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S1444aaH,aaH.....................................................by FINANCE PUBLIC CHARTER SCHOOLS - Amends and adds to existing law relating to public charter schools; to define terms; to revise limits on the number of public charter schools; to govern methods of forming a public charter school; to provide that a new public charter school may be approved by an authorized chartering entity; to provide additional limitations on authorizing a charter; to provide rules to be adopted by the State Board of Education; to designate certain local educational agencies; to clarify liability for public charter schools; to govern applicability of professional codes and standards to employees of public charter schools; to further govern procedures for a petition to establish a public charter school; to further govern permitted admissions procedures; to further govern appeal procedures; to provide for public hearing of determination to revoke a charter; to clarify the appeal procedure; to require certain financial reporting; to specify application of rules which specifically pertain to public charter schools; to create an independent public charter school commission; to provide members; and to provide for meetings. 03/12 Senate intro - 1st rdg - to printing 03/15 Rpt prt - to Educ 03/16 Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 30-5-0 AYES -- Andreason, Bailey, Brandt, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Schroeder, Sorensen, Stegner, Stennett, Werk, Williams NAYS -- Bunderson, Goedde, Pearce, Richardson, Sweet Absent and excused -- None Floor Sponsor - Schroeder Title apvd - to House 03/17 House intro - 1st rdg - to Educ 03/18 Rpt out - to Gen Ord Rpt out amen - to 1st rdg as amen 03/19 1st rdg - to 2nd rdg as amen To Gen Ord Rpt out amen - to 1st rdg as amen 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 52-17-1 AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ring, Roberts, Rydalch, Sali, Schaefer, Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood NAYS -- Andersen, Boe, Henbest, Jaquet, Jones, Langhorst, Martinez, Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ringo, Robison, Sayler, Shepherd, Smith(30), Trail Absent and excused -- Mr. Speaker Floor Sponsor - Rydalch Title apvd - to Senate 03/19 Ref'd to Educ 03/20 Rpt out - to 10th Ord Senate concurred in House amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 23-8-4 AYES -- Andreason, Bailey, Brandt, Bunderson, Calabretta, Cameron, Compton, Davis, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge, McKenzie, Pearce, Richardson, Sorensen, Stegner, Sweet, Werk, Williams NAYS -- Burkett(Maxand), Darrington, Gannon, Malepeai, Marley, McWilliams, Noh, Stennett Absent and excused -- Burtenshaw, Kennedy, Noble, Schroeder Floor Sponsor - Cameron Title apvd - To enrol 03/22 Rpt enrol - Pres signed - Sp signed - To Governor 04/01 Governor signed Session Law Chapter 371 Effective: 04/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1444 BY FINANCE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202, IDAHO CODE, TO 3 CLARIFY LEGISLATIVE INTENT; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY 4 THE ADDITION OF A NEW SECTION 33-5202A, IDAHO CODE, TO DEFINE TERMS; 5 AMENDING SECTION 33-5203, IDAHO CODE, TO REVISE LIMITS ON THE NUMBER OF 6 PUBLIC CHARTER SCHOOLS, TO GOVERN METHODS OF FORMING A PUBLIC CHARTER 7 SCHOOL, TO PROVIDE ADDITIONAL LIMITATIONS ON AUTHORIZING A CHARTER, TO 8 PROVIDE RULES TO BE ADOPTED BY THE STATE BOARD OF EDUCATION AND TO DESIG- 9 NATE CERTAIN LOCAL EDUCATIONAL AGENCIES; AMENDING SECTION 33-5204, IDAHO 10 CODE, TO CLARIFY LIABILITY FOR PUBLIC CHARTER SCHOOLS AND TO SPECIFY CER- 11 TAIN PROHIBITED ACTS; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY THE 12 ADDITION OF A NEW SECTION 33-5204A, IDAHO CODE, TO GOVERN APPLICABILITY OF 13 PROFESSIONAL CODES AND STANDARDS TO EMPLOYEES OF PUBLIC CHARTER SCHOOLS; 14 AMENDING SECTION 33-5205, IDAHO CODE, TO FURTHER GOVERN PROCEDURE FOR A 15 PETITION TO ESTABLISH A PUBLIC CHARTER SCHOOL AND TO FURTHER GOVERN PER- 16 MITTED ADMISSION PROCEDURES; AMENDING SECTION 33-5206, IDAHO CODE, TO PRO- 17 VIDE REFERENCES TO AUTHORIZED CHARTERING ENTITY AND TO FURTHER GOVERN 18 REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER SCHOOL; 19 AMENDING SECTION 33-5207, IDAHO CODE, TO PROVIDE REFERENCES TO AUTHORIZED 20 CHARTERING ENTITY AND TO FURTHER GOVERN APPEAL PROCEDURES; AMENDING SEC- 21 TION 33-5209, IDAHO CODE, TO STRIKE CERTAIN RENEWAL REQUIREMENTS, TO PRO- 22 VIDE REFERENCES TO AUTHORIZED CHARTERING ENTITY, TO PROVIDE FOR PUBLIC 23 HEARING OF DETERMINATION TO REVOKE A CHARTER AND TO PROVIDE APPEAL PROCE- 24 DURE; AMENDING SECTION 33-5210, IDAHO CODE, TO PROVIDE REFERENCES TO 25 AUTHORIZED CHARTERING ENTITY, TO REQUIRE CERTAIN FINANCIAL REPORTING AND 26 TO SPECIFY APPLICATION OF RULES WHICH SPECIFICALLY PERTAIN TO PUBLIC 27 CHARTER SCHOOLS; AMENDING SECTION 33-5211, IDAHO CODE, TO REVISE INFORMA- 28 TION DISTRIBUTION REQUIREMENTS; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, 29 BY THE ADDITION OF A NEW SECTION 33-5213, IDAHO CODE, TO CREATE AN INDE- 30 PENDENT PUBLIC CHARTER SCHOOL COMMISSION, TO PROVIDE MEMBERS AND PROVIDE 31 FOR MEETINGS; PROVIDING SEVERABILITY; GOVERNING EFFECT UPON EXISTING PUB- 32 LIC CHARTER SCHOOLS; AND DECLARING AN EMERGENCY. 33 Be It Enacted by the Legislature of the State of Idaho: 34 SECTION 1. That Section 33-5202, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 33-5202. LEGISLATIVE INTENT. It is the intent of the legislature to pro- 37 vide opportunities for teachers, parents, students and community members to 38 establish and maintain public charter schools which operate independently from 39 the existing traditional school district structure but within the existing 40 public school system as a method to accomplishallany of the following: 41 (1) Improve student learning; 42 (2) Increase learning opportunities for all students, with special empha- 43 sis on expanded learning experiences for students; 2 1 (3) Include the use of different and innovative teaching methods; 2 (4) Utilize virtual distance learning and on-line learning; 3 (5) Create new professional opportunities for teachers, including the 4 opportunity to be responsible for the learning program at the school site; 5 (6) Provide parents and students with expanded choices in the types of 6 educational opportunities that are available within the public school system; 7 (7) Hold the schools established under this chapter accountable for meet- 8 ing measurable student educational standards. 9 SECTION 2. That Chapter 52, Title 33, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 33-5202A, Idaho Code, and to read as follows: 12 33-5202A. DEFINITIONS. As used in this chapter, unless the context 13 requires otherwise: 14 (1) "Authorized chartering entity" means either the board of trustees of 15 a school district in this state, or, for the limited purposes of chartering 16 multidistrict public virtual schools or for hearing appeals from a board of 17 trustees of a school district, the public charter school commission. 18 (2) "Charter" means the grant of authority, constituting a written con- 19 tract, approved by the authorized chartering entity to the board of directors 20 of the public charter school. 21 (3) "Founder" means a person, including employees or staff of a public 22 charter school, who makes a material contribution toward the establishment of 23 a public charter school in accordance with criteria determined by the board of 24 directors of the public charter school, and who is designated as such at the 25 time the board of directors acknowledges and accepts such contribution. The 26 criteria for determining when a person is a founder shall not discriminate 27 against any person on any basis prohibited by the federal or state 28 constitutions or any federal, state or local law. The designation of a person 29 as a founder, and the admission preferences available to the children of a 30 founder, shall not constitute pecuniary benefits. 31 (4) "Petition" means the document submitted by a person or persons to the 32 authorized chartering entity to request the creation of a public charter 33 school. 34 (5) "Public charter school" means a school that is authorized under this 35 chapter to deliver public education in Idaho. 36 (6) "Public virtual school" means a public charter school that may serve 37 students in more than one (1) school district and that provides instruction to 38 pupils primarily through virtual distance learning or online technologies. A 39 building-based public virtual school primarily provides such instruction at 40 one (1) or more central building locations. A home-based public virtual school 41 primarily provides such instruction directly to the pupil at home. 42 (7) "Traditional public school" means any school existing or to be built 43 that is operated and controlled by a school district in this state. 44 SECTION 3. That Section 33-5203, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter 47 schools is hereby authorized. Public cCharter schools shall be part of the 48 state's program of public education. 49 (2)It is the intent of the legislature that tThe number of charter 50 schools which may be approvedin each of the first five (5) years after the51effective date of this actshall be limited in numberand geographic distribu-3 1tionin accordance with the following: 2 (a)Not more than sixty (60) schools may be approved in the first five3(5) years after the effective date of this act, and4(b)Not more thantwelvesix (126) newly-chartered public schools may be 5 approvedinfor any one (1) school year, and 6(c) Not more than two (2) charters per year may be granted within an edu-7cational classification region as established by the state board of educa-8tion, and9 (db) Not more than one (1) newly-chartered public school may be granted 10 for any one (1) school districtinfor a school year, and 11 (ec) No whole school district may be converted to a charter district or 12 any configuration which includes all schools as public charter schools. 13The legislature further finds that, notwithstanding the limitations of this14subsection (2), if fewer than twelve (12) charters are approved by June 1 of a15year, the unused allotments shall be assigned to a statewide pool for use by16other requesting districts. Distributions from the pool shall be made by ran-17dom drawing.18 (3) A public charter school may be formed either by creating a new public 19 charter school, or by converting an existing traditional public school to a 20 public charterstatusschool. If a public charter school is proposed which 21 incorporates area within two (2) or more school districts, the charter peti- 22 tion shall be submitted to the board of trustees of the school district in 23 which the primary attendance area of the proposed public charter school lies. 24 (4) No charter shall be granted under this chapter:which authorizes25 (a) Which provides for the conversion of any existing private or paro- 26 chial school to a public charter school. 27 (b)No charter shall be granted tTo a for-profit entity or any school 28 which is operated by a for-profit entity, provided however, nothing herein 29 shall prevent the board of directors of a public charter school from 30 legally contracting with for-profit entities for the provision of products 31 or services that aid in the operation of the school. 32 (c) By the board of trustees of a school district if the public charter 33 school's physical location is outside the boundaries of the authorizing 34 school district. 35 (5) A public virtual school charter may be granted by the public charter 36 school commission. 37 (6) The state board of education shall adopt rules, subject to law, to 38 establish a consistent application and review process for the approval and 39 maintenance of all public charter schools. 40 (7) A public charter school chartered by the public charter school com- 41 mission is hereby designated as a local education agency (LEA) as that term is 42 defined in 34 CFR 300.18. 43 SECTION 4. That Section 33-5204, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A public 46 charter school shall be organized and managed under the Idaho nonprofit corpo- 47 ration act. The board of directors of a public charter school shall be deemed 48 public agents authorized by a public school district or the state board of 49 education to control the public charter school, but shall function indepen- 50 dently of any school board of trustees in any school district in which the 51 public charter school is located, except as provided in the charter.A charter52school shall be considered a public school for all purposes and shall comply53with the audit reporting requirements of section 33-701 6., Idaho Code, and4 1shall annually file financial and statistical reports as required in section233-701 7., Idaho Code.For the purposes of section 59-1302(15), Idaho Code, a 3 public charter school created pursuant to this chapter shall be deemed a gov- 4 ernmental entity. Pursuant to the provisions of section 63-3622O, Idaho Code, 5 sales to or purchases by a public charter school are exempt from payment of 6 the sales and use tax. A public charter school and the board of directors of a 7 public charter school are subject to the provisions of: 8 (a) Sections 18-1351 through 18-1362, Idaho Code, on bribery and corrupt 9 influence; 10 (b) Chapter 2, title 59, Idaho Code, on prohibitions against contracts 11 with officers; 12 (c) Chapter 7, title 59, Idaho Code, on ethics in government; 13 (d) Cchapter 23, title 67, Idaho Code, on open public meetings; and 14 (e) Cchapter 3, title 9, Idaho Code, on disclosure of public records 15 in the same manner that a traditional public school and the board of school 16 trustees of a school district are subject to those provisions. 17 (2) A public charter school may sue or be sued, purchase, receive, hold 18 and convey real and personal property for school purposes, and borrow money 19 for such purposes, to the same extent and on the same conditions as a tradi- 20 tional public school district, and its employees, directors and officers shall 21 enjoy the same immunities as employees, directors and officers of traditional 22 public school districts and other public schools, including those provided by 23 chapter 9, title 6, Idaho Code. Theapproving authority ofauthorized charter- 24 ing entity that grants a public school charterschoolshall have no liability 25 for the acts, omissions, debts or other obligations of a public charter 26 school, except as may be provided inan agreement or contract with suchthe 27 charter. A local public school district shall have no liability for the acts, 28 omissions, debts or other obligations of a public charter school located in 29 its district that has been approved by an authorized chartering entity other 30 than the board of trustees of the local school district. 