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S1352..........................................................by EDUCATION CHARTER SCHOOLS - Amends existing law relating to the charter school appeal procedure to clarify timing regarding the selection of a hearing officer by the Superintendent of Public Instruction and the timing of the hearing officer's duties; to delete a criterion used by the State Board of Education to evaluate the actions of a local school board in denying the petition for a new charter school; to provide that the State Board of Education may remand the denial of a petition for a new charter school to the local board of trustees for reconsideration; to provide for a public hearing and decisions of the local board on remand; to provide for direct appeal to the State Board of Education; and to provide for a written decision of the State Board of Education to approve or deny the petition. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Educ 03/05 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/09 Ret'd to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1352 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE PUBLIC CHARTER SCHOOL APPEAL PROCEDURE; AMENDING SECTION 3 33-5207, IDAHO CODE, TO CLARIFY TIMING REGARDING THE SELECTION OF A HEAR- 4 ING OFFICER BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE TIMING OF 5 THE HEARING OFFICER'S DUTIES, TO DELETE A CRITERION USED BY THE STATE 6 BOARD OF EDUCATION TO EVALUATE THE ACTIONS OF A LOCAL SCHOOL BOARD IN 7 DENYING THE PETITION FOR A NEW CHARTER SCHOOL, TO PROVIDE THAT THE STATE 8 BOARD OF EDUCATION MAY REMAND THE DENIAL OF A PETITION FOR A NEW CHARTER 9 SCHOOL TO THE LOCAL BOARD OF TRUSTEES FOR RECONSIDERATION, TO PROVIDE A 10 PUBLIC HEARING AND DECISIONS OF THE LOCAL BOARD ON REMAND, TO PROVIDE FOR 11 DIRECT APPEAL TO THE STATE BOARD OF EDUCATION AND TO PROVIDE FOR A WRITTEN 12 DECISION OF THE STATE BOARD OF EDUCATION TO APPROVE OR DENY THE PETITION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 33-5207, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-5207. CHARTER APPEAL PROCEDURE. (1) If a local school board of 17 trustees grants a charter for the conversion of an existing school within the 18 school district over the objection of thirty (30) or more persons or employees 19 of the district, or denies a petition for the establishment of a new charter 20 school for any reason including, but not limited to, failure by the petitioner 21 to follow procedures or for failure to provide required information, then such 22 decisions may be appealed to the state superintendent of public instruction, 23 at the request of persons opposing the conversion of an existing school, or at 24 the request of the petitioner whose request for a new charter was denied. 25 (2) The state superintendent of public instruction shall select a hearing 26 officer within thirty (30) days to review the action of the local board of 27 trustees. The hearing officer shall, within thirty (30) days ofthe request28 having been appointed, review the charter petition and convene a public hear- 29 ing regarding the charter request. Within ten (10) days of the public hearing, 30 the hearing officer shall submit a written recommendation to the local board 31 of trustees and to the persons requesting the review. 32 (3) Within thirty (30) days following receipt of the hearing officer's 33 written recommendation, the local board of trustees shall hold a public hear- 34 ing. Within ten (10) days of this hearing, the local board of trustees shall 35 either affirm or reverse its initial decision. The board's decision shall be 36 in writing and contain findings which explain the reasons for its decision. 37 (4) If, upon reconsideration of a decision to approve the conversion of 38 an existing school to a charter school, the local school board: 39 (a) Affirms its initial decision to authorize such conversion, the 40 charter shall be granted and there shall be no further appeal. 41 (b) Reverses its initial decision and denies the conversion, that deci- 42 sion is final and there shall be no further appeal. 43 (5) If, upon reconsideration of a decision to deny establishment of a new 2 1 charter school, the local school board: 2 (a) Reverses its initial decision and approves the new charter school, 3 the charter shall be granted and there shall be no further appeal. 4 (b) Affirms its initial decision denying the new charter school, the 5 petitioners for the establishment of the new charter school may appeal to 6 the state board of education. The state board of education shall hold a 7 public hearing at its next regular meeting andshallmay approve the 8 charter for the establishment of a new charter school if it determines 9 that thelocal board of trustees failed to appropriately consider the10charter request, or ifdenial by the local boardacted in an arbitrary11manner in denying the requestof trustees was arbitrary, or may remand the 12 matter to the local board of trustees for reconsideration. Such hearing 13 shall be conducted pursuant to procedures as set by the state board of 14 education. 15 (6) Within thirty (30) days following receipt of the remand from the 16 state board of education, the local board of trustees shall hold a public 17 hearing. Within ten (10) days of this hearing, the local board of trustees 18 shall either affirm or reverse its initial decision to deny the new charter 19 school. The board's decision shall be in writing and contain findings which 20 explain the reasons for its decision. 21 (7) If the local board of trustees: 22 (a) Reverses its initial decision and approves the new charter school, 23 the charter shall be granted and there shall be no further appeal. 24 (b) Affirms its initial decision denying the new charter school, the 25 petitioners for the establishment of the new charter school may appeal 26 directly to the state board of education. At its next regular meeting, the 27 state board of education shall approve or deny the petition according to 28 the criterion specified in subsection (5) of this section, and shall issue 29 a written decision containing findings upon which the decision is based. 30 (8) A charter school for which a charter is granted by the state board of 31 education shall qualify fully as a charter school for all funding and other 32 purposes of this chapter. The state board of education shall assume the role 33 of the chartering entity. Employees of a charter school authorized by the 34 state board of education shall not be considered employees of the local school 35 district nor of the state board of education. 36 (79) The finding of the state board of education shall be subject to 37 review pursuant to chapter 52, title 67, Idaho Code. Nothing in this section 38 shall prevent a petitioner from bringing a new petition at a later time. 39 (810) There shall be no appeal of a decision by a local school board of 40 trustees which denies the conversion of an existing school within that dis- 41 trict to a charter school, or which grants a petition for the establishment of 42 a new charter school.
STATEMENT OF PURPOSE RS 14093 This proposal amends Idaho Code 33-5207 regarding an appeal to the State Board of Education by petitioners of a charter school, after the charter proposal has been rejected by a local school board. Currently, this section requires a hearing officer to hold an appeal hearing within thirty (30) days of the filing of an appeal from a school district's denial of a charter school petition. This implies that the Superintendent must locate and appoint a hearing officer within that 30 days. In applying this statute, it is not practical or reasonable to expect the Superintendent to find a trained hearing officer who is available to meet and hold a hearing at all the same times that the school district and charter school petitioners are available, and organize and hold a public hearing within 30 days. This section is being amended to provide the Superintendent thirty (30) days to find a trained, available hearing officer to hear the charter school appeal. The hearing officer would then have thirty (30) days to hold the public hearing on the charter school appeal. The proposed amendments also grant the state board of education the ability to remand an appeal back to the school district. Under current law, the state board of education has no discretion in charter school appeals, and is required to grant a charter unless one of two criteria are met. The requirement to approve a charter absent those criteria creates undesirable consequences to all parties. For example, the state board of education would be required to approve a charter school petition that has never been reviewed on its merits by a school district simply because a procedural error by the school district was deemed improper or arbitrary. This amendment would afford the state board of education the discretion to identify any errors committed by the parties to a charter school appeal, and direct them to reconsider the petition after correcting the errors. The proposed amendments also govern the timeline and process for a school district to reconsider a charter school petition if it is remanded to the district by the state board of education, and any further review by the state board of education. FISCAL IMPACT There is no fiscal impact on the state general fund. Contact Name: Bob West, Idaho State Department of Education Phone: 332-6810 Name: Don Robertson, Idaho State Department of Education Phone: 332-6812 S 1352