2004 Legislation
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SENATE BILL NO. 1355 – Charter schools, vacancies, notice

SENATE BILL NO. 1355

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Bill Status



S1355..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law relating to charter schools to
provide for a process to notify citizens of vacancies in enrollment; to
require a selection process to be conducted anew each year; and to further
govern the conduct of the selection process.
                                                                        
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. 1355
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO  PROVIDE
  3        FOR  A PROCESS TO NOTIFY CITIZENS OF VACANCIES IN ENROLLMENT, TO REQUIRE A
  4        SELECTION PROCESS TO BE CONDUCTED ANEW EACH YEAR, AND  TO  FURTHER  GOVERN
  5        THE  CONDUCT OF THE SELECTION PROCESS; AND AMENDING SECTION 33-5206, IDAHO
  6        CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 33-5205, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        33-5205.  PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
 11    the  board  of trustees of a school district to establish a charter school, or
 12    to convert an existing school within the school district to charter status.  A
 13    petition  to  convert  an  existing  school shall be submitted to the board of
 14    trustees of the district for review after the petition has been signed by  not
 15    less than sixty percent (60%) of the teachers currently employed by the school
 16    district  at  the  school  to  be converted, and by one (1) or more parents or
 17    guardians of not less than sixty  percent  (60%)  of  the  students  currently
 18    attending  the  school  to be converted. A petition to establish a new charter
 19    school shall be submitted to the board of trustees of the district for  review
 20    after  the  petition  has  been  signed by not less than thirty (30) qualified
 21    electors of the district.
 22        (2)  Not later than thirty (30) days after receiving a petition signed  in
 23    accordance  with  the  specifications  in  subsection (1) of this section, the
 24    board of trustees shall hold a meeting open to the public for the  purpose  of
 25    discussing  the  provisions of the charter, at which time the board shall con-
 26    sider the merits of the petition and the level of employee and  parental  sup-
 27    port  for  the petition. Following review of the petition and the public hear-
 28    ing, the board of trustees shall either grant or deny the charter within sixty
 29    (60) days of receipt of the petition, provided however, that the date  may  be
 30    extended  by  an  additional sixty (60) days if the petition fails to meet the
 31    signature requirements or fails to contain all of the information required  in
 32    this section, or if both parties agree to the extension.
 33        (3)  A  board  of  trustees  may grant a charter for operation of a school
 34    under the provisions of this chapter if it determines that the  petition  con-
 35    tains the number of signatures required, a statement of each of the conditions
 36    described  in  subsection  (4) of this section, and descriptions of all of the
 37    following:
 38        (a)  The educational program of the charter school, designed  among  other
 39        things,  to  identify  what  it  means  to  be an "educated person" in the
 40        twenty-first century, and how learning best occurs. The  goals  identified
 41        in the program shall include how all educational thoroughness standards as
 42        defined in section 33-1612, Idaho Code, shall be fulfilled.
 43        (b)  The  measurable  student  educational standards identified for use by
                                                                        
                                           2
                                                                        
  1        the charter school. "Student educational standards"  for  the  purpose  of
  2        this  chapter means the extent to which all students of the charter school
  3        demonstrate they have attained the skills and knowledge specified as goals
  4        in the school's educational program.
  5        (c)  The method by which student progress in meeting those student  educa-
  6        tional standards is to be measured.
  7        (d)  A  provision  by  which students of the charter school will be tested
  8        with the same standardized tests as other Idaho public school students.
  9        (e)  A provision which ensures that the  charter  school  shall  be  state
 10        accredited  as provided by rule of the state board of education.
 11        (f)  The  governance  structure  of  the charter school including, but not
 12        limited to, the person or entity who shall be legally accountable for  the
 13        operation  of  the  school,  and the process to be followed by the charter
 14        school to ensure parental involvement.
 15        (g)  The qualifications to be met by individuals employed by  the  charter
 16        school.  Instructional staff shall be certified teachers, or may apply for
 17        a waiver or any of the limited certification options as provided  by  rule
 18        of the state board of education.
 19        (h)  The  procedures  that  the  charter  school will follow to ensure the
 20        health and safety of students and staff.
 21        (i)  The process by which the citizens in the area of attendance shall  be
 22        made aware of the enrollment opportunities of the charter school.
 23        (j)  Admission procedures, including provision for overenrollment. Initial
 24        admission  procedures  for  a new charter school, not a renewal, including
 25        provision for overenrollment, which specifies admission will be determined
 26        by lottery or other random method. If initial capacity is insufficient  to
 27        enroll  all  pupils  who  submit a timely application, preference shall be
 28        given in the  following  order:  first,  to  siblings  of  pupils  already
 29        selected  by  the lottery or other random method; and second, an equitable
 30        selection process such as by lottery or other random method.  If  capacity
 31        is insufficient to enroll all pupils for subsequent school terms, who sub-
 32        mit  a  timely  application,  preference  shall  be given in the following
 33        order: first, to pupils returning to the charter school in the  second  or
 34        any  subsequent  year  of  its  operation;  second,  to siblings of pupils
 35        already enrolled in the charter school; and third, an equitable  selection
 36        process  such as by lottery or other random method. Each year after capac-
 37        ity is filled, the school may assemble a list of applicants, in the  order
 38        of  the random selection method, to be used to fill vacancies which become
 39        available during the year. At the end of each year, the list shall be dis-
 40        carded and a random selection process shall again  be  used  to  meet  the
 41        enrollment  and  maintain  a list to fill vacancies. The description shall
 42        also include the method by which at least two (2) persons  not  associated
 43        with the charter school as employees, parents of students, or in any other
 44        way, will conduct the random selection method.
 45        (jk)  The   manner   in  which  an  annual  audit  of  the  financial  and
 46        programmatic operations of the charter school is to be conducted.
 47        (kl)  The procedures by which students  can  be  suspended,  expelled  and
 48        reenrolled.
 49        (lm)  A  provision  which  ensures all staff members of the charter school
 50        will be covered by the public employee retirement system,  federal  social
 51        security, unemployment insurance and worker's compensation insurance.
 52        (mn)  The  public  school  attendance  alternative  for  students residing
 53        within the school district who choose not to attend the charter school.
 54        (no)  A description of the transfer rights of  any  employee  choosing  to
 55        work in a charter school and the rights of such employees to return to any
                                                                        
