2004 Legislation
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SENATE BILL NO. 1348 – Charter school, board, election


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Bill Status

S1348..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to require a process for open
election of the board of directors of a charter school; and to prohibit
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 26-8-1
      AYES -- Andreason, Bailey, Calabretta, Compton(Duncan), Darrington,
      Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noh, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Werk, Williams
      NAYS -- Brandt, Bunderson, Burtenshaw, Cameron, Keough, Noble,
      Pearce, Sweet
      Absent and excused -- Burkett
    Floor Sponsor - Schroeder
    Title apvd - to House
03/05    House intro - 1st rdg - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1348
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-5205, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        33-5205.  PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
  9    the  board  of trustees of a school district to establish a charter school, or
 10    to convert an existing school within the school district to charter status.  A
 11    petition  to  convert  an  existing  school shall be submitted to the board of
 12    trustees of the district for review after the petition has been signed by  not
 13    less than sixty percent (60%) of the teachers currently employed by the school
 14    district  at  the  school  to  be converted, and by one (1) or more parents or
 15    guardians of not less than sixty  percent  (60%)  of  the  students  currently
 16    attending  the  school  to be converted. A petition to establish a new charter
 17    school shall be submitted to the board of trustees of the district for  review
 18    after  the  petition  has  been  signed by not less than thirty (30) qualified
 19    electors of the district.
 20        (2)  Not later than thirty (30) days after receiving a petition signed  in
 21    accordance  with  the  specifications  in  subsection (1) of this section, the
 22    board of trustees shall hold a meeting open to the public for the  purpose  of
 23    discussing  the  provisions of the charter, at which time the board shall con-
 24    sider the merits of the petition and the level of employee and  parental  sup-
 25    port  for  the petition. Following review of the petition and the public hear-
 26    ing, the board of trustees shall either grant or deny the charter within sixty
 27    (60) days of receipt of the petition, provided however, that the date  may  be
 28    extended  by  an  additional sixty (60) days if the petition fails to meet the
 29    signature requirements or fails to contain all of the information required  in
 30    this section, or if both parties agree to the extension.
 31        (3)  A  board  of  trustees  may grant a charter for operation of a school
 32    under the provisions of this chapter if it determines that the  petition  con-
 33    tains the number of signatures required, a statement of each of the conditions
 34    described  in  subsection  (4) of this section, and descriptions of all of the
 35    following:
 36        (a)  The educational program of the charter school, designed  among  other
 37        things,  to  identify  what  it  means  to  be an "educated person" in the
 38        twenty-first century, and how learning best occurs. The  goals  identified
 39        in the program shall include how all educational thoroughness standards as
 40        defined in section 33-1612, Idaho Code, shall be fulfilled.
 41        (b)  The  measurable  student  educational standards identified for use by
 42        the charter school. "Student educational standards"  for  the  purpose  of
 43        this  chapter means the extent to which all students of the charter school
  1        demonstrate they have attained the skills and knowledge specified as goals
  2        in the school's educational program.
  3        (c)  The method by which student progress in meeting those student  educa-
  4        tional standards is to be measured.
  5        (d)  A  provision  by  which students of the charter school will be tested
  6        with the same standardized tests as other Idaho public school students.
  7        (e)  A provision which ensures that the  charter  school  shall  be  state
  8        accredited  as provided by rule of the state board of education.
  9        (f)  The  governance  structure  of  the charter school including, but not
 10        limited to, the person or entity who shall be legally accountable for  the
 11        operation  of the school, the process to be used for holding an open elec-
 12        tion of the board of directors following the second year of operation, and
 13        the process to be followed  by  the  charter  school  to  ensure  parental
 14        involvement.  No member of the board of directors shall be compensated for
 15        service on the board.
 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. If initial capacity is insufficient to
 26        enroll all pupils who submit a timely  application,  preference  shall  be
 27        given  in  the  following  order:  first,  to  siblings  of pupils already
 28        selected by the lottery or other random method; and second,  an  equitable
 29        selection  process  such as by lottery or other random method. If capacity
 30        is insufficient to enroll all pupils for subsequent school terms, who sub-
 31        mit a timely application, preference  shall  be  given  in  the  following
 32        order:  first,  to pupils returning to the charter school in the second or
 33        any subsequent year of  its  operation;  second,  to  siblings  of  pupils
 34        already  enrolled in the charter school; and third, an equitable selection
 35        process such as by lottery or other random method.
 36        (j)  The manner in which an annual audit of the financial and programmatic
 37        operations of the charter school is to be conducted.
 38        (k)  The procedures by which  students  can  be  suspended,  expelled  and
 39        reenrolled.
 40        (l)  A  provision  which  ensures  all staff members of the charter school
 41        will be covered by the public employee retirement system,  federal  social
 42        security, unemployment insurance and worker's compensation insurance.
 43        (m)  The public school attendance alternative for students residing within
 44        the school district who choose not to attend the charter school.
 45        (n)  A description of the transfer rights of any employee choosing to work
 46        in a charter school and the rights of such employees to return to any non-
 47        charter  school  in  the  school  district  after  employment at a charter
 48        school.
 49        (o)  A provision which ensures that the staff of the charter school  shall
 50        be considered a separate unit for purposes of collective bargaining.
 51        (p)  The  procedures  to  be followed by the charter school and the entity
 52        granting the charter to resolve disputes relating  to  provisions  of  the
 53        charter.
 54        (q)  The  manner  by  which special education services will be provided to
 55        students with disabilities who are eligible pursuant to the federal  indi-
  1        viduals with disabilities education act.
  2        (r)  The  manner  by which eligible students from the charter school shall
  3        be allowed to participate in dual enrollment in noncharter schools  within
  4        the district as provided for in chapter 2, title 33, Idaho Code.
  5        (4)  The petitioner shall provide information regarding the proposed oper-
  6    ation  and  potential effects of the school including, but not limited to, the
  7    facilities to be utilized by the school, the manner  in  which  administrative
  8    services  of  the  school are to be provided and the potential civil liability
  9    effects upon the school and upon the district.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 14068

An act relating to charter schools; amending Section 33-5205,
Idaho Code, to require a process for an open election of the
Board of Directors of a charter school and to prohibit

                          FISCAL IMPACT

Name: Senator Gary Schroeder 
Phone: 332-1324

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1348