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S1361..........................................................by EDUCATION CHARTER SCHOOLS - Amends existing law to require that each petition submitted to convert an existing school or to establish a new charter school shall contain a copy of the articles of incorporation and bylaws of the nonprofit corporation. 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 03/03 3rd rdg - PASSED - 27-8-0 AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Calabretta, Compton(Duncan), Darrington, Davis, Gannon, Goedde, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk, Williams NAYS -- Bailey, Brandt, Cameron, Geddes, Keough, Noble(Anderson), Pearce, Sweet Absent and excused -- None Floor Sponsor - Andreason Title apvd - to House 03/04 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 - 58-0-12 AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bauer, Clark, Deal, Denney, Eberle, Gagner, Harwood, Meyer, Ridinger, Roberts, Smith(24), Trail Floor Sponsor - Cannon Title apvd - to Senate 03/20 To enrol 03/22 Rpt enrol - Pres signed 03/22 Sp signed - To Governor 04/02 Governor signed Session Law Chapter 375 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE SENATE SENATE BILL NO. 1361 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO 3 REQUIRE THAT EACH PETITION SUBMITTED TO CONVERT AN EXISTING SCHOOL OR TO 4 ESTABLISH A NEW CHARTER SCHOOL SHALL CONTAIN A COPY OF THE ARTICLES OF 5 INCORPORATION AND THE BYLAWS OF THE NONPROFIT CORPORATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request 10 the board of trustees of a school district to establish a charter school, or 11 to convert an existing school within the school district to charter status. A 12 petition to convert an existing school shall be submitted to the board of 13 trustees of the district for review after the petition has been signed by not 14 less than sixty percent (60%) of the teachers currently employed by the school 15 district at the school to be converted, and by one (1) or more parents or 16 guardians of not less than sixty percent (60%) of the students currently 17 attending the school to be converted. A petition to establish a new charter 18 school shall be submitted to the board of trustees of the district for review 19 after the petition has been signed by not less than thirty (30) qualified 20 electors of the district. Each petition submitted to convert an existing 21 school or to establish a new charter school shall contain a copy of the arti- 22 cles of incorporation and the bylaws of the nonprofit corporation, which shall 23 be deemed incorporated into the petition. 24 (2) Not later than thirty (30) days after receiving a petition signed in 25 accordance with the specifications in subsection (1) of this section, the 26 board of trustees shall hold a meeting open to the public for the purpose of 27 discussing the provisions of the charter, at which time the board shall con- 28 sider the merits of the petition and the level of employee and parental sup- 29 port for the petition. Following review of the petition and the public hear- 30 ing, the board of trustees shall either grant or deny the charter within sixty 31 (60) days of receipt of the petition, provided however, that the date may be 32 extended by an additional sixty (60) days if the petition fails to meet the 33 signature requirements or fails to contain all of the information required in 34 this section, or if both parties agree to the extension. 35 (3) A board of trustees may grant a charter for operation of a school 36 under the provisions of this chapter if it determines that the petition con- 37 tains the number of signatures required, a statement of each of the conditions 38 described in subsection (4) of this section, and descriptions of all of the 39 following: 40 (a) The educational program of the charter school, designed among other 41 things, to identify what it means to be an "educated person" in the 42 twenty-first century, and how learning best occurs. The goals identified 43 in the program shall include how all educational thoroughness standards as 2 1 defined in section 33-1612, Idaho Code, shall be fulfilled. 2 (b) The measurable student educational standards identified for use by 3 the charter school. "Student educational standards" for the purpose of 4 this chapter means the extent to which all students of the charter school 5 demonstrate they have attained the skills and knowledge specified as goals 6 in the school's educational program. 7 (c) The method by which student progress in meeting those student educa- 8 tional standards is to be measured. 9 (d) A provision by which students of the charter school will be tested 10 with the same standardized tests as other Idaho public school students. 11 (e) A provision which ensures that the charter school shall be state 12 accredited as provided by rule of the state board of education. 13 (f) The governance structure of the charter school including, but not 14 limited to, the person or entity who shall be legally accountable for the 15 operation of the school, and the process to be followed by the charter 16 school to ensure parental involvement. 17 (g) The qualifications to be met by individuals employed by the charter 18 school. Instructional staff shall be certified teachers, or may apply for 19 a waiver or any of the limited certification options as provided by rule 20 of the state board of education. 21 (h) The procedures that the charter school will follow to ensure the 22 health and safety of students and staff. 23 (i) 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. 37 (j) The manner in which an annual audit of the financial and programmatic 38 operations of the charter school is to be conducted. 39 (k) The procedures by which students can be suspended, expelled and 40 reenrolled. 41 (l) A provision which ensures all staff members of the charter school 42 will be covered by the public employee retirement system, federal social 43 security, unemployment insurance and worker's compensation insurance. 44 (m) The public school attendance alternative for students residing within 45 the school district who choose not to attend the charter school. 46 (n) A description of the transfer rights of any employee choosing to work 47 in a charter school and the rights of such employees to return to any non- 48 charter school in the school district after employment at a charter 49 school. 50 (o) A provision which ensures that the staff of the charter school shall 51 be considered a separate unit for purposes of collective bargaining. 52 (p) The procedures to be followed by the charter school and the entity 53 granting the charter to resolve disputes relating to provisions of the 54 charter. 55 (q) The manner by which special education services will be provided to 3 1 students with disabilities who are eligible pursuant to the federal indi- 2 viduals with disabilities education act. 3 (r) The manner by which eligible students from the charter school shall 4 be allowed to participate in dual enrollment in noncharter schools within 5 the district as provided for in chapter 2, title 33, Idaho Code. 6 (4) The petitioner shall provide information regarding the proposed oper- 7 ation and potential effects of the school including, but not limited to, the 8 facilities to be utilized by the school, the manner in which administrative 9 services of the school are to be provided and the potential civil liability 10 effects upon the school and upon the district.
STATEMENT OF PURPOSE RS 14113 This proposal amends Idaho Code 33-5205 to require a petition to establish a charter school contain a copy of the articles of incorporation and the bylaws of the non-profit corporation. 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 1361