View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1310aa........................................................by EDUCATION CHARTER SCHOOLS - Amends existing law to clarify application of financial reporting requirements to charter schools. 02/13 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Educ 02/23 Rpt out - to 14th Ord 03/02 Rpt out amen - to engros 03/03 Rpt engros - 1st rdg - to 2nd rdg as amen 03/04 2nd rdg - to 3rd rdg as amen 03/12 Ret'd to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1310 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5210, IDAHO CODE, TO CLARIFY 3 APPLICATION OF FINANCIAL REPORTING REQUIREMENTS TO CHARTER SCHOOLS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 33-5210, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 33-5210. APPLICATION OF SCHOOL LAW -- ACCOUNTABILITY -- EXEMPTION FROM 8 STATE RULES. (1) All public charter schools are under the general supervision 9 of the state board of education. 10 (2) The local board of trustees and the state board of education are 11 responsible to ensure that each charter school program approved by it meets 12 the terms of the charter, complies with the general education laws of the 13 state unless specifically directed otherwise in this chapter 52, title 33, 14 Idaho Code, and operates in accordance with the state educational standards of 15 thoroughness as defined in section 33-1612, Idaho Code. 16 (3) Each charter school shall comply with the financial reporting 17 requirements of section 33-701 subsections 5. through 10., Idaho Code, in the 18 same manner as those requirements are imposed upon school districts. 19 (4) Each charter school is otherwise exempt from rules governing school 20 districts which have been promulgated by the state board of education or by 21 the superintendent of public instruction, with the exception of state rules 22 relating to: 23 (a) Waiver of teacher certification as necessitated by the provisions of 24 section 33-5205(3)(g), Idaho Code; 25 (b) Accreditation of the school as necessitated by the provisions of sec- 26 tion 33-5205(3)(e), Idaho Code; 27 (c) Qualifications of a student for attendance at an alternative school 28 as necessitated by the provisions of section 33-5208(3), Idaho Code; and 29 (d) The requirement that all employees of the school undergo a criminal 30 history check as required by section 33-130, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Gannon Seconded by Goedde IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1310 1 AMENDMENT TO THE BILL 2 On page 1 of the printed bill, following line 4, insert: 3 "SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter 6 school shall be organized and managed under the Idaho nonprofit corporation 7 act. The board of directors of a charter school shall be deemed public agents 8 authorized by a public school district or the state board of education to con- 9 trol the charter school, but shall function independently of any school board 10 of trustees, except as provided in the charter. A charter school shall be con- 11 sidered a public school for all purposes and shall comply with the audit 12 reporting requirements ofsection 33-701 6., Idaho Code, and shall annually13file financial and statistical reports as required in section 33-701 7.,Idaho 14 Code. For the purposes of section 59-1302(15), Idaho Code, a charter school 15 created pursuant to this chapter shall be deemed a governmental entity. Pursu- 16 ant to the provisions of section 63-3622O, Idaho Code, sales to or purchases 17 by a public charter school are exempt from payment of the sales and use tax. A 18 charter school and the board of directors of a charter school are subject to 19 the provisions of chapter 23, title 67, and chapter 3, title 9, Idaho Code, in 20 the same manner that a public school and the board of school trustees are sub- 21 ject to those provisions. 22 (2) A charter school may sue or be sued, purchase, receive, hold and con- 23 vey real and personal property for school purposes, and borrow money for such 24 purposes, to the same extent and on the same conditions as a public school 25 district, and its employees, directors and officers shall enjoy the same immu- 26 nities as employees, directors and officers of public school districts and 27 other public schools. The approving authority of a charter school shall have 28 no liability for the acts, omissions, debts or other obligations of a charter 29 school, except as may be provided in an agreement or contract with such 30 charter school. 31 (3) Nothing in this chapter shall prevent the board of directors of a 32 charter school, operating as a nonprofit corporation, from borrowing money to 33 finance the purchase of school building facilities. Subject to the terms of a 34 contractual agreement between the board and a lender, nothing herein shall 35 prevent the board from using the facility as collateral for the loan. 36 (4) Charter schools shall secure insurance for liability and property 37 loss."; 38 and renumber the subsequent section of the bill accordingly. 