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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 - 2004
IN 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 accomplish all any 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 approved in each of the first five (5) years after the
51 effective date of this act shall be limited in number and geographic distribu-
3
1 tion in accordance with the following:
2 (a) Not more than sixty (60) schools may be approved in the first five
3 (5) years after the effective date of this act, and
4 (b) Not more than twelve six (126) newly-chartered public schools may be
5 approved in for any one (1) school year, and
6 (c) Not more than two (2) charters per year may be granted within an edu-
7 cational classification region as established by the state board of educa-
8 tion, and
9 (db) Not more than one (1) newly-chartered public school may be granted
10 for any one (1) school district in for 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.
13 The legislature further finds that, notwithstanding the limitations of this
14 subsection (2), if fewer than twelve (12) charters are approved by June 1 of a
15 year, the unused allotments shall be assigned to a statewide pool for use by
16 other requesting districts. Distributions from the pool shall be made by ran-
17 dom 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 charter status school. 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 authorizes
25 (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 charter
52 school shall be considered a public school for all purposes and shall comply
53 with the audit reporting requirements of section 33-701 6., Idaho Code, and
4
1 shall annually file financial and statistical reports as required in section
2 33-701 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. The approving authority of authorized charter-
24 ing entity that grants a public school charter school shall have no liability
25 for the acts, omissions, debts or other obligations of a public charter
26 school, except as may be provided in an agreement or contract with such the
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 may request the board of trustees of a school district petition to
40 establish a new public charter school, or to convert an existing traditional
41 public school within the school district to a public charter status school. 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 review after and approval. Tthe petition has been shall 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
50 after and approval. Tthe petition has been shall be signed by not less than
51 thirty (30) qualified electors of the district service 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 to meet con-
11 tain the requisite signatures requirements or 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 charter for operation of a school
15 under the provisions of this chapter only if it determines that the petition
16 contains the number of requisite signatures, required, a statement of each of
17 the conditions described in the information required by subsection (4) of this
18 section, and descriptions of additional 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 admission will 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 and second third, 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; and third fourth, 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 students can may 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
4 chapter 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 the district authorized 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 the board of trustees authorized
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
43 local board of trustees authorized chartering entity which approved its
44 charter. In the case of a new charter school whose charter was granted by the
45 state board of education pursuant to section 33-5207, Idaho Code, the annual
46 report 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 the state super-
9 intendent of public instruction public 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 hearing
14 officer to review the action of the local board of trustees. The hearing offi-
15 cer shall, within thirty (30) days of the request, review the charter petition
16 and convene a public hearing regarding the charter request. Within ten (10)
17 days of the public hearing, the hearing officer shall submit a written recom-
18 mendation to the local board of trustees and to the persons requesting the
19 review.
20 (3) Within thirty (30) days following receipt of the hearing officer's
21 written recommendation appeal, 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 existing traditional 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, the local school board authorized 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 the state board of education public charter school commission.
41 The state board of education commission shall hold a public hearing at its
42 next regular meeting within a reasonable time after receiving notice of
43 such appeal and, after the public hearing, shall may 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
46 request petition, or if the local board it acted in an arbitrary manner in
47 denying the request petition. 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 the state
50 board of education public charter school commission shall qualify fully as a
51 public charter school for all funding and other purposes of this chapter. The
52 state board of education shall assume the role of the chartering entity.
53 Employees of a public charter school authorized by the state board of educa-
54 tion public 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 the state board of education public 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 LIMITS ENFORCEMENT -- REVOCATION -- APPEAL. (1) A charter
14 granted pursuant to this chapter shall be valid for a period not to exceed
15 five (5) years. A charter may be granted one (1) or more subsequent renewals
16 by the original granting authority. Each renewal shall be valid for a period
17 not to exceed five (5) years. A material revision of the provisions of the
18 charter petition may be made only with the approval of the authority which
19 granted the charter An 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
27 authority finds authorized 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 the authority which authorized
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 a
41 charter may be appealed directly to the state board of education. The state
42 board shall essentially follow the procedure as provided in section 33-5207,
43 Idaho Code A 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 and the state board of education are
23 responsible to ensure Every authorized chartering entity that grants a charter
24 shall be responsible for ensuring that each public charter school program
25 approved by it that 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,
35 or 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; and
43 (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 shall distribute pro-
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 - 2004
Moved 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 charter status school, 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 may request the board of trustees of a school district petition to
12 establish a new public charter school, or to convert an existing traditional
13 public school within the school district to a public charter status school.
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 review after and approval. Tthe petition has been shall be
30 signed by not less fewer 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 not less fewer than sixty per-
33 cent (60%) of the students currently attending the school to be converted.