31 (3) Nothing in this chapter shall prevent the board of directors of a 32 public charter school, operating as a nonprofit corporation, from borrowing 33 money to finance the purchase or lease of school building facilities, equip- 34 ment and furnishings of those school building facilities. Subject to the terms 35 of a contractual agreement between the board and a lender, nothing herein 36 shall prevent the board from using the facility, its equipment and furnish- 37 ings, as collateral for the loan. 38 (4) Public cCharter schools shall secure insurance for liability and 39 property loss. 40 (5) It shall be unlawful for: 41 (a) Any director to have pecuniary interest directly or indirectly in any 42 contract or other transaction pertaining to the maintenance or conduct of 43 the authorized chartering entity and charter, or to accept any reward or 44 compensation for services rendered as a director except as may be other- 45 wise provided in this subsection (5). The board of directors of a public 46 charter school may accept and award contracts involving the public charter 47 school to businesses in which the director or a person related to him by 48 blood or marriage within the second degree has a direct or indirect inter- 49 est, provided that the procedures set forth in section 18-1361 or 50 18-1361A, Idaho Code, are followed. The receiving, soliciting or accep- 51 tance of moneys of a public charter school for deposit in any bank or 52 trust company, or the lending of moneys by any bank or trust company to 53 any public charter school, shall not be deemed to be a contract pertaining 54 to the maintenance or conduct of a public charter school and authorized 55 chartering entity within the meaning of this section; nor shall the pay- 5 1 ment by any public charter school board of directors of compensation to 2 any bank or trust company for services rendered in the transaction of any 3 banking business with such public charter school board of directors be 4 deemed the payment of any reward or compensation to any officer or direc- 5 tor of any such bank or trust company within the meaning of this section. 6 (b) The board of directors of any public charter school to enter into or 7 execute any contract with the spouse of any member of such board, the 8 terms of which said contract require, or will require, the payment or 9 delivery of any public charter school funds, moneys or property to such 10 spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code. 11 (6) When any relative of any director or relative of the spouse of a 12 director related by affinity or consanguinity within the second degree is to 13 be considered for employment in a public charter school, such director shall 14 abstain from voting in the election of such relative, and shall be absent from 15 the meeting while such employment is being considered and determined. 16 SECTION 5. That Chapter 52, Title 33, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 33-5204A, Idaho Code, and to read as follows: 19 33-5204A. APPLICABILITY OF PROFESSIONAL CODES AND STANDARDS -- LIMITA- 20 TIONS UPON AUTHORITY. (1) Every person who serves in a public charter school, 21 either as an employee, contractor, or otherwise, in the capacity of teacher, 22 supervisor, administrator, education specialist, school nurse or librarian, 23 must comply with the professional codes and standards approved by the state 24 board of education, including standards for ethics or conduct. 25 (2) Every employee of a public charter school and every member of the 26 board of directors of a public charter school, whether compensated or 27 noncompensated, shall comply with the standards of ethics or conduct applica- 28 ble to public officials including, but not limited to, chapter 7, title 59, 29 Idaho Code, except that section 59-704A, Idaho Code, which permits a 30 noncompensated public official to have an interest in a contract made or 31 entered into by the board of which he is a member under certain conditions, 32 shall not apply to the board of directors of a public charter school. A member 33 of the board of directors of a public charter school is prohibited from 34 receiving a personal pecuniary benefit, directly or indirectly, pertaining to 35 a contractual relationship with the public charter school. 36 SECTION 6. That Section 33-5205, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of 39 persons mayrequest the board of trustees of a school districtpetition to 40 establish a new public charter school, or to convert an existing traditional 41 public schoolwithin the school districtto a public charterstatusschool. A 42 petition to convert an existing traditional public school shall be submitted 43 to the board of trustees of the district in which the school is located for 44 reviewafterand approval. Tthe petitionhas beenshall be signed by not less 45 than sixty percent (60%) of the teachers currently employed by the school dis- 46 trict at the school to be converted, and by one (1) or more parents or guard- 47 ians of not less than sixty percent (60%) of the students currently attending 48 the school to be converted. A petition to establish a new public charter 49 school shall be submitted to the board of trustees of the district for review 50afterand approval. Tthe petitionhas beenshall be signed by not less than 51 thirty (30) qualified electors of thedistrictservice area designated in the 6 1 petition. 2 (2) Not later than thirty (30) days after receiving a petition signed in 3 accordance with the specifications in subsection (1) of this section, the 4 board of trustees shall hold a meeting open to the public for the purpose of 5 discussing the provisions of the charter, at which time the board shall con- 6 sider the merits of the petition and the level of employee and parental sup- 7 port for the petition. Following review of the petition and the public hear- 8 ing, the board of trustees shall either grant or deny the charter within sixty 9 (60) days of receipt of the petition, provided however, that the date may be 10 extended by an additional sixty (60) days if the petition fails tomeetcon- 11 tain the requisite signaturesrequirementsor fails to contain all of the 12 information required in this section, or if both parties agree to the exten- 13 sion. 14 (3) A board of trustees may grant a charterfor operation of a school15 under the provisions of this chapter only if it determines that the petition 16 contains thenumber ofrequisite signatures,required, a statement of each of17the conditions described inthe information required by subsection (4) of this 18 section, anddescriptions ofadditional statements describing all of the fol- 19 lowing: 20 (a) The proposed educational program of the public charter school, 21 designed among other things, to identify what it means to be an "educated 22 person" in the twenty-first century, and how learning best occurs. The 23 goals identified in the program shall include how all educational thor- 24 oughness standards as defined in section 33-1612, Idaho Code, shall be 25 fulfilled. 26 (b) The measurable student educational standards identified for use by 27 the public charter school. "Student educational standards" for the purpose 28 of this chapter means the extent to which all students of the public 29 charter school demonstrate they have attained the skills and knowledge 30 specified as goals in the school's educational program. 31 (c) The method by which student progress in meeting those student educa- 32 tional standards is to be measured. 33 (d) A provision by which students of the public charter school will be 34 tested with the same standardized tests as other Idaho traditional public 35 school students. 36 (e) A provision which ensures that the public charter school shall be 37 state accredited as provided by rule of the state board of education. 38 (f) The governance structure of the public charter school including, but 39 not limited to, the person or entity who shall be legally accountable for 40 the operation of the school, and the process to be followed by the public 41 charter school to ensure parental involvement. 42 (g) The qualifications to be met by individuals employed by the public 43 charter school. Instructional staff shall be certified teachers, or may 44 apply for a waiver or any of the limited certification options as provided 45 by rule of the state board of education. 46 (h) The procedures that the public charter school will follow to ensure 47 the health and safety of students and staff. 48 (i) The process by which the citizens in the area of attendance shall be 49 made aware of the enrollment opportunities of the public charter school. 50 (j) Admission procedures, including provision for overenrollment. Such 51 admission procedures shall provide that the iInitial admission procedures 52 for a new public charter school,not a renewal,including provision for 53 overenrollment,which specifies admissionwill be determined by lottery or 54 other random method, except as otherwise provided herein. If initial 55 capacity is insufficient to enroll all pupils who submit a timely applica- 7 1 tion, then the admission procedures shall provide that preference shall be 2 given in the following order: first, to children of founders, provided 3 that this admission preference shall be limited to not more than ten per- 4 cent (10%) of the capacity of the public charter school; second, to sib- 5 lings of pupils already selected by the lottery or other random method; 6 andsecondthird, an equitable selection process such as by lottery or 7 other random method. If capacity is insufficient to enroll all pupils for 8 subsequent school terms, who submit a timely application, then the admis- 9 sion procedures shall provide that preference shall be given in the fol- 10 lowing order: first, to pupils returning to the public charter school in 11 the second or any subsequent year of its operation; second, to children of 12 founders, provided that this admission preference shall be limited to not 13 more than ten percent (10%) of the capacity of the public charter school; 14 third, to siblings of pupils already enrolled in the public charter 15 school; andthirdfourth, an equitable selection process such as by lot- 16 tery or other random method. 17 (i) A family participating in a lottery conducted pursuant to this 18 subsection shall be permitted to enter only one (1) child in the lot- 19 tery regardless of the number of children in the family making appli- 20 cation. In the event a child is selected through the lottery con- 21 ducted pursuant to this subsection, and that child has siblings, the 22 enrollment of such siblings in the public charter school shall be 23 given preference pursuant to subsection (3)(j) of this section. 24 (ii) There shall be no carryover from year to year of the list main- 25 tained to fill vacancies. A new lottery shall be conducted each year 26 to fill vacancies which become available. 27 (iii) The description shall also include the method by which at least 28 two (2) persons not associated with the public charter school as 29 employees, parents of students, or in any other way, will conduct the 30 random selection method. 31 (jk) The manner in which an annual audit of the financial and 32 programmatic operations of the public charter school is to be conducted. 33 (kl) The disciplinary procedures that the public charter school will uti- 34 lize, including the procedure by which studentscanmay be suspended, 35 expelled and reenrolled. 36 (lm) A provision which ensures that all staff members of the public 37 charter school will be covered by the public employee retirement system, 38 federal social security, unemployment insurance and worker's compensation 39 insurance. 40 (mn) The public school attendance alternative for students residing 41 within the school district who choose not to attend the public charter 42 school. 43 (no) A description of the transfer rights of any employee choosing to 44 work in a public charter school and the rights of such employees to return 45 to any noncharter school in the school district after employment at a pub- 46 lic charter school. 47 (op) A provision which ensures that the staff of the public charter 48 school shall be considered a separate unit for purposes of collective bar- 49 gaining. 50 (pq) The procedures to be followed by the public charter school and the 51 authorized chartering entity granting the charter to resolve disputes 52 relating to provisions of the charter. 53 (qr) The manner by which special education services will be provided to 54 students with disabilities who are eligible pursuant to the federal indi- 55 viduals with disabilities education act. 8 1 (rs) The manner by which eligible students from the public charter school 2 shall be allowed to participate in dual enrollment in noncharter schools 3 within the same district as the public charter school, as provided for in 4chapter 2, title 33,section 33-203(7), Idaho Code. 5 (4) The petitioner shall provide information regarding the proposed oper- 6 ation and potential effects of the public charter school including, but not 7 limited to, the facilities to be utilized by the public charter school, the 8 manner in which administrative services of the public charter school are to be 9 provided and the potential civil liability effects upon the public charter 10 school and upon thedistrictauthorized chartering entity. 11 SECTION 7. That Section 33-5206, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 33-5206. REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER 14 SCHOOL. (1) In addition to any other requirements imposed in this chapter, a 15 public charter school shall be nonsectarian in its programs, affiliations, 16 admission policies, employment practices, and all other operations, shall not 17 charge tuition, levy taxes or issue bonds, and shall not discriminate against 18 any student on any basis prohibited by the federal or state constitutions or 19 any federal, state or local law. Admission to a public charter school shall 20 not be determined according to the place of residence of the student, or of 21 the student's parent or guardian within the district, except that a new or 22 conversion public charter school established under the provisions of this 23 chapter shall adopt and maintain a policy giving admission preference to stu- 24 dents who reside within the attendance area of that public charter school. 