord
03/11    Rpt out amen - to engros
03/12    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 26-4-5
      AYES -- Andreason, Bailey, Bunderson, Calabretta, Cameron, Compton,
      Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kennedy, Keough,
      Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Werk
      NAYS -- Brandt, Pearce, Sweet, Williams
      Absent and excused -- Burkett, Burtenshaw, Ingram, Noble, Noh
    Floor Sponsor - Schroeder
    Title apvd - to House
03/17    House intro - 1st rdg - to Educ
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 53-12-5
      AYES -- Andersen, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,
      Cannon, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,
      Edmunson, Ellsworth, Field(18), Field(23), Gagner, Henbest, Jaquet,
      Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd,
      Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Mr.
      Speaker
      NAYS -- Barraclough, Barrett, Bayer, Bedke, Eskridge, Garrett,
      Kulczyk, Nielsen, Roberts, Sali, Schaefer, Wood
      Absent and excused -- Bauer, Clark, Harwood, Smith(24), Trail
    Floor Sponsor - Naccarato
    Title apvd - to Senate
03/20    To enrol - Rpt enrol - Pres signed
03/22    Sp signed - To Governor
03/23    Governor signed
         Session Law Chapter 220
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1346
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5206, IDAHO CODE, TO  PROVIDE
  3        CRITERIA GOVERNING THE ATTENDANCE AREA OF A CHARTER SCHOOL.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 33-5206, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        33-5206.  REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL.
  8    (1) In addition to any other requirements imposed in this chapter,  a  charter
  9    school  shall  be  nonsectarian in its programs, affiliations, admission poli-
 10    cies, employment  practices,  and  all  other  operations,  shall  not  charge
 11    tuition,  levy  taxes  or  issue bonds, and shall not discriminate against any
 12    student on any basis prohibited by the federal or state constitutions  or  any
 13    federal, state or local law. Admission to a charter school shall not be deter-
 14    mined  according to the place of residence of the student, or of the student's
 15    parent or guardian within the  district,  except  that  a  new  or  conversion
 16    charter  school  established  under the provisions of this chapter shall adopt
 17    and maintain a policy giving  admission  preference  to  students  who  reside
 18    within  the  attendance  area of that school. The attendance area of a charter
 19    school, as described in the petition, shall be composed of compact and contig-
 20    uous areas.
 21        (2)  No board of trustees shall require any employee of  the  school  dis-
 22    trict to be involuntarily assigned to work in a charter school.
 23        (3)  Certified  teachers  in  a  charter school shall be considered public
 24    school teachers. Educational experience shall accrue for service in a  charter
 25    school  and  such  experience shall be counted by any school district to which
 26    the teacher returns after employment in a charter school.
 27        (4)  No board of trustees shall require any student enrolled in the school
 28    district to attend a charter school.
 29        (5)  Upon approval of the petition by the board  of  trustees,  the  peti-
 30    tioner  shall provide written notice of that approval, including a copy of the
 31    petition, to the state board of education. For the purpose of implementing the
 32    provisions of section 33-5203(2), Idaho Code, the  state  board  of  education
 33    shall  assign  a  number to each petition it receives. Petitions shall be num-
 34    bered based on the chronological order in which notice of the  approved  peti-
 35    tion is received by the state board of education.
 36        (6)  Each charter school shall annually submit a report to the local board
 37    of  trustees  which  approved its charter. In the case of a new charter school
 38    whose charter was granted by the state board of education pursuant to  section
 39    33-5207,  Idaho  Code, the annual report shall be submitted to the state board
 40    of  education.  The  report  shall  contain  the  audit  of  the  fiscal   and
 41    programmatic  operations  as  required in section 33-5205(3)(j), Idaho Code, a
 42    report on student progress based on the charter school's  student  educational
 43    standards  identified  in section 33-5205(3)(b), Idaho Code, and a copy of the
                                                                        
                                           2
                                                                        
  1    charter school's accreditation report.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Werk                
                                                                        
                                                     Seconded by Schroeder           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1346
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 20,  delete "areas."   and  insert:
  3    "area. For the purposes of this section, if services are available to students
  4    throughout  the state, the state of Idaho is considered a compact and contigu-
  5    ous area.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1346, As Amended
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5206, IDAHO CODE, TO  PROVIDE
  3        CRITERIA GOVERNING THE ATTENDANCE AREA OF A CHARTER SCHOOL.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 33-5206, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        33-5206.  REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL.
  8    (1) In addition to any other requirements imposed in this chapter,  a  charter
  9    school  shall  be  nonsectarian in its programs, affiliations, admission poli-
 10    cies, employment  practices,  and  all  other  operations,  shall  not  charge
 11    tuition,  levy  taxes  or  issue bonds, and shall not discriminate against any
 12    student on any basis prohibited by the federal or state constitutions  or  any
 13    federal, state or local law. Admission to a charter school shall not be deter-
 14    mined  according to the place of residence of the student, or of the student's
 15    parent or guardian within the  district,  except  that  a  new  or  conversion
 16    charter  school  established  under the provisions of this chapter shall adopt
 17    and maintain a policy giving  admission  preference  to  students  who  reside
 18    within  the  attendance  area of that school. The attendance area of a charter
 19    school, as described in the petition, shall be composed of compact and contig-
 20    uous area. For the purposes of this section, if services are available to stu-
 21    dents throughout the state, the state of Idaho is  considered  a  compact  and
 22    contiguous area.
 23        (2)  No  board  of  trustees shall require any employee of the school dis-
 24    trict to be involuntarily assigned to work in a charter school.
 25        (3)  Certified teachers in a charter school  shall  be  considered  public
 26    school  teachers. Educational experience shall accrue for service in a charter
 27    school and such experience shall be counted by any school  district  to  which
 28    the teacher returns after employment in a charter school.
 29        (4)  No board of trustees shall require any student enrolled in the school
 30    district to attend a charter school.
 31        (5)  Upon  approval  of  the  petition by the board of trustees, the peti-
 32    tioner shall provide written notice of that approval, including a copy of  the
 33    petition, to the state board of education. For the purpose of implementing the
 34    provisions  of  section  33-5203(2),  Idaho Code, the state board of education
 35    shall assign a number to each petition it receives. Petitions  shall  be  num-
 36    bered  based  on the chronological order in which notice of the approved peti-
 37    tion is received by the state board of education.
 38        (6)  Each charter school shall annually submit a report to the local board
 39    of trustees which approved its charter. In the case of a  new  charter  school
 40    whose  charter was granted by the state board of education pursuant to section
 41    33-5207, Idaho Code, the annual report shall be submitted to the  state  board
 42    of   education.  The  report  shall  contain  the  audit  of  the  fiscal  and
 43    programmatic operations as required in section 33-5205(3)(j),  Idaho  Code,  a
                                                                        
                                           2
                                                                        
  1    report  on  student progress based on the charter school's student educational
  2    standards identified in section 33-5205(3)(b), Idaho Code, and a copy  of  the
  3    charter school's accreditation report.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14067


An act relating to Charter Schools; Amending Section 33-5206,
Idaho Code, to provide criteria governing the attendance area of
a charter school.


                          FISCAL IMPACT
None


Contact
Name: Senator Gary Schroeder 
Phone: 332-1324




STATEMENT OF PURPOSE/FISCAL NOTE                     S 1346