34 A petition to establish a new charter school shall be submitted to the
35 board of trustees of the district for review after the petition has been
36 signed 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
39 board of trustees authorized 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 the board authorized 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, the board of trustees autho-
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 to meet con-
52 tain the requisite signatures requirements or 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 trustees An authorized chartering entity may grant a
2 charter for operation of a school under the provisions of this chapter only if
3 it determines that the petition contains the number of requisite signatures,
4 required, a statement of each of the conditions described in the information
5 required by subsection (4) of this section, and descriptions of additional
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 admission will 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 and second third, 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; and third fourth, 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 procedures by which that the public charter school
7 will utilize, including the procedure by which students can may 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 entity granting the charter to 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
30 chapter 2, title 33 section 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 the district authorized 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 the local board of trustees authorized 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 charter request petition. Within ten
7 (10) days of the public hearing, the hearing officer shall submit a written
8 recommendation to the local board of trustees authorized 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, the local board of trustees authorized chartering
20 entity shall hold a public hearing. Within ten (10) days of this hearing, the
21 local board of trustees authorized chartering entity shall either affirm or
22 reverse its initial decision. The board's authorized 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 existing traditional 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, the local school board authorized 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 hearing at its next regular meeting within 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 the local
44 board of trustees authorized chartering entity failed to appropriately
45 consider the charter request petition, or if the local board it 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. The state board of education pub-
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) The finding decision 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 LIMITS ENFORCEMENT -- REVOCATION -- APPEAL. (1) A charter
17 granted pursuant to this chapter shall be valid for a period not to exceed
18 five (5) years. A charter may be granted one (1) or more subsequent renewals
19 by the original granting authority. Each renewal shall be valid for a period
20 not to exceed five (5) years. A material revision of the provisions of the
21 charter petition may be made only with the approval of the authority which
22 granted the charter An 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
29 authority finds authorized 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 the authority which authorized
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 shall essentially follow 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 - 2004
IN 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 accomplish all any 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 approved in each of the first five (5) years after the
50 effective date of this act shall be limited in number and geographic distribu-
51 tion in accordance with the following:
3
1 (a) Not more than sixty (60) schools may be approved in the first five
2 (5) years after the effective date of this act, and
3 (b) Not more than twelve six (126) newly-chartered public schools may be
4 approved in for any one (1) school year, and
5 (c) Not more than two (2) charters per year may be granted within an edu-
6 cational classification region as established by the state board of educa-
7 tion, and
8 (db) Not more than one (1) newly-chartered public school may be granted
9 for any one (1) school district in for 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.
12 The legislature further finds that, notwithstanding the limitations of this
13 subsection (2), if fewer than twelve (12) charters are approved by June 1 of a
14 year, the unused allotments shall be assigned to a statewide pool for use by
15 other requesting districts. Distributions from the pool shall be made by ran-
16 dom 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 charter status school, 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 authorizes
24 (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 charter
2 school shall be considered a public school for all purposes and shall comply
3 with the audit reporting requirements of section 33-701 6., Idaho Code, and
4 shall annually file financial and statistical reports as required in section
5 33-701 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. The approving authority of authorized charter-
27 ing entity that grants a public school charter school shall have no liability
28 for the acts, omissions, debts or other obligations of a public charter
29 school, except as may be provided in an agreement or contract with such the
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 may request the board of trustees of a school district petition to
43 establish a new public charter school, or to convert an existing traditional
44 public school within the school district to a public charter status school.
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 review after and approval. Tthe petition has been shall be
10 signed by not less fewer 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 not less fewer than sixty per-
13 cent (60%) of the students currently attending the school to be converted.
14 A petition to establish a new charter school shall be submitted to the
15 board of trustees of the district for review after the petition has been
16 signed 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
19 board of trustees authorized 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 the board authorized 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, the board of trustees autho-
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 to meet con-
32 tain the requisite signatures requirements or 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 trustees An authorized chartering entity may grant a
36 charter for operation of a school under the provisions of this chapter only if
37 it determines that the petition contains the number of requisite signatures,
38 required, a statement of each of the conditions described in the information
39 required by subsection (4) of this section, and descriptions of additional
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 admission will 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 and second third, 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; and third fourth, 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 procedures by which that the public charter school
41 will utilize, including the procedure by which students can may 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 entity granting the charter to 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
9 chapter 2, title 33 section 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 the district authorized 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 the board of trustees authorized
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
50 local board of trustees authorized chartering entity which approved its
51 charter. In the case of a new charter school whose charter was granted by the
52 state board of education pursuant to section 33-5207, Idaho Code, the annual
53 report 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 the local board of trustees authorized 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 charter request petition. Within ten
24 (10) days of the public hearing, the hearing officer shall submit a written
25 recommendation to the local board of trustees authorized 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, the local board of trustees authorized chartering
37 entity shall hold a public hearing. Within ten (10) days of this hearing, the
38 local board of trustees authorized chartering entity shall either affirm or
39 reverse its initial decision. The board's authorized 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 existing traditional 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, the local school board authorized 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 hearing at its next regular meeting within 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 the local
8 board of trustees authorized chartering entity failed to appropriately
9 consider the charter request petition, or if the local board it 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. The state board of education pub-
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) The finding decision 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 LIMITS ENFORCEMENT -- REVOCATION -- APPEAL. (1) A charter
35 granted pursuant to this chapter shall be valid for a period not to exceed
36 five (5) years. A charter may be granted one (1) or more subsequent renewals
37 by the original granting authority. Each renewal shall be valid for a period
38 not to exceed five (5) years. A material revision of the provisions of the
39 charter petition may be made only with the approval of the authority which
40 granted the charter An 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
49 authority finds authorized 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 the authority which authorized
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 shall essentially follow 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 and the state board of education are
38 responsible to ensure Every authorized chartering entity that grants a charter
39 shall be responsible for ensuring that each public charter school program
40 approved by it that 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,
50 or 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; and
5 (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 shall distribute pro-
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