39 CORRECTION TO TITLE 40 On page 1, in line 2, following "SCHOOLS;" insert: "AMENDING SECTION 41 33-5204, IDAHO CODE, TO REMOVE CODE CITATIONS; AND".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1310, As Amended BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5204, IDAHO CODE, TO REMOVE 3 CODE CITATIONS; AND AMENDING SECTION 33-5210, IDAHO CODE, TO CLARIFY 4 APPLICATION OF FINANCIAL REPORTING REQUIREMENTS TO CHARTER SCHOOLS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter 9 school shall be organized and managed under the Idaho nonprofit corporation 10 act. The board of directors of a charter school shall be deemed public agents 11 authorized by a public school district or the state board of education to con- 12 trol the charter school, but shall function independently of any school board 13 of trustees, except as provided in the charter. A charter school shall be con- 14 sidered a public school for all purposes and shall comply with the audit 15 reporting requirements ofsection 33-701 6., Idaho Code, and shall annually16file financial and statistical reports as required in section 33-701 7.,Idaho 17 Code. For the purposes of section 59-1302(15), Idaho Code, a charter school 18 created pursuant to this chapter shall be deemed a governmental entity. Pursu- 19 ant to the provisions of section 63-3622O, Idaho Code, sales to or purchases 20 by a public charter school are exempt from payment of the sales and use tax. A 21 charter school and the board of directors of a charter school are subject to 22 the provisions of chapter 23, title 67, and chapter 3, title 9, Idaho Code, in 23 the same manner that a public school and the board of school trustees are sub- 24 ject to those provisions. 25 (2) A charter school may sue or be sued, purchase, receive, hold and con- 26 vey real and personal property for school purposes, and borrow money for such 27 purposes, to the same extent and on the same conditions as a public school 28 district, and its employees, directors and officers shall enjoy the same immu- 29 nities as employees, directors and officers of public school districts and 30 other public schools. The approving authority of a charter school shall have 31 no liability for the acts, omissions, debts or other obligations of a charter 32 school, except as may be provided in an agreement or contract with such 33 charter school. 34 (3) Nothing in this chapter shall prevent the board of directors of a 35 charter school, operating as a nonprofit corporation, from borrowing money to 36 finance the purchase of school building facilities. Subject to the terms of a 37 contractual agreement between the board and a lender, nothing herein shall 38 prevent the board from using the facility as collateral for the loan. 39 (4) Charter schools shall secure insurance for liability and property 40 loss. 41 SECTION 2. That Section 33-5210, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 33-5210. APPLICATION OF SCHOOL LAW -- ACCOUNTABILITY -- EXEMPTION FROM 2 STATE RULES. (1) All public charter schools are under the general supervision 3 of the state board of education. 4 (2) The local board of trustees and the state board of education are 5 responsible to ensure that each charter school program approved by it meets 6 the terms of the charter, complies with the general education laws of the 7 state unless specifically directed otherwise in this chapter 52, title 33, 8 Idaho Code, and operates in accordance with the state educational standards of 9 thoroughness as defined in section 33-1612, Idaho Code. 10 (3) Each charter school shall comply with the financial reporting 11 requirements of section 33-701 subsections 5. through 10., Idaho Code, in the 12 same manner as those requirements are imposed upon school districts. 13 (4) Each charter school is otherwise exempt from rules governing school 14 districts which have been promulgated by the state board of education or by 15 the superintendent of public instruction, with the exception of state rules 16 relating to: 17 (a) Waiver of teacher certification as necessitated by the provisions of 18 section 33-5205(3)(g), Idaho Code; 19 (b) Accreditation of the school as necessitated by the provisions of sec- 20 tion 33-5205(3)(e), Idaho Code; 21 (c) Qualifications of a student for attendance at an alternative school 22 as necessitated by the provisions of section 33-5208(3), Idaho Code; and 23 (d) The requirement that all employees of the school undergo a criminal 24 history check as required by section 33-130, Idaho Code.
STATEMENT OF PURPOSE RS 13983 The purpose of this legislation is to eliminate the confusion that exists about charter schools accounting for and reporting the use of State funds. It would require the same standards of accountability for charter school's board of directors that exist for School District Boards of Directors. It requires the preparation of annual financial reports, publishing the annual statement of financial condition, annual audit of financial statements and authorizes investment of excess cash with the interest accruing back to the charter school. FISCAL IMPACT None Contact Name: Senator Tom Gannon Phone: 332-1342 STATEMENT OF PURPOSE/FISCAL NOTE S 1310