Print Friendly SENATE BILL NO. 1325 – Charter school, probation
SENATE BILL NO. 1325
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CHARTER SCHOOLS - Amends existing law to provide that a charter of a
charter school is valid unless revoked for cause, as specified in present
law; and to provide that the charter school and the granting authority
shall negotiate terms of a probation.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1325
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CHARTER SCHOOL CHARTERS; AMENDING SECTION 33-5209, IDAHO CODE, TO
3 PROVIDE THAT A CHARTER IS VALID UNLESS REVOKED FOR CAUSE AND TO PROVIDE A
4 PERIOD OF PROBATION AND REMEDIATION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-5209, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-5209. TIME LIMITS -- REVOCATION -- APPEAL. (1) A charter granted pur-
9 suant to this chapter shall be valid for a period not to exceed five (5)
10 years. A charter may be granted one (1) or more subsequent renewals by the
11 original granting authority. Each renewal shall be valid for a period not to
12 exceed five (5) years unless revoked for cause. A material revision of the
13 provisions of the charter petition may be made only with the approval of the
14 authority which granted the charter.
15 (2) A charter may be revoked by the original granting authority if the
16 authority finds that the charter school has done any of the following:
17 (a) Committed a material violation of any condition, standard or proce-
18 dure set forth in the charter petition;
19 (b) Failed to substantially meet any of the student educational standards
20 identified in the charter petition;
21 (c) Failed to meet generally accepted accounting standards of fiscal man-
23 (d) Failed to submit required reports to the authority which authorized
24 the charter; or
25 (e) Violated any provision of law.
26 Upon a finding for revocation on the basis of these conditions, the charter
27 school shall be notified and placed on probation. A probationary period and
28 plan of remediation shall be negotiated by the granting authority and the
29 charter school. At the conclusion of a probation, the granting authority shall
30 review the charter school and lift the probation or revoke the charter.
31 (3) A decision to revoke , not to renew the terms of a probationary
32 period, or not to approve a revision of a charter may be appealed directly to
33 the state board of education. The state board shall essentially follow the
34 procedure as provided in section 33-5207, Idaho Code.
STATEMENT OF PURPOSE
Current law states that a charter granted to a charter school is valid
for a period not to exceed five years. This limitation has led to
difficulties for public charter schools in obtaining long term financing
for facilities construction. This provision is altered to allow, the
local chartering authority to revoke a charter for cause without
requiring five year renewals of the initial charter.
In addition, this legislation adds a negotiated probationary period to
allow a public charter school to address areas of concern identified by
the chartering authority. This added flexibility can be used by the
chartering authority to ensure compliance with charter provisions
without resorting to revocation.
No impact to the general fund.
Name: Sen. Elliot Werk
STATEMENT OF PURPOSE/FISCAL NOTE S 1325