25 (2) No board of trustees shall require any employee of the school dis- 26 trict to be involuntarily assigned to work in a public charter school. 27 (3) Certified teachers in a public charter school shall be considered 28 public school teachers. Educational experience shall accrue for service in a 29 public charter school and such experience shall be counted by any school dis- 30 trict to which the teacher returns after employment in a public charter 31 school. 32 (4) No board of trustees shall require any student enrolled in the school 33 district to attend a public charter school. 34 (5) Upon approval of the petition by theboard of trusteesauthorized 35 chartering entity, the petitioner shall provide written notice of that 36 approval, including a copy of the petition, to the state board of education. 37 For the purpose of implementing the provisions of section 33-5203(2), Idaho 38 Code, the state board of education shall assign a number to each petition it 39 receives. Petitions shall be numbered based on the chronological order in 40 which notice of the approved petition is received by the state board of educa- 41 tion. 42 (6) Each public charter school shall annually submit a report to the 43local board of trusteesauthorized chartering entity which approved its 44 charter.In the case of a new charter school whose charter was granted by the45state board of education pursuant to section 33-5207, Idaho Code, the annual46report shall be submitted to the state board of education.The report shall 47 contain the audit of the fiscal and programmatic operations as required in 48 section 33-5205(3)(jk), Idaho Code, a report on student progress based on the 49 public charter school's student educational standards identified in section 50 33-5205(3)(b), Idaho Code, and a copy of the public charter school's accredi- 51 tation report. 52 SECTION 8. That Section 33-5207, Idaho Code, be, and the same is hereby 9 1 amended to read as follows: 2 33-5207. CHARTER APPEAL PROCEDURE. (1) If a local school board of 3 trustees grants a charter for the conversion of an existing traditional public 4 school within the school district over the objection of thirty (30) or more 5 persons or employees of the district, or denies a petition for the establish- 6 ment of a new public charter school for any reason including, but not limited 7 to, failure by the petitioner to follow procedures or for failure to provide 8 required information, then such decisions may be appealed to thestate super-9intendent of public instructionpublic charter school commission, at the 10 request of persons opposing the conversion of an existing traditional public 11 school, or at the request of the petitioner whose request for a new charter 12 was denied. 13 (2)The state superintendent of public instruction shall select a hearing14officer to review the action of the local board of trustees. The hearing offi-15cer shall, within thirty (30) days of the request, review the charter petition16and convene a public hearing regarding the charter request. Within ten (10)17days of the public hearing, the hearing officer shall submit a written recom-18mendation to the local board of trustees and to the persons requesting the19review.20(3)Within thirty (30) days following receipt of thehearing officer's21written recommendationappeal, the local board of trustees shall hold a public 22 hearing. Within ten (10) days of this hearing, the local board of trustees 23 shall either affirm or reverse its initial decision. The board's decision 24 shall be in writing and contain findings which explain the reasons for its 25 decision. 26 (43) If, upon reconsideration of a decision to approve the conversion of 27 an existingtraditional public school to a public charter school, the local 28 school board: 29 (a) Affirms its initial decision to authorize such conversion, the 30 charter shall be granted and there shall be no further appeal. 31 (b) Reverses its initial decision and denies the conversion, that deci- 32 sion is final and there shall be no further appeal. 33 (54) If, upon reconsideration of a decision to deny establishment of a 34 new public charter school, thelocal school boardauthorized chartering 35 entity: 36 (a) Reverses its initial decision and approves the new public charter 37 school, the charter shall be granted and there shall be no further appeal. 38 (b) Affirms its initial decision denying the new public charter school, 39 the petitioners for the establishment of the new public charter school may 40 appeal to thestate board of educationpublic charter school commission. 41 Thestate board of educationcommission shall hold a public hearingat its42next regular meetingwithin a reasonable time after receiving notice of 43 such appeal and, after the public hearing,shallmay approve the charter 44 for the establishment of a new public charter school if it determines that 45 the local board of trustees failed to appropriately consider the charter 46requestpetition, or ifthe local boardit acted in an arbitrary manner in 47 denying therequestpetition. Such public hearing shall be conducted pur- 48 suant to procedures as set by the state board of education. 49 (65) A public charter school for which a charter is granted by thestate50board of educationpublic charter school commission shall qualify fully as a 51 public charter school for all funding and other purposes of this chapter.The52state board of education shall assume the role of the chartering entity.53 Employees of a public charter school authorized by thestate board of educa-54tionpublic charter school commission shall not be considered employees of the 10 1 local school district in which the public charter school is located, nor of 2 the state board of education. 3 (76) The finding of thestate board of educationpublic charter school 4 commission shall be subject to review pursuant to chapter 52, title 67, Idaho 5 Code. Nothing in this section shall prevent a petitioner from bringing a new 6 petition at a later time. 7 (87) There shall be no appeal of a decision by a local school board of 8 trustees which denies the conversion of an existing traditional public school 9 within that district to a public charter school, or which grants a petition 10 for the establishment of a new public charter school. 11 SECTION 9. That Section 33-5209, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 33-5209.TIME LIMITSENFORCEMENT -- REVOCATION -- APPEAL. (1)A charter14granted pursuant to this chapter shall be valid for a period not to exceed15five (5) years. A charter may be granted one (1) or more subsequent renewals16by the original granting authority. Each renewal shall be valid for a period17not to exceed five (5) years. A material revision of the provisions of the18charter petition may be made only with the approval of the authority which19granted the charterAn authorized chartering entity shall ensure that all pub- 20 lic charter schools for which it authorized charters, or for which it has 21 responsibility, operate in accordance with the charter granted. A public 22 charter school or the authorized chartering entity may enter into negotiations 23 to revise its charter at any time. The authorized chartering entity's review 24 of the revised petition shall be limited in scope solely to the proposed revi- 25 sions. 26 (2)A charter may be revoked by the original granting authority iIf the 27authority findsauthorized chartering entity has reason to believe that the 28 public charter school has done any of the following, it shall provide the pub- 29 lic charter school written notice of the defect and provide a reasonable 30 opportunity to cure the defect: 31 (a) Committed a material violation of any condition, standard or proce- 32 dure set forth in the approved charter;petition;33 (b) Failed to substantially meet any of the student educational standards 34 identified in the approved charter;petition;35 (c) Failed to meet generally accepted accounting standards of fiscal man- 36 agement; 37 (d) Failed to submit required reports to theauthority whichauthorized 38 chartering entity governing the approved charter; or 39 (e) Violated any provision of law. 40 (3)A decision to revoke, not to renew, or not to approve a revision of a41charter may be appealed directly to the state board of education. The state42board shall essentially follow the procedure as provided in section 33-5207,43Idaho CodeA charter may be revoked by the authorized chartering entity if the 44 public charter school has failed to cure a defect after receiving reasonable 45 notice and having had a reasonable opportunity to cure the defect. Revocation 46 may not occur until the public charter school has been afforded a public hear- 47 ing and a reasonable opportunity to cure the defect, unless the authorized 48 chartering entity reasonably determines that the continued operation of the 49 public charter school presents an imminent public safety issue, in which case 50 the charter may be revoked immediately. Public hearings shall be conducted by 51 the governing authorized chartering entity, or such other person or persons 52 appointed by the authorized chartering entity to conduct public hearings and 53 receive evidence as a contested case in accordance with section 67-5242, Idaho 11 1 Code. Reasonable notice and opportunity to reply shall include, at a minimum, 2 written notice setting out the basis for consideration of revocation, a period 3 of not less than thirty (30) days within which the public charter school can 4 reply in writing, and a public hearing within thirty (30) days of the receipt 5 of the written reply. 6 (4) Following a decision of revocation, appeal may be made to the state 7 board of education within thirty (30) days following receipt of the appeal, 8 the state board of education shall hold a public hearing. Within ten (10) 9 days of this hearing, the state board of education shall either affirm or 10 reverse the decision of revocation. The board's decision shall be in writing 11 and contain findings which explain the reasons for its decision. Any decision 12 affirming or reversing a decision of revocation shall be based on the stan- 13 dards contained in subsection (2) of this section. 14 In the event the state board of education reverses a decision of revoca- 15 tion, the public charter school subject to such action shall then be placed 16 under the chartering authority of the commission. 17 SECTION 10. That Section 33-5210, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 33-5210. APPLICATION OF SCHOOL LAW -- ACCOUNTABILITY -- EXEMPTION FROM 20 STATE RULES. (1) All public charter schools are under the general supervision 21 of the state board of education. 22 (2)The local board of trustees andthe state board of education are23responsible to ensureEvery authorized chartering entity that grants a charter 24 shall be responsible for ensuring that each public charter school program 25 approved byitthat authorized chartering entity meets the terms of the 26 charter, complies with the general education laws of the state unless specifi- 27 cally directed otherwise in this chapter 52, title 33, Idaho Code, and oper- 28 ates in accordance with the state educational standards of thoroughness as 29 defined in section 33-1612, Idaho Code. 30 (3) Each charter school shall comply with the financial reporting 31 requirements of section 33-701, subsections 5. through 10., Idaho Code, in the 32 same manner as those requirements are imposed upon school districts. 33 (4) Each public charter school is otherwise exempt from rules governing 34 school districts which have been promulgated by the state board of education, 35or by the superintendent of public instruction,with the exception of state 36 rules relating to: 37 (a) Waiver of teacher certification as necessitated by the provisions of 38 section 33-5205(3)(g), Idaho Code; 39 (b) Accreditation of the school as necessitated by the provisions of sec- 40 tion 33-5205(3)(e), Idaho Code; 41 (c) Qualifications of a student for attendance at an alternative school 42 as necessitated by the provisions of section 33-5208(3), Idaho Code;and43 (d) The requirement that all employees of the school undergo a criminal 44 history check as required by section 33-130, Idaho Code; and 45 (e) All rules which specifically pertain to public charter schools pro- 46 mulgated by the state board of education. 47 SECTION 11. That Section 33-5211, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 33-5211. ASSISTANCE WITH PETITIONS -- INFORMATION. (1) The state depart- 50 ment of education shall provide technical assistance to persons or groups pre- 51 paring or revising charter petitions. 12 1 (2) Upon request, the state department of education shalldistributepro- 2 vide the following information concerning a public charter school whose peti- 3 tion has been approved: 4 (a) The public charter school's petition. 5 (b) The annual audit performed at the public charter school pursuant to 6 the public charter school petition. 7 (c) Any written report by the state board of education to the legislature 8 reviewing the educational effectiveness of public charter schools. 9 SECTION 12. That Chapter 52, Title 33, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 33-5213, Idaho Code, and to read as follows: 12 33-5213. PUBLIC CHARTER SCHOOL COMMISSION. (1) There is hereby created 13 an independent public charter school commission, referred to hereinafter as 14 the commission, to be located in the office of the state board of education, 15 pursuant to section 33-105, Idaho Code. It shall be the responsibility and 16 duty of the executive director of the state board of education acting at the 17 direction of the commission to administer and enforce the provisions of this 18 chapter, and the director or his designee, shall serve as secretary to the 19 commission. 20 (2) The public charter school commission shall adopt rules, subject to 21 law, regarding the governance and administration of the commission. 22 (3) The commission shall be composed of seven (7) members: 23 (a) Three (3) members shall be current or former members of boards of 24 directors of Idaho public charter schools, and shall be appointed by the 25 governor, subject to the advice and consent of the senate; provided how- 26 ever, that no current member of a public charter school authorized by the 27 commission shall be eligible for appointment; 28 (b) Three (3) members shall be current or former trustees of an Idaho 29 school district, and shall be appointed by the governor, subject to the 30 advice and consent of the senate; and 31 (c) One (1) member shall be a member of the public at large not directly 32 associated with the Idaho public education system. The six (6) members 33 appointed as provided in paragraphs (a) and (b) of this subsection shall 34 nominate an individual whose name shall be submitted to the governor. At 35 the option of the governor, he may be appointed by the governor, subject 36 to the advice and consent of the senate. If the nominee is rejected by the 37 governor or the senate, another nominee shall be submitted in a similar 38 manner until a seventh member is selected. 