                                           3
                                                                        
  1        noncharter  school  in  the  school district after employment at a charter
  2        school.
  3        (op)  A provision which ensures that the staff of the charter school shall
  4        be considered a separate unit for purposes of collective bargaining.
  5        (pq)  The procedures to be followed by the charter school and  the  entity
  6        granting  the  charter  to  resolve disputes relating to provisions of the
  7        charter.
  8        (qr)  The manner by which special education services will be  provided  to
  9        students  with disabilities who are eligible pursuant to the federal indi-
 10        viduals with disabilities education act.
 11        (rs)  The manner by which eligible students from the charter school  shall
 12        be  allowed to participate in dual enrollment in noncharter schools within
 13        the district as provided for in chapter 2, title 33, Idaho Code.
 14        (4)  The petitioner shall provide information regarding the proposed oper-
 15    ation and potential effects of the school including, but not limited  to,  the
 16    facilities  to  be  utilized by the school, the manner in which administrative
 17    services of the school are to be provided and the  potential  civil  liability
 18    effects upon the school and upon the district.
                                                                        
 19        SECTION  2.  That  Section 33-5206, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        33-5206.  REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL.
 22    (1) In addition to any other requirements imposed in this chapter,  a  charter
 23    school  shall  be  nonsectarian in its programs, affiliations, admission poli-
 24    cies, employment  practices,  and  all  other  operations,  shall  not  charge
 25    tuition,  levy  taxes  or  issue bonds, and shall not discriminate against any
 26    student on any basis prohibited by the federal or state constitutions  or  any
 27    federal, state or local law. Admission to a charter school shall not be deter-
 28    mined  according to the place of residence of the student, or of the student's
 29    parent or guardian within the  district,  except  that  a  new  or  conversion
 30    charter  school  established  under the provisions of this chapter shall adopt
 31    and maintain a policy giving  admission  preference  to  students  who  reside
 32    within the attendance area of that school.
 33        (2)  No  board  of  trustees shall require any employee of the school dis-
 34    trict to be involuntarily assigned to work in a charter school.
 35        (3)  Certified teachers in a charter school  shall  be  considered  public
 36    school  teachers. Educational experience shall accrue for service in a charter
 37    school and such experience shall be counted by any school  district  to  which
 38    the teacher returns after employment in a charter school.
 39        (4)  No board of trustees shall require any student enrolled in the school
 40    district to attend a charter school.
 41        (5)  Upon  approval  of  the  petition by the board of trustees, the peti-
 42    tioner shall provide written notice of that approval, including a copy of  the
 43    petition, to the state board of education. For the purpose of implementing the
 44    provisions  of  section  33-5203(2),  Idaho Code, the state board of education
 45    shall assign a number to each petition it receives. Petitions  shall  be  num-
 46    bered  based  on the chronological order in which notice of the approved peti-
 47    tion is received by the state board of education.
 48        (6)  Each charter school shall annually submit a report to the local board
 49    of trustees which approved its charter. In the case of a  new  charter  school
 50    whose  charter was granted by the state board of education pursuant to section
 51    33-5207, Idaho Code, the annual report shall be submitted to the  state  board
 52    of   education.  The  report  shall  contain  the  audit  of  the  fiscal  and
 53    programmatic operations as required in section 33-5205(3)(jk), Idaho  Code,  a
                                                                        
                                           4
                                                                        
  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 14129


An act relating to charter schools; Amending Section 33-5205,
Idaho Code, to provide for a process to notify citizens of
vacancies in enrollment, to require a selection process to be
conducted anew each year, and to further govern the conduct of
the selection process; and amending Section 33-5206, Idaho Code,
to provide a correct code reference.


                          FISCAL IMPACT
None


Contact
Name: Senator Gary Schroeder 
Phone: 332-1324




STATEMENT OF PURPOSE/FISCAL NOTE                      S 1355