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S1327aa........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to authorize a period of probation
for charter schools; and to specify terms governing probation.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
03/08 Rpt out - to 14th Ord
Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 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 - 2004
IN THE SENATE
SENATE BILL NO. 1327
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5209, IDAHO CODE, TO AUTHO-
3 RIZE A PERIOD OF PROBATION AND SPECIFY TERMS GOVERNING PROBATION.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 33-5209, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 33-5209. TIME LIMITS -- REVOCATION -- APPEAL. (1) A charter granted pur-
8 suant to this chapter shall be valid for a period not to exceed five ten (510)
9 years. A charter may be granted one (1) or more subsequent renewals by the
10 original granting authority. Each renewal shall be valid for a period not to
11 exceed five (5) years. A material revision of the provisions of the charter
12 petition may be made only with the approval of the authority which granted the
13 charter.
14 (2) A charter may be revoked or placed on probation by the original
15 granting authority if the authority finds that the charter school has done any
16 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-
22 agement;
23 (d) Failed to submit required reports to the authority which authorized
24 the charter; or
25 (e) Violated any provision of law.
26 (3) A decision to revoke, not to renew, place on probation, or not to
27 approve a revision of a charter may be appealed directly to the state board of
28 education. The state board shall essentially follow the procedure as provided
29 in section 33-5207, Idaho Code.
30 (4) In lieu of revocation, the original granting authority may place a
31 charter school on probation for a period not to exceed ninety (90) days,
32 allowing the charter school time to remedy the violation. If a charter school
33 is placed on probation, the state department of education shall withhold ten
34 percent (10%) of the funding allocated to the charter school until such time
35 as the probation is lifted. A granting authority may not place a charter
36 school on probation more than two (2) times in any five (5) year period.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Goedde
Seconded by Malepeai
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1327
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 32, delete "If a charter school";
3 delete lines 33 and 34; and in line 35, delete "as the probation is lifted.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1327, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5209, IDAHO CODE, TO AUTHO-
3 RIZE A PERIOD OF PROBATION AND SPECIFY TERMS GOVERNING PROBATION.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 33-5209, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 33-5209. TIME LIMITS -- REVOCATION -- APPEAL. (1) A charter granted pur-
8 suant to this chapter shall be valid for a period not to exceed five ten (510)
9 years. A charter may be granted one (1) or more subsequent renewals by the
10 original granting authority. Each renewal shall be valid for a period not to
11 exceed five (5) years. A material revision of the provisions of the charter
12 petition may be made only with the approval of the authority which granted the
13 charter.
14 (2) A charter may be revoked or placed on probation by the original
15 granting authority if the authority finds that the charter school has done any
16 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-
22 agement;
23 (d) Failed to submit required reports to the authority which authorized
24 the charter; or
25 (e) Violated any provision of law.
26 (3) A decision to revoke, not to renew, place on probation, or not to
27 approve a revision of a charter may be appealed directly to the state board of
28 education. The state board shall essentially follow the procedure as provided
29 in section 33-5207, Idaho Code.
30 (4) In lieu of revocation, the original granting authority may place a
31 charter school on probation for a period not to exceed ninety (90) days,
32 allowing the charter school time to remedy the violation. A granting authority
33 may not place a charter school on probation more than two (2) times in any
34 five (5) year period.
STATEMENT OF PURPOSE
RS 13990
The purpose of this legislation is to give granting authorities
another option other than revocation to bring a charter school
back into compliance with Idaho Code or the Charter.
FISCAL IMPACT
None
Contact
Name: Bob Henry
Phone: 466-2662
STATEMENT OF PURPOSE/FISCAL NOTE S 1327