39 For the purpose of establishing staggered terms of office, the initial term of 40 office for two (2) commission members shall be four (4) years and thereafter 41 shall be four (4) years; the initial term of office for two (2) members shall 42 be three (3) years and thereafter shall be four (4) years; the initial term of 43 office for two (2) members shall be two (2) years and thereafter shall be four 44 (4) years; and the initial term of office for one (1) member shall be one (1) 45 year and thereafter shall be four (4) years. In making such appointments, the 46 governor shall ensure regional balance. Members of the commission shall hold 47 office until the expiration of the term to which the member was appointed and 48 until a successor has been duly appointed, unless sooner removed for cause by 49 the appointing authority. Whenever a vacancy occurs, the appointing authority 50 shall appoint a qualified person to fill the vacancy for the unexpired portion 51 of the term. 52 (4) All members of the commission shall be citizens of the United States 53 and residents of the state of Idaho for not less than two (2) years. 13 1 (5) The members of the commission shall, at their first regular meeting 2 following the effective date of this act, and every two (2) years thereafter, 3 elect, by a majority vote of the members of the commission, a chairman and a 4 vice-chairman. The chairman shall preside at meetings of the commission, and 5 the vice-chairman shall preside at such meetings in the absence of the chair- 6 man. A majority of the members of the commission shall constitute a quorum. 7 The commission shall meet at such times and places as determined to be neces- 8 sary and convenient, or at the call of the chair. 9 (6) Each member of the commission not otherwise compensated by public 10 moneys shall be compensated as provided in section 59-509(h), Idaho Code. 11 SECTION 13. SEVERABILITY. The provisions of this act are hereby declared 12 to be severable and if any provision of this act or the application of such 13 provision to any person or circumstance is declared invalid for any reason, 14 such declaration shall not affect the validity of the remaining portions of 15 this act. 16 SECTION 14. No provision of this act shall be construed to revoke or 17 otherwise limit the charter of any public charter school existing on the 18 effective date of this act; provided however, that all public charter schools 19 shall come into compliance with the duties and requirements of this act. 20 SECTION 15. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after its 22 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Moyle Seconded by Barraclough IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO HOUSE AMENDMENT TO S.B. NO. 1444 1 AMENDMENT TO THE AMENDMENT TO SECTION 9 2 On page 6 of the printed amendment, in line 1, following "granted." 3 insert: "A public charter school or the authorized chartering entity may enter 4 into negotiations to revise its charter at any time.". 5 AMENDMENT TO THE AMENDMENT 6 On page 7 of the printed amendment, delete lines 1 through 3 and insert: 7 "AMENDMENT TO THE BILL 8 On page 13, delete lines 16 through 19, and renumber the subsequent sec- 9 tion accordingly.". 10 AMENDMENT TO THE CORRECTION TO TITLE 11 On page 7 of the printed amendment, in line 7, delete "and in" and insert: 12 "in"; also in line 7, following "THE"" insert: "; in line 31, delete 13 "GOVERNING EFFECT UPON EXISTING PUB-"; and in line 32, delete "LIC CHARTER 14 SCHOOLS;"". Moved by Rydalch Seconded by Lake IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO S.B. NO. 1444 15 AMENDMENTS TO SECTION 2 16 On page 2 of the printed bill, delete lines 14 through 20 and insert: 17 "(1) "Authorized chartering entity" means either the local board of 18 trustees of a school district in this state, or the public charter school com- 19 mission pursuant to the provisions of this chapter. 20 (2) "Charter" means the grant of authority approved by the authorized 21 chartering entity to the board of directors of the public charter school.". 22 AMENDMENTS TO SECTION 3 23 On page 3, delete lines 18 through 23 and insert: 24 "(3) A public charter school may be formed either by creating a new pub- 25 lic charter school, which charter may be granted by any authorized chartering 26 entity, or by converting an existing traditional public school to a public 27 charterstatusschool, which charter may only be granted by the board of 28 trustees of the school district in which the existing public school is 29 located."; in line 34, following "district." insert: "The limitation provided 30 in this subsection (4)(c) does not apply to a home-based public virtual 31 school."; in line 36, following "commission." insert: "In addition, a charter 32 may also be approved and granted by the state board of education pursuant to 33 section 33-5207(5)(b), Idaho Code."; and delete lines 40 through 42 and 2 1 insert: 2 "(7) The state board of education shall be responsible to designate those 3 public charter schools that will be identified as a local education agency 4 (LEA) as such term is defined in 34 CFR 300.18; however, only public charter 5 schools chartered by the board of trustees of a school district may be 6 included in that district's LEA.". 7 AMENDMENTS TO SECTION 6 8 On page 5, delete lines 38 through 51; delete pages 6 and 7; and on page 9 8, delete lines 1 through 10 and insert: 10 "33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of 11 persons mayrequest the board of trustees of a school districtpetition to 12 establish a new public charter school, or to convert an existing traditional 13 public schoolwithin the school districtto a public charterstatusschool. 14 (a) A petition to establish a new public charter school, including a pub- 15 lic virtual charter school, shall be signed by not fewer than thirty (30) 16 qualified electors of the service area designated in the petition, and 17 shall first be submitted to the local board of trustees in which the pub- 18 lic charter school will be located. The board of trustees may either: (i) 19 consider the petition and approve the charter; or (ii) consider the peti- 20 tion and reject the charter; or (iii) refer the petition to the public 21 charter school commission. If the petitioners and the local board of 22 trustees have not reached mutual agreement on the provisions of the 23 charter, after a reasonable and good faith effort, within thirty (30) days 24 from the date of the submission of the charter petition, the petitioners 25 may withdraw their petition from the local board of trustees and may sub- 26 mit their charter petition to the public charter school commission. 27 (b) A petition to convert an existing traditional public school shall be 28 submitted to the board of trustees of the district in which the school is 29 located for reviewafterand approval. Tthe petitionhas beenshall be 30 signed by notlessfewer than sixty percent (60%) of the teachers cur- 31 rently employed by the school district at the school to be converted, and 32 by one (1) or more parents or guardians of notlessfewer than sixty per- 33 cent (60%) of the students currently attending the school to be converted. 34A petition to establish a new charter school shall be submitted to the35board of trustees of the district for review after the petition has been36signed by not less than thirty (30) qualified electors of the district.37 (2) Not later than thirty (30) days after receiving a petition signed in 38 accordance with the specifications in subsection (1) of this section, the 39board of trusteesauthorized chartering entity shall hold a meeting open to 40 the public for the purpose of discussing the provisions of the charter, at 41 which time theboardauthorized chartering entity shall consider the merits of 42 the petition and the level of employee and parental support for the petition. 43 In the case of a petition submitted to the public charter school commission, 44 the public hearing shall also include any oral or written comments that an 45 authorized representative of the school district in which the proposed public 46 charter school would be physically located may provide regarding the merits of 47 the petition and any potential impacts on the school district. Following 48 review of the petition and the public hearing, theboard of trusteesautho- 49 rized chartering entity shall either grant or deny the charter within sixty 50 (60) days of receipt of the petition, provided however, that the date may be 51 extended by an additional sixty (60) days if the petition fails tomeetcon- 52 tain the requisite signaturesrequirementsor fails to contain all of the 53 information required in this section, or if both parties agree to the exten- 54 sion. 3 1 (3)A board of trusteesAn authorized chartering entity may grant a 2 charterfor operation of a schoolunder the provisions of this chapter only if 3 it determines that the petition contains thenumber ofrequisite signatures, 4required, a statement of each of the conditions described inthe information 5 required by subsection (4) of this section, anddescriptions ofadditional 6 statements describing all of the following: 7 (a) The proposed educational program of the public charter school, 8 designed among other things, to identify what it means to be an "educated 9 person" in the twenty-first century, and how learning best occurs. The 10 goals identified in the program shall include how all educational thor- 11 oughness standards as defined in section 33-1612, Idaho Code, shall be 12 fulfilled. 13 (b) The measurable student educational standards identified for use by 14 the public charter school. "Student educational standards" for the purpose 15 of this chapter means the extent to which all students of the public 16 charter school demonstrate they have attained the skills and knowledge 17 specified as goals in the school's educational program. 18 (c) The method by which student progress in meeting those student educa- 19 tional standards is to be measured. 20 (d) A provision by which students of the public charter school will be 21 tested with the same standardized tests as other Idaho public school stu- 22 dents. 23 (e) A provision which ensures that the public charter school shall be 24 state accredited as provided by rule of the state board of education. 25 (f) The governance structure of the public charter school including, but 26 not limited to, the person or entity who shall be legally accountable for 27 the operation of the public charter school, and the process to be followed 28 by the public charter school to ensure parental involvement. 29 (g) The qualifications to be met by individuals employed by the public 30 charter school. Instructional staff shall be certified teachers, or may 31 apply for a waiver or any of the limited certification options as provided 32 by rule of the state board of education. 33 (h) The procedures that the public charter school will follow to ensure 34 the health and safety of students and staff. 35 (i) Admission procedures, including provision for overenrollment. Such 36 admission procedures shall provide that the iInitial admission procedures 37 for a new public charter school,not a renewal,including provision for 38 overenrollment,which specifies admissionwill be determined by lottery or 39 other random method, except as otherwise provided herein. If initial 40 capacity is insufficient to enroll all pupils who submit a timely applica- 41 tion, then the admission procedures may provide that preference shall be 42 given in the following order: first, to children of founders, provided 43 that this admission preference shall be limited to not more than ten per- 44 cent (10%) of the capacity of the public charter school; second, to sib- 45 lings of pupils already selected by the lottery or other random method; 46 andsecondthird, an equitable selection process such as by lottery or 47 other random method. If capacity is insufficient to enroll all pupils for 48 subsequent school terms, who submit a timely application, then the admis- 49 sion procedures may provide that preference shall be given in the follow- 50 ing order: first, to pupils returning to the public charter school in the 51 second or any subsequent year of its operation; second, to children of 52 founders, provided that this admission preference shall be limited to not 53 more than ten percent (10%) of the capacity of the public charter school; 54 third, to siblings of pupils already enrolled in the public charter 55 school; andthirdfourth, an equitable selection process such as by lot- 4 1 tery or other random method. There shall be no carryover from year to year 2 of the list maintained to fill vacancies. A new lottery shall be conducted 3 each year to fill vacancies which become available. 4 (j) The manner in which an annual audit of the financial and programmatic 5 operations of the public charter school is to be conducted. 6 (k) The disciplinary proceduresby whichthat the public charter school 7 will utilize, including the procedure by which studentscanmay be sus- 8 pended, expelled and reenrolled. 9 (l) A provision which ensures that all staff members of the public 10 charter school will be covered by the public employee retirement system, 11 federal social security, unemployment insurance and worker's compensation 12 insurance. 13 (m) The public school attendance alternative for students residing within 14 the school district who choose not to attend the public charter school. 15 (n) A description of the transfer rights of any employee choosing to work 16 in a public charter school and the rights of such employees to return to 17 any noncharter school in the school district after employment at a public 18 charter school. 19 (o) A provision which ensures that the staff of the public charter school 20 shall be considered a separate unit for purposes of collective bargaining. 21 (p) The procedures to be followed by the public charter school and the 22 authorized chartering entitygranting the charterto resolve disputes 23 relating to provisions of the charter. 24 (q) The manner by which special education services will be provided to 25 students with disabilities who are eligible pursuant to the federal indi- 26 viduals with disabilities education act. 27 (r) The manner by which eligible students from the public charter school 28 shall be allowed to participate in dual enrollment in noncharter schools 29 within the same district as the public charter school, as provided for in 30chapter 2, title 33section 33-203(7), Idaho Code. 31 (s) The process by which the citizens in the area of attendance shall be 32 made aware of the enrollment opportunities of the public charter school. 33 (4) The petitioner shall provide information regarding the proposed oper- 34 ation and potential effects of the public charter school including, but not 35 limited to, the facilities to be utilized by the public charter school, the 36 manner in which administrative services of the public charter school are to be 37 provided and the potential civil liability effects upon the public charter 38 school and upon thedistrictauthorized chartering entity.". 39 AMENDMENT TO SECTION 7 40 On page 8, in line 48, delete "(jk)" and insert: "(j)". 41 AMENDMENTS TO SECTION 8 42 On page 9, delete lines 2 through 54; and on page 10, delete lines 1 43 through 10 and insert: 44 "33-5207. CHARTER APPEAL PROCEDURE. (1) If a local school board of 45 trustees, acting in its capacity as an authorized chartering entity, grants a 46 charter for the conversion of an existing traditional public school within the 47 school district over the objection of thirty (30) or more persons or employees 48 of the district, or if an authorized chartering entity denies a petition for 49 the establishment of a new public charter school for any reason including, but 50 not limited to, failure by the petitioner to follow procedures or for failure 51 to provide required information, then such decisions may be appealed to the 52 state superintendent of public instruction, at the request of persons opposing 53 the conversion of an existing traditional public school, or at the request of 5 1 the petitioner whose request for a new charter was denied. 2 (2) The state superintendent of public instruction shall select a hearing 3 officer to review the action of thelocal board of trusteesauthorized char- 4 tering entity, pursuant to section 67-5242, Idaho Code. The hearing officer 5 shall, within thirty (30) days of the request, review the charter petition and 6 convene a public hearing regarding the charterrequestpetition. Within ten 7 (10) days of the public hearing, the hearing officer shall submit a written 8 recommendation to thelocal board of trusteesauthorized chartering entity and 9 to the persons requesting the review. The recommendation by the hearing offi- 10 cer either to affirm or reverse the decision of the authorized chartering 11 entity shall be based upon the standards and criteria contained in this chap- 12 ter and upon any public charter school rules adopted by the state board of 13 education. The recommendation shall be in writing and accompanied by a 14 reasoned statement that explains the criteria and standards considered rele- 15 vant, states the relevant contested facts relied upon, and explains the ratio- 16 nale for the recommendations based on the applicable statutory provisions and 17 factual information contained in the record. 18 (3) Within thirty (30) days following receipt of the hearing officer's 19 written recommendation, thelocal board of trusteesauthorized chartering 20 entity shall hold a public hearing. Within ten (10) days of this hearing, the 21local board of trusteesauthorized chartering entity shall either affirm or 22 reverse its initial decision. Theboard'sauthorized chartering entity's deci- 23 sion shall be in writing and contain findings which explain the reasons for 24 its decision. 25 (4) If, upon reconsideration of a decision to approve the conversion of 26 an existingtraditional public school to a public charter school, the local 27 school board: 28 (a) Affirms its initial decision to authorize such conversion, the 29 charter shall be granted and there shall be no further appeal. 30 (b) Reverses its initial decision and denies the conversion, that deci- 31 sion is final and there shall be no further appeal. 32 (5) If, upon reconsideration of a decision to deny establishment of a new 33 public charter school, thelocal school boardauthorized chartering entity: 34 (a) Reverses its initial decision and approves the new public charter 35 school, the charter shall be granted and there shall be no further appeal. 36 (b) Affirms its initial decision denying the new public charter school, 37 the petitioners for the establishment of the new public charter school may 38 appeal to the state board of education. The state board of education shall 39 hold a public hearingat its next regular meetingwithin a reasonable time 40 after receiving notice of such appeal but no later than sixty (60) calen- 41 dar days after receiving such notice, and after the public hearing, shall 42 take any of the following actions: (i) approve the charter for the estab- 43 lishment of a new public charter school if it determines that thelocal44board of trusteesauthorized chartering entity failed to appropriately 45 consider the charterrequestpetition, or ifthe local boardit acted in 46 an arbitrary manner in denying the request; (ii) remand the matter back to 47 the authorized chartering entity for further review as directed by the 48 state board of education; or (iii) redirect the matter to another autho- 49 rized chartering entity for further review as directed by the state board 50 of education. Such public hearing shall be conducted pursuant to proce- 51 dures as set by the state board of education. 52 (6) A public charter school for which a charter is granted by the state 53 board of education shall qualify fully as a public charter school for all 54 funding and other purposes of this chapter. Thestate board of educationpub- 55 lic charter school commission shall assume the role of the authorized charter- 6 1 ing entity for any charter authorized by the state board of education as pro- 2 vided in subsection (5)(b) of this section. Employees of a public charter 3 school authorized by the state board of education shall not be considered 4 employees of the local school district in which the public charter school is 5 located, nor of the state board of education, nor of the commission. 6 (7) Thefindingdecision of the state board of education shall be subject 7 to review pursuant to chapter 52, title 67, Idaho Code. Nothing in this sec- 8 tion shall prevent a petitioner from bringing a new petition at a later time. 9 (8) There shall be no appeal of a decision by a local school board of 10 trustees which denies the conversion of an existing traditional public school 11 within that district to a public charter school, or which grants a petition 12 for the establishment of a new public charter school.". 13 AMENDMENTS TO SECTION 9 14 On page 10, delete lines 13 through 53; and on page 11, delete lines 1 15 through 16 and insert: 16 "33-5209.TIME LIMITSENFORCEMENT -- REVOCATION -- APPEAL. (1)A charter17granted pursuant to this chapter shall be valid for a period not to exceed18five (5) years. A charter may be granted one (1) or more subsequent renewals19by the original granting authority. Each renewal shall be valid for a period20not to exceed five (5) years. A material revision of the provisions of the21charter petition may be made only with the approval of the authority which22granted the charterAn authorized chartering entity shall ensure that all pub- 23 lic charter schools for which it authorized charters, or for which it has 24 responsibility, operate in accordance with the charter granted. A public 25 charter school may petition to revise its charter at any time. The authorized 26 chartering entity's review of the revised petition shall be limited in scope 27 solely to the proposed revisions. 28 (2)A charter may be revoked by the original granting authority iIf the 29authority findsauthorized chartering entity has reason to believe that the 30 public charter school has done any of the following, it shall provide the pub- 31 lic charter school written notice of the defect and provide a reasonable 32 opportunity to cure the defect: 33 (a) Committed a material violation of any condition, standard or proce- 34 dure set forth in the approved charter;petition;35 (b) Failed to substantially meet any of the student educational standards 36 identified in the approved charter;petition;37 (c) Failed to meet generally accepted accounting standards of fiscal man- 38 agement; 39 (d) Failed to submit required reports to theauthority whichauthorized 40 chartering entity governing the charter; or 41 (e) Violated any provision of law. 42 (3) A charter may be revoked by the authorized chartering entity if the 43 public charter school has failed to cure a defect after receiving reasonable 44 notice and having had a reasonable opportunity to cure the defect. Revocation 45 may not occur until the public charter school has been afforded a public hear- 46 ing and a reasonable opportunity to cure the defect, unless the authorized 47 chartering entity reasonably determines that the continued operation of the 48 public charter school presents an imminent public safety issue, in which case 49 the charter may be revoked immediately. Public hearings shall be conducted by 50 the governing authorized chartering entity, or such other person or persons 51 appointed by the authorized chartering entity to conduct public hearings and 52 receive evidence as a contested case in accordance with section 67-5242, Idaho 53 Code. Reasonable notice and opportunity to reply shall include, at a minimum, 54 written notice setting out the basis for consideration of revocation, a period 7 1 of not less than thirty (30) days within which the public charter school can 2 reply in writing, and a public hearing within thirty (30) days of the receipt 3 of the written reply. 4 (4) A decision to revoke, not to renew,or not to approve a revision of a 5 charter may be appealed directly to the state board of education. With respect 6 to such appeal, tThe state board of education shallessentiallyfollow the 7 procedure as provided in section 33-5207(5)(b), Idaho Code. In the event the 8 state board of education reverses a decision of revocation, the public charter 9 school subject to such action shall then be placed under the chartering 10 authority of the commission.". 11 AMENDMENTS TO SECTION 12 12 On page 12, in line 26, following "current" insert: "board"; and delete 13 lines 31 through 46 and insert: 14 "(c) One (1) member shall be a member of the public at large not directly 15 associated with the Idaho public education system, and shall be appointed 16 by the governor, subject to the advice and consent of the senate. 17 For the purpose of establishing staggered terms of office, the initial term of 18 office for three (3) commission members shall be four (4) years and thereafter 19 shall be four (4) years; the initial term of office for two (2) members shall 20 be three (3) years and thereafter shall be four (4) years; and the initial 21 term of office for two (2) members shall be two (2) years and thereafter shall 22 be four (4) years. In making such appointments, the governor shall consider 23 regional balance. Members of the commission shall hold". 8 1 AMENDMENTS TO SECTION 14 2 On page 13, in line 18, following "act" delete the remainder of the line; 3 delete line 19 and insert: ".". 4 CORRECTION TO TITLE 5 On page 1, in line 7, following "SCHOOL," insert: "TO PROVIDE THAT A NEW 6 PUBLIC CHARTER SCHOOL MAY BE APPROVED BY AN AUTHORIZED CHARTERING ENTITY,"; 7 and in line 23, delete "PROVIDE" and insert: "CLARIFY THE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1444, As Amended in the House, As Amended in the House BY FINANCE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202, IDAHO CODE, TO 3 CLARIFY LEGISLATIVE INTENT; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY 4 THE ADDITION OF A NEW SECTION 33-5202A, IDAHO CODE, TO DEFINE TERMS; 5 AMENDING SECTION 33-5203, IDAHO CODE, TO REVISE LIMITS ON THE NUMBER OF 6 PUBLIC CHARTER SCHOOLS, TO GOVERN METHODS OF FORMING A PUBLIC CHARTER 7 SCHOOL, TO PROVIDE THAT A NEW PUBLIC CHARTER SCHOOL MAY BE APPROVED BY AN 8 AUTHORIZED CHARTERING ENTITY, TO PROVIDE ADDITIONAL LIMITATIONS ON AUTHO- 9 RIZING A CHARTER, TO PROVIDE RULES TO BE ADOPTED BY THE STATE BOARD OF 10 EDUCATION AND TO DESIGNATE CERTAIN LOCAL EDUCATIONAL AGENCIES; AMENDING 11 SECTION 33-5204, IDAHO CODE, TO CLARIFY LIABILITY FOR PUBLIC CHARTER 12 SCHOOLS AND TO SPECIFY CERTAIN PROHIBITED ACTS; AMENDING CHAPTER 52, TITLE 13 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-5204A, IDAHO CODE, TO 14 GOVERN APPLICABILITY OF PROFESSIONAL CODES AND STANDARDS TO EMPLOYEES OF 15 PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO FURTHER 16 GOVERN PROCEDURE FOR A PETITION TO ESTABLISH A PUBLIC CHARTER SCHOOL AND 17 TO FURTHER GOVERN PERMITTED ADMISSION PROCEDURES; AMENDING SECTION 18 33-5206, IDAHO CODE, TO PROVIDE REFERENCES TO AUTHORIZED CHARTERING ENTITY 19 AND TO FURTHER GOVERN REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A 20 PUBLIC CHARTER SCHOOL; AMENDING SECTION 33-5207, IDAHO CODE, TO PROVIDE 21 REFERENCES TO AUTHORIZED CHARTERING ENTITY AND TO FURTHER GOVERN APPEAL 22 PROCEDURES; AMENDING SECTION 33-5209, IDAHO CODE, TO STRIKE CERTAIN 23 RENEWAL REQUIREMENTS, TO PROVIDE REFERENCES TO AUTHORIZED CHARTERING 24 ENTITY, TO PROVIDE FOR PUBLIC HEARING OF DETERMINATION TO REVOKE A CHARTER 25 AND TO CLARIFY THE APPEAL PROCEDURE; AMENDING SECTION 33-5210, IDAHO CODE, 26 TO PROVIDE REFERENCES TO AUTHORIZED CHARTERING ENTITY, TO REQUIRE CERTAIN 27 FINANCIAL REPORTING AND TO SPECIFY APPLICATION OF RULES WHICH SPECIFICALLY 28 PERTAIN TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5211, IDAHO CODE, 29 TO REVISE INFORMATION DISTRIBUTION REQUIREMENTS; AMENDING CHAPTER 52, 30 TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-5213, IDAHO 31 CODE, TO CREATE AN INDEPENDENT PUBLIC CHARTER SCHOOL COMMISSION, TO PRO- 32 VIDE MEMBERS AND PROVIDE FOR MEETINGS; PROVIDING SEVERABILITY; AND DECLAR- 33 ING AN EMERGENCY. 34 Be It Enacted by the Legislature of the State of Idaho: 35 SECTION 1. That Section 33-5202, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-5202. LEGISLATIVE INTENT. It is the intent of the legislature to pro- 38 vide opportunities for teachers, parents, students and community members to 39 establish and maintain public charter schools which operate independently from 40 the existing traditional school district structure but within the existing 41 public school system as a method to accomplishallany of the following: 42 (1) Improve student learning; 43 (2) Increase learning opportunities for all students, with special empha- 2 1 sis on expanded learning experiences for students; 2 (3) Include the use of different and innovative teaching methods; 3 (4) Utilize virtual distance learning and on-line learning; 4 (5) Create new professional opportunities for teachers, including the 5 opportunity to be responsible for the learning program at the school site; 6 (6) Provide parents and students with expanded choices in the types of 7 educational opportunities that are available within the public school system; 8 (7) Hold the schools established under this chapter accountable for meet- 9 ing measurable student educational standards. 10 SECTION 2. That Chapter 52, Title 33, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 33-5202A, Idaho Code, and to read as follows: 13 33-5202A. DEFINITIONS. As used in this chapter, unless the context 14 requires otherwise: 15 (1) "Authorized chartering entity" means either the local board of 16 trustees of a school district in this state, or the public charter school com- 17 mission pursuant to the provisions of this chapter. 18 (2) "Charter" means the grant of authority approved by the authorized 19 chartering entity to the board of directors of the public charter school. 20 (3) "Founder" means a person, including employees or staff of a public 21 charter school, who makes a material contribution toward the establishment of 22 a public charter school in accordance with criteria determined by the board of 23 directors of the public charter school, and who is designated as such at the 24 time the board of directors acknowledges and accepts such contribution. The 25 criteria for determining when a person is a founder shall not discriminate 26 against any person on any basis prohibited by the federal or state 27 constitutions or any federal, state or local law. The designation of a person 28 as a founder, and the admission preferences available to the children of a 29 founder, shall not constitute pecuniary benefits. 30 (4) "Petition" means the document submitted by a person or persons to the 31 authorized chartering entity to request the creation of a public charter 32 school. 33 (5) "Public charter school" means a school that is authorized under this 34 chapter to deliver public education in Idaho. 35 (6) "Public virtual school" means a public charter school that may serve 36 students in more than one (1) school district and that provides instruction to 37 pupils primarily through virtual distance learning or online technologies. A 38 building-based public virtual school primarily provides such instruction at 39 one (1) or more central building locations. A home-based public virtual school 40 primarily provides such instruction directly to the pupil at home. 41 (7) "Traditional public school" means any school existing or to be built 42 that is operated and controlled by a school district in this state. 43 SECTION 3. That Section 33-5203, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter 46 schools is hereby authorized. Public cCharter schools shall be part of the 47 state's program of public education. 48 (2)It is the intent of the legislature that tThe number of charter 49 schools which may be approvedin each of the first five (5) years after the50effective date of this actshall be limited in numberand geographic distribu-51tionin accordance with the following: 3 1 (a)Not more than sixty (60) schools may be approved in the first five2(5) years after the effective date of this act, and3(b)Not more thantwelvesix (126) newly-chartered public schools may be 4 approvedinfor any one (1) school year, and 5(c) Not more than two (2) charters per year may be granted within an edu-6cational classification region as established by the state board of educa-7tion, and8 (db) Not more than one (1) newly-chartered public school may be granted 9 for any one (1) school districtinfor a school year, and 10 (ec) No whole school district may be converted to a charter district or 11 any configuration which includes all schools as public charter schools. 12The legislature further finds that, notwithstanding the limitations of this13subsection (2), if fewer than twelve (12) charters are approved by June 1 of a14year, the unused allotments shall be assigned to a statewide pool for use by15other requesting districts. Distributions from the pool shall be made by ran-16dom drawing.17 (3) A public charter school may be formed either by creating a new public 18 charter school, which charter may be granted by any authorized chartering 19 entity, or by converting an existing traditional public school to a public 20 charterstatusschool, which charter may only be granted by the board of 21 trustees of the school district in which the existing public school is 22 located. 23 (4) No charter shall be granted under this chapter:which authorizes24 (a) Which provides for the conversion of any existing private or paro- 25 chial school to a public charter school. 26 (b)No charter shall be granted tTo a for-profit entity or any school 27 which is operated by a for-profit entity, provided however, nothing herein 28 shall prevent the board of directors of a public charter school from 29 legally contracting with for-profit entities for the provision of products 30 or services that aid in the operation of the school. 31 (c) By the board of trustees of a school district if the public charter 32 school's physical location is outside the boundaries of the authorizing 33 school district. The limitation provided in this subsection (4)(c) does 34 not apply to a home-based public virtual school. 35 (5) A public virtual school charter may be granted by the public charter 36 school commission. In addition, a charter may also be approved and granted by 37 the state board of education pursuant to section 33-5207(5)(b), Idaho Code. 38 (6) The state board of education shall adopt rules, subject to law, to 39 establish a consistent application and review process for the approval and 40 maintenance of all public charter schools. 41 (7) The state board of education shall be responsible to designate those 42 public charter schools that will be identified as a local education agency 43 (LEA) as such term is defined in 34 CFR 300.18; however, only public charter 44 schools chartered by the board of trustees of a school district may be 45 included in that district's LEA. 46 SECTION 4. That Section 33-5204, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A public 49 charter school shall be organized and managed under the Idaho nonprofit corpo- 50 ration act. The board of directors of a public charter school shall be deemed 51 public agents authorized by a public school district or the state board of 52 education to control the public charter school, but shall function indepen- 53 dently of any school board of trustees in any school district in which the 4 1 public charter school is located, except as provided in the charter.A charter2school shall be considered a public school for all purposes and shall comply3with the audit reporting requirements of section 33-701 6., Idaho Code, and4shall annually file financial and statistical reports as required in section533-701 7., Idaho Code.For the purposes of section 59-1302(15), Idaho Code, a 6 public charter school created pursuant to this chapter shall be deemed a gov- 7 ernmental entity. Pursuant to the provisions of section 63-3622O, Idaho Code, 8 sales to or purchases by a public charter school are exempt from payment of 9 the sales and use tax. A public charter school and the board of directors of a 10 public charter school are subject to the provisions of: 11 (a) Sections 18-1351 through 18-1362, Idaho Code, on bribery and corrupt 12 influence; 13 (b) Chapter 2, title 59, Idaho Code, on prohibitions against contracts 14 with officers; 15 (c) Chapter 7, title 59, Idaho Code, on ethics in government; 16 (d) Cchapter 23, title 67, Idaho Code, on open public meetings; and 17 (e) Cchapter 3, title 9, Idaho Code, on disclosure of public records 18 in the same manner that a traditional public school and the board of school 19 trustees of a school district are subject to those provisions. 20 (2) A public charter school may sue or be sued, purchase, receive, hold 21 and convey real and personal property for school purposes, and borrow money 22 for such purposes, to the same extent and on the same conditions as a tradi- 23 tional public school district, and its employees, directors and officers shall 24 enjoy the same immunities as employees, directors and officers of traditional 25 public school districts and other public schools, including those provided by 26 chapter 9, title 6, Idaho Code. Theapproving authority ofauthorized charter- 27 ing entity that grants a public school charterschoolshall have no liability 28 for the acts, omissions, debts or other obligations of a public charter 29 school, except as may be provided inan agreement or contract with suchthe 30 charter. A local public school district shall have no liability for the acts, 31 omissions, debts or other obligations of a public charter school located in 32 its district that has been approved by an authorized chartering entity other 33 than the board of trustees of the local school district. 34 (3) Nothing in this chapter shall prevent the board of directors of a 35 public charter school, operating as a nonprofit corporation, from borrowing 36 money to finance the purchase or lease of school building facilities, equip- 37 ment and furnishings of those school building facilities. Subject to the terms 38 of a contractual agreement between the board and a lender, nothing herein 39 shall prevent the board from using the facility, its equipment and furnish- 40 ings, as collateral for the loan. 41 (4) Public cCharter schools shall secure insurance for liability and 42 property loss. 43 (5) It shall be unlawful for: 44 (a) Any director to have pecuniary interest directly or indirectly in any 45 contract or other transaction pertaining to the maintenance or conduct of 46 the authorized chartering entity and charter, or to accept any reward or 47 compensation for services rendered as a director except as may be other- 48 wise provided in this subsection (5). The board of directors of a public 49 charter school may accept and award contracts involving the public charter 50 school to businesses in which the director or a person related to him by 51 blood or marriage within the second degree has a direct or indirect inter- 52 est, provided that the procedures set forth in section 18-1361 or 53 18-1361A, Idaho Code, are followed. The receiving, soliciting or accep- 54 tance of moneys of a public charter school for deposit in any bank or 55 trust company, or the lending of moneys by any bank or trust company to 5 1 any public charter school, shall not be deemed to be a contract pertaining 2 to the maintenance or conduct of a public charter school and authorized 3 chartering entity within the meaning of this section; nor shall the pay- 4 ment by any public charter school board of directors of compensation to 5 any bank or trust company for services rendered in the transaction of any 6 banking business with such public charter school board of directors be 7 deemed the payment of any reward or compensation to any officer or direc- 8 tor of any such bank or trust company within the meaning of this section. 9 (b) The board of directors of any public charter school to enter into or 10 execute any contract with the spouse of any member of such board, the 11 terms of which said contract require, or will require, the payment or 12 delivery of any public charter school funds, moneys or property to such 13 spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code. 14 (6) When any relative of any director or relative of the spouse of a 15 director related by affinity or consanguinity within the second degree is to 16 be considered for employment in a public charter school, such director shall 17 abstain from voting in the election of such relative, and shall be absent from 18 the meeting while such employment is being considered and determined. 19 SECTION 5. That Chapter 52, Title 33, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 21 ignated as Section 33-5204A, Idaho Code, and to read as follows: 22 33-5204A. APPLICABILITY OF PROFESSIONAL CODES AND STANDARDS -- LIMITA- 23 TIONS UPON AUTHORITY. (1) Every person who serves in a public charter school, 24 either as an employee, contractor, or otherwise, in the capacity of teacher, 25 supervisor, administrator, education specialist, school nurse or librarian, 26 must comply with the professional codes and standards approved by the state 27 board of education, including standards for ethics or conduct. 28 (2) Every employee of a public charter school and every member of the 29 board of directors of a public charter school, whether compensated or 30 noncompensated, shall comply with the standards of ethics or conduct applica- 31 ble to public officials including, but not limited to, chapter 7, title 59, 32 Idaho Code, except that section 59-704A, Idaho Code, which permits a 33 noncompensated public official to have an interest in a contract made or 34 entered into by the board of which he is a member under certain conditions, 35 shall not apply to the board of directors of a public charter school. A member 36 of the board of directors of a public charter school is prohibited from 37 receiving a personal pecuniary benefit, directly or indirectly, pertaining to 38 a contractual relationship with the public charter school. 39 SECTION 6. That Section 33-5205, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of 42 persons mayrequest the board of trustees of a school districtpetition to 43 establish a new public charter school, or to convert an existing traditional 44 public schoolwithin the school districtto a public charterstatusschool. 45 (a) A petition to establish a new public charter school, including a pub- 46 lic virtual charter school, shall be signed by not fewer than thirty (30) 47 qualified electors of the service area designated in the petition, and 48 shall first be submitted to the local board of trustees in which the pub- 49 lic charter school will be located. The board of trustees may either: (i) 50 consider the petition and approve the charter; or (ii) consider the peti- 51 tion and reject the charter; or (iii) refer the petition to the public 6 1 charter school commission. If the petitioners and the local board of 2 trustees have not reached mutual agreement on the provisions of the 3 charter, after a reasonable and good faith effort, within thirty (30) days 4 from the date of the submission of the charter petition, the petitioners 5 may withdraw their petition from the local board of trustees and may sub- 6 mit their charter petition to the public charter school commission. 