Print Friendly SENATE BILL NO. 1348 – Charter school, board, election
SENATE BILL NO. 1348
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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,
Absent and excused -- Burkett
Floor Sponsor - Schroeder
Title apvd - to House
03/05 House intro - 1st rdg - to Educ
]]]] 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
2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO REQUIRE
3 A PROCESS FOR AN OPEN ELECTION OF THE BOARD OF DIRECTORS OF A CHARTER
4 SCHOOL AND TO PROHIBIT COMPENSATION.
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
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
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
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
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
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
Name: Senator Gary Schroeder
STATEMENT OF PURPOSE/FISCAL NOTE S 1348