View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1348..........................................................by EDUCATION CHARTER SCHOOLS - Amends existing law to require a process for open election of the board of directors of a charter school; and to prohibit compensation. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Educ 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/04 3rd rdg - PASSED - 26-8-1 AYES -- Andreason, Bailey, Calabretta, Compton(Duncan), Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk, Williams NAYS -- Brandt, Bunderson, Burtenshaw, Cameron, Keough, Noble, Pearce, Sweet Absent and excused -- Burkett Floor Sponsor - Schroeder Title apvd - to House 03/05 House intro - 1st rdg - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1348 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO REQUIRE 3 A PROCESS FOR AN OPEN ELECTION OF THE BOARD OF DIRECTORS OF A CHARTER 4 SCHOOL AND TO PROHIBIT COMPENSATION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request 9 the board of trustees of a school district to establish a charter school, or 10 to convert an existing school within the school district to charter status. A 11 petition to convert an existing school shall be submitted to the board of 12 trustees of the district for review after the petition has been signed by not 13 less than sixty percent (60%) of the teachers currently employed by the school 14 district at the school to be converted, and by one (1) or more parents or 15 guardians of not less than sixty percent (60%) of the students currently 16 attending the school to be converted. A petition to establish a new charter 17 school shall be submitted to the board of trustees of the district for review 18 after the petition has been signed by not less than thirty (30) qualified 19 electors of the district. 20 (2) Not later than thirty (30) days after receiving a petition signed in 21 accordance with the specifications in subsection (1) of this section, the 22 board of trustees shall hold a meeting open to the public for the purpose of 23 discussing the provisions of the charter, at which time the board shall con- 24 sider the merits of the petition and the level of employee and parental sup- 25 port for the petition. Following review of the petition and the public hear- 26 ing, the board of trustees shall either grant or deny the charter within sixty 27 (60) days of receipt of the petition, provided however, that the date may be 28 extended by an additional sixty (60) days if the petition fails to meet the 29 signature requirements or fails to contain all of the information required in 30 this section, or if both parties agree to the extension. 31 (3) A board of trustees may grant a charter for operation of a school 32 under the provisions of this chapter if it determines that