7 (b) A petition to convert an existing traditional public school shall be 8 submitted to the board of trustees of the district in which the school is 9 located for reviewafterand approval. Tthe petitionhas beenshall be 10 signed by notlessfewer than sixty percent (60%) of the teachers cur- 11 rently employed by the school district at the school to be converted, and 12 by one (1) or more parents or guardians of notlessfewer than sixty per- 13 cent (60%) of the students currently attending the school to be converted. 14A petition to establish a new charter school shall be submitted to the15board of trustees of the district for review after the petition has been16signed by not less than thirty (30) qualified electors of the district.17 (2) Not later than thirty (30) days after receiving a petition signed in 18 accordance with the specifications in subsection (1) of this section, the 19board of trusteesauthorized chartering entity shall hold a meeting open to 20 the public for the purpose of discussing the provisions of the charter, at 21 which time theboardauthorized chartering entity shall consider the merits of 22 the petition and the level of employee and parental support for the petition. 23 In the case of a petition submitted to the public charter school commission, 24 the public hearing shall also include any oral or written comments that an 25 authorized representative of the school district in which the proposed public 26 charter school would be physically located may provide regarding the merits of 27 the petition and any potential impacts on the school district. Following 28 review of the petition and the public hearing, theboard of trusteesautho- 29 rized chartering entity shall either grant or deny the charter within sixty 30 (60) days of receipt of the petition, provided however, that the date may be 31 extended by an additional sixty (60) days if the petition fails tomeetcon- 32 tain the requisite signaturesrequirementsor fails to contain all of the 33 information required in this section, or if both parties agree to the exten- 34 sion. 35 (3)A board of trusteesAn authorized chartering entity may grant a 36 charterfor operation of a schoolunder the provisions of this chapter only if 37 it determines that the petition contains thenumber ofrequisite signatures, 38required, a statement of each of the conditions described inthe information 39 required by subsection (4) of this section, anddescriptions ofadditional 40 statements describing all of the following: 41 (a) The proposed educational program of the public charter school, 42 designed among other things, to identify what it means to be an "educated 43 person" in the twenty-first century, and how learning best occurs. The 44 goals identified in the program shall include how all educational thor- 45 oughness standards as defined in section 33-1612, Idaho Code, shall be 46 fulfilled. 47 (b) The measurable student educational standards identified for use by 48 the public charter school. "Student educational standards" for the purpose 49 of this chapter means the extent to which all students of the public 50 charter school demonstrate they have attained the skills and knowledge 51 specified as goals in the school's educational program. 52 (c) The method by which student progress in meeting those student educa- 53 tional standards is to be measured. 54 (d) A provision by which students of the public charter school will be 55 tested with the same standardized tests as other Idaho public school stu- 7 1 dents. 2 (e) A provision which ensures that the public charter school shall be 3 state accredited as provided by rule of the state board of education. 4 (f) The governance structure of the public charter school including, but 5 not limited to, the person or entity who shall be legally accountable for 6 the operation of the public charter school, and the process to be followed 7 by the public charter school to ensure parental involvement. 8 (g) The qualifications to be met by individuals employed by the public 9 charter school. Instructional staff shall be certified teachers, or may 10 apply for a waiver or any of the limited certification options as provided 11 by rule of the state board of education. 12 (h) The procedures that the public charter school will follow to ensure 13 the health and safety of students and staff. 14 (i) Admission procedures, including provision for overenrollment. Such 15 admission procedures shall provide that the iInitial admission procedures 16 for a new public charter school,not a renewal,including provision for 17 overenrollment,which specifies admissionwill be determined by lottery or 18 other random method, except as otherwise provided herein. If initial 19 capacity is insufficient to enroll all pupils who submit a timely applica- 20 tion, then the admission procedures may provide that preference shall be 21 given in the following order: first, to children of founders, provided 22 that this admission preference shall be limited to not more than ten per- 23 cent (10%) of the capacity of the public charter school; second, to sib- 24 lings of pupils already selected by the lottery or other random method; 25 andsecondthird, an equitable selection process such as by lottery or 26 other random method. If capacity is insufficient to enroll all pupils for 27 subsequent school terms, who submit a timely application, then the admis- 28 sion procedures may provide that preference shall be given in the follow- 29 ing order: first, to pupils returning to the public charter school in the 30 second or any subsequent year of its operation; second, to children of 31 founders, provided that this admission preference shall be limited to not 32 more than ten percent (10%) of the capacity of the public charter school; 33 third, to siblings of pupils already enrolled in the public charter 34 school; andthirdfourth, an equitable selection process such as by lot- 35 tery or other random method. There shall be no carryover from year to year 36 of the list maintained to fill vacancies. A new lottery shall be conducted 37 each year to fill vacancies which become available. 38 (j) The manner in which an annual audit of the financial and programmatic 39 operations of the public charter school is to be conducted. 40 (k) The disciplinary proceduresby whichthat the public charter school 41 will utilize, including the procedure by which studentscanmay be sus- 42 pended, expelled and reenrolled. 43 (l) A provision which ensures that all staff members of the public 44 charter school will be covered by the public employee retirement system, 45 federal social security, unemployment insurance and worker's compensation 46 insurance. 47 (m) The public school attendance alternative for students residing within 48 the school district who choose not to attend the public charter school. 49 (n) A description of the transfer rights of any employee choosing to work 50 in a public charter school and the rights of such employees to return to 51 any noncharter school in the school district after employment at a public 52 charter school. 53 (o) A provision which ensures that the staff of the public charter school 54 shall be considered a separate unit for purposes of collective bargaining. 55 (p) The procedures to be followed by the public charter school and the 8 1 authorized chartering entitygranting the charterto resolve disputes 2 relating to provisions of the charter. 3 (q) The manner by which special education services will be provided to 4 students with disabilities who are eligible pursuant to the federal indi- 5 viduals with disabilities education act. 6 (r) The manner by which eligible students from the public charter school 7 shall be allowed to participate in dual enrollment in noncharter schools 8 within the same district as the public charter school, as provided for in 9chapter 2, title 33section 33-203(7), Idaho Code. 10 (s) The process by which the citizens in the area of attendance shall be 11 made aware of the enrollment opportunities of the public charter school. 12 (4) The petitioner shall provide information regarding the proposed oper- 13 ation and potential effects of the public charter school including, but not 14 limited to, the facilities to be utilized by the public charter school, the 15 manner in which administrative services of the public charter school are to be 16 provided and the potential civil liability effects upon the public charter 17 school and upon thedistrictauthorized chartering entity. 18 SECTION 7. That Section 33-5206, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 33-5206. REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER 21 SCHOOL. (1) In addition to any other requirements imposed in this chapter, a 22 public charter school shall be nonsectarian in its programs, affiliations, 23 admission policies, employment practices, and all other operations, shall not 24 charge tuition, levy taxes or issue bonds, and shall not discriminate against 25 any student on any basis prohibited by the federal or state constitutions or 26 any federal, state or local law. Admission to a public charter school shall 27 not be determined according to the place of residence of the student, or of 28 the student's parent or guardian within the district, except that a new or 29 conversion public charter school established under the provisions of this 30 chapter shall adopt and maintain a policy giving admission preference to stu- 31 dents who reside within the attendance area of that public charter school. 32 (2) No board of trustees shall require any employee of the school dis- 33 trict to be involuntarily assigned to work in a public charter school. 34 (3) Certified teachers in a public charter school shall be considered 35 public school teachers. Educational experience shall accrue for service in a 36 public charter school and such experience shall be counted by any school dis- 37 trict to which the teacher returns after employment in a public charter 38 school. 39 (4) No board of trustees shall require any student enrolled in the school 40 district to attend a public charter school. 41 (5) Upon approval of the petition by theboard of trusteesauthorized 42 chartering entity, the petitioner shall provide written notice of that 43 approval, including a copy of the petition, to the state board of education. 44 For the purpose of implementing the provisions of section 33-5203(2), Idaho 45 Code, the state board of education shall assign a number to each petition it 46 receives. Petitions shall be numbered based on the chronological order in 47 which notice of the approved petition is received by the state board of educa- 48 tion. 49 (6) Each public charter school shall annually submit a report to the 50local board of trusteesauthorized chartering entity which approved its 51 charter.In the case of a new charter school whose charter was granted by the52state board of education pursuant to section 33-5207, Idaho Code, the annual53report shall be submitted to the state board of education.The report shall 9 1 contain the audit of the fiscal and programmatic operations as required in 2 section 33-5205(3)(j), Idaho Code, a report on student progress based on the 3 public charter school's student educational standards identified in section 4 33-5205(3)(b), Idaho Code, and a copy of the public charter school's accredi- 5 tation report. 6 SECTION 8. That Section 33-5207, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5207. CHARTER APPEAL PROCEDURE. (1) If a local school board of 9 trustees, acting in its capacity as an authorized chartering entity, grants a 10 charter for the conversion of an existing traditional public school within the 11 school district over the objection of thirty (30) or more persons or employees 12 of the district, or if an authorized chartering entity denies a petition for 13 the establishment of a new public charter school for any reason including, but 14 not limited to, failure by the petitioner to follow procedures or for failure 15 to provide required information, then such decisions may be appealed to the 16 state superintendent of public instruction, at the request of persons opposing 17 the conversion of an existing traditional public school, or at the request of 18 the petitioner whose request for a new charter was denied. 19 (2) The state superintendent of public instruction shall select a hearing 20 officer to review the action of thelocal board of trusteesauthorized char- 21 tering entity, pursuant to section 67-5242, Idaho Code. The hearing officer 22 shall, within thirty (30) days of the request, review the charter petition and 23 convene a public hearing regarding the charterrequestpetition. Within ten 24 (10) days of the public hearing, the hearing officer shall submit a written 25 recommendation to thelocal board of trusteesauthorized chartering entity and 26 to the persons requesting the review. The recommendation by the hearing offi- 27 cer either to affirm or reverse the decision of the authorized chartering 28 entity shall be based upon the standards and criteria contained in this chap- 29 ter and upon any public charter school rules adopted by the state board of 30 education. The recommendation shall be in writing and accompanied by a 31 reasoned statement that explains the criteria and standards considered rele- 32 vant, states the relevant contested facts relied upon, and explains the ratio- 33 nale for the recommendations based on the applicable statutory provisions and 34 factual information contained in the record. 35 (3) Within thirty (30) days following receipt of the hearing officer's 36 written recommendation, thelocal board of trusteesauthorized chartering 37 entity shall hold a public hearing. Within ten (10) days of this hearing, the 38local board of trusteesauthorized chartering entity shall either affirm or 39 reverse its initial decision. Theboard'sauthorized chartering entity's deci- 40 sion shall be in writing and contain findings which explain the reasons for 41 its decision. 42 (4) If, upon reconsideration of a decision to approve the conversion of 43 an existingtraditional public school to a public charter school, the local 44 school board: 45 (a) Affirms its initial decision to authorize such conversion, the 46 charter shall be granted and there shall be no further appeal. 47 (b) Reverses its initial decision and denies the conversion, that deci- 48 sion is final and there shall be no further appeal. 49 (5) If, upon reconsideration of a decision to deny establishment of a new 50 public charter school, thelocal school boardauthorized chartering entity: 51 (a) Reverses its initial decision and approves the new public charter 52 school, the charter shall be granted and there shall be no further appeal. 53 (b) Affirms its initial decision denying the new public charter school, 10 1 the petitioners for the establishment of the new public charter school may 2 appeal to the state board of education. The state board of education shall 3 hold a public hearingat its next regular meetingwithin a reasonable time 4 after receiving notice of such appeal but no later than sixty (60) calen- 5 dar days after receiving such notice, and after the public hearing, shall 6 take any of the following actions: (i) approve the charter for the estab- 7 lishment of a new public charter school if it determines that thelocal8board of trusteesauthorized chartering entity failed to appropriately 9 consider the charterrequestpetition, or ifthe local boardit acted in 10 an arbitrary manner in denying the request; (ii) remand the matter back to 11 the authorized chartering entity for further review as directed by the 12 state board of education; or (iii) redirect the matter to another autho- 13 rized chartering entity for further review as directed by the state board 14 of education. Such public hearing shall be conducted pursuant to proce- 15 dures as set by the state board of education. 16 (6) A public charter school for which a charter is granted by the state 17 board of education shall qualify fully as a public charter school for all 18 funding and other purposes of this chapter. Thestate board of educationpub- 19 lic charter school commission shall assume the role of the authorized charter- 20 ing entity for any charter authorized by the state board of education as pro- 21 vided in subsection (5)(b) of this section. Employees of a public charter 22 school authorized by the state board of education shall not be considered 23 employees of the local school district in which the public charter school is 24 located, nor of the state board of education, nor of the commission. 25 (7) Thefindingdecision of the state board of education shall be subject 26 to review pursuant to chapter 52, title 67, Idaho Code. Nothing in this sec- 27 tion shall prevent a petitioner from bringing a new petition at a later time. 28 (8) There shall be no appeal of a decision by a local school board of 29 trustees which denies the conversion of an existing traditional public school 30 within that district to a public charter school, or which grants a petition 31 for the establishment of a new public charter school. 32 SECTION 9. That Section 33-5209, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 33-5209.TIME LIMITSENFORCEMENT -- REVOCATION -- APPEAL. (1)A charter35granted pursuant to this chapter shall be valid for a period not to exceed36five (5) years. A charter may be granted one (1) or more subsequent renewals37by the original granting authority. Each renewal shall be valid for a period38not to exceed five (5) years. A material revision of the provisions of the39charter petition may be made only with the approval of the authority which40granted the charterAn authorized chartering entity shall ensure that all pub- 41 lic charter schools for which it authorized charters, or for which it has 42 responsibility, operate in accordance with the charter granted. A public 43 charter school or the authorized chartering entity may enter into negotiations 44 to revise its charter at any time. A public charter school may petition to 45 revise its charter at any time. The authorized chartering entity's review of 46 the revised petition shall be limited in scope solely to the proposed revi- 47 sions. 48 (2)A charter may be revoked by the original granting authority iIf the 49authority findsauthorized chartering entity has reason to believe that the 50 public charter school has done any of the following, it shall provide the pub- 51 lic charter school written notice of the defect and provide a reasonable 52 opportunity to cure the defect: 53 (a) Committed a material violation of any condition, standard or proce- 11 1 dure set forth in the approved charter;petition;2 (b) Failed to substantially meet any of the student educational standards 3 identified in the approved charter;petition;4 (c) Failed to meet generally accepted accounting standards of fiscal man- 5 agement; 6 (d) Failed to submit required reports to theauthority whichauthorized 7 chartering entity governing the charter; or 8 (e) Violated any provision of law. 9 (3) A charter may be revoked by the authorized chartering entity if the 10 public charter school has failed to cure a defect after receiving reasonable 11 notice and having had a reasonable opportunity to cure the defect. Revocation 12 may not occur until the public charter school has been afforded a public hear- 13 ing and a reasonable opportunity to cure the defect, unless the authorized 14 chartering entity reasonably determines that the continued operation of the 15 public charter school presents an imminent public safety issue, in which case 16 the charter may be revoked immediately. Public hearings shall be conducted by 17 the governing authorized chartering entity, or such other person or persons 18 appointed by the authorized chartering entity to conduct public hearings and 19 receive evidence as a contested case in accordance with section 67-5242, Idaho 20 Code. Reasonable notice and opportunity to reply shall include, at a minimum, 21 written notice setting out the basis for consideration of revocation, a period 22 of not less than thirty (30) days within which the public charter school can 23 reply in writing, and a public hearing within thirty (30) days of the receipt 24 of the written reply. 25 (4) A decision to revoke, not to renew,or not to approve a revision of a 26 charter may be appealed directly to the state board of education. With respect 27 to such appeal, tThe state board of education shallessentiallyfollow the 28 procedure as provided in section 33-5207(5)(b), Idaho Code. In the event the 29 state board of education reverses a decision of revocation, the public charter 30 school subject to such action shall then be placed under the chartering 31 authority of the commission. 32 SECTION 10. That Section 33-5210, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 33-5210. APPLICATION OF SCHOOL LAW -- ACCOUNTABILITY -- EXEMPTION FROM 35 STATE RULES. (1) All public charter schools are under the general supervision 36 of the state board of education. 37 (2)The local board of trustees andthe state board of education are38responsible to ensureEvery authorized chartering entity that grants a charter 39 shall be responsible for ensuring that each public charter school program 40 approved byitthat authorized chartering entity meets the terms of the 41 charter, complies with the general education laws of the state unless specifi- 42 cally directed otherwise in this chapter 52, title 33, Idaho Code, and oper- 43 ates in accordance with the state educational standards of thoroughness as 44 defined in section 33-1612, Idaho Code. 45 (3) Each charter school shall comply with the financial reporting 46 requirements of section 33-701, subsections 5. through 10., Idaho Code, in the 47 same manner as those requirements are imposed upon school districts. 48 (4) Each public charter school is otherwise exempt from rules governing 49 school districts which have been promulgated by the state board of education, 50or by the superintendent of public instruction,with the exception of state 51 rules relating to: 52 (a) Waiver of teacher certification as necessitated by the provisions of 53 section 33-5205(3)(g), Idaho Code; 12 1 (b) Accreditation of the school as necessitated by the provisions of sec- 2 tion 33-5205(3)(e), Idaho Code; 3 (c) Qualifications of a student for attendance at an alternative school 4 as necessitated by the provisions of section 33-5208(3), Idaho Code;and5 (d) The requirement that all employees of the school undergo a criminal 6 history check as required by section 33-130, Idaho Code; and 7 (e) All rules which specifically pertain to public charter schools pro- 8 mulgated by the state board of education. 9 SECTION 11. That Section 33-5211, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-5211. ASSISTANCE WITH PETITIONS -- INFORMATION. (1) The state depart- 12 ment of education shall provide technical assistance to persons or groups pre- 13 paring or revising charter petitions. 14 (2) Upon request, the state department of education shalldistributepro- 15 vide the following information concerning a public charter school whose peti- 16 tion has been approved: 17 (a) The public charter school's petition. 18 (b) The annual audit performed at the public charter school pursuant to 19 the public charter school petition. 20 (c) Any written report by the state board of education to the legislature 21 reviewing the educational effectiveness of public charter schools. 22 SECTION 12. That Chapter 52, Title 33, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 24 ignated as Section 33-5213, Idaho Code, and to read as follows: 25 33-5213. PUBLIC CHARTER SCHOOL COMMISSION. (1) There is hereby created 26 an independent public charter school commission, referred to hereinafter as 27 the commission, to be located in the office of the state board of education, 28 pursuant to section 33-105, Idaho Code. It shall be the responsibility and 29 duty of the executive director of the state board of education acting at the 30 direction of the commission to administer and enforce the provisions of this 31 chapter, and the director or his designee, shall serve as secretary to the 32 commission. 33 (2) The public charter school commission shall adopt rules, subject to 34 law, regarding the governance and administration of the commission. 35 (3) The commission shall be composed of seven (7) members: 36 (a) Three (3) members shall be current or former members of boards of 37 directors of Idaho public charter schools, and shall be appointed by the 38 governor, subject to the advice and consent of the senate; provided how- 39 ever, that no current board member of a public charter school authorized 40 by the commission shall be eligible for appointment; 41 (b) Three (3) members shall be current or former trustees of an Idaho 42 school district, and shall be appointed by the governor, subject to the 43 advice and consent of the senate; and 44 (c) One (1) member shall be a member of the public at large not directly 45 associated with the Idaho public education system, and shall be appointed 46 by the governor, subject to the advice and consent of the senate. 47 For the purpose of establishing staggered terms of office, the initial term of 48 office for three (3) commission members shall be four (4) years and thereafter 49 shall be four (4) years; the initial term of office for two (2) members shall 50 be three (3) years and thereafter shall be four (4) years; and the initial 51 term of office for two (2) members shall be two (2) years and thereafter shall 13 1 be four (4) years. In making such appointments, the governor shall consider 2 regional balance. Members of the commission shall hold office until the expi- 3 ration of the term to which the member was appointed and until a successor has 4 been duly appointed, unless sooner removed for cause by the appointing author- 5 ity. Whenever a vacancy occurs, the appointing authority shall appoint a qual- 6 ified person to fill the vacancy for the unexpired portion of the term. 7 (4) All members of the commission shall be citizens of the United States 8 and residents of the state of Idaho for not less than two (2) years. 9 (5) The members of the commission shall, at their first regular meeting 10 following the effective date of this act, and every two (2) years thereafter, 11 elect, by a majority vote of the members of the commission, a chairman and a 12 vice-chairman. The chairman shall preside at meetings of the commission, and 13 the vice-chairman shall preside at such meetings in the absence of the chair- 14 man. A majority of the members of the commission shall constitute a quorum. 15 The commission shall meet at such times and places as determined to be neces- 16 sary and convenient, or at the call of the chair. 17 (6) Each member of the commission not otherwise compensated by public 18 moneys shall be compensated as provided in section 59-509(h), Idaho Code. 19 SECTION 13. SEVERABILITY. The provisions of this act are hereby declared 20 to be severable and if any provision of this act or the application of such 21 provision to any person or circumstance is declared invalid for any reason, 22 such declaration shall not affect the validity of the remaining portions of 23 this act. 24 SECTION 14. An emergency existing therefor, which emergency is hereby 25 declared to exist, this act shall be in full force and effect on and after its 26 passage and approval.
STATEMENT OF PURPOSE RS 14269C1 A Charter School bill designed to clarify legislative intent, define terms, revise limits on the number of charter schools, govern methods of forming a public charter school, provide additional limitations on authorizing a charter, provide rules to be adopted by the State Board of Education to designate certain local education agencies and to clarify liability for public charter schools and to specify certain prohibited acts. Governs applicability of professional codes and standards to employees of public charter schools, procedures for a petition to establish a public charter school and to further govern admission procedures. Provides references to authorized chartering entity and further governs requirements and prohibitions upon approval of a public charter school and further governs appeal procedures. Strikes certain renewal requirements, provides for public hearing of determination to revoke a charter and provides appeal procedures. Requires certain financial reporting and specifies application of rules which specifically pertain to public charter schools. Revises information distribution requirements. Creates an independent public charter school commission, provides for members and provides for meetings. FISCAL IMPACT Assuming the Public Charter School Commission meets on a quarterly basis, it is estimated that the annual meeting and travel costs would be approximately $11,000, with such costs paid by the General Fund. Any staff support required would be drawn from the existing staff resources of the State Board of Education. CONTACT: Senator Tom Gannon 334-1342 Senator Ron McWilliams 334-1346 Senator Gary J. Schroeder 334-1324 STATEMENT OF PURPOSE / FISCAL NOTE S 1444