Print Friendly SENATE BILL NO. 1361 – Charter schools, articles of incorp
SENATE BILL NO. 1361
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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),
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
]]]] 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
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
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
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
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
55 (q) The manner by which special education services will be provided to
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
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
There is no fiscal impact on the state general fund.
Name: Bob West, Idaho State Department of Education
Name: Don Robertson, Idaho State Department of Education
Phone: 332-6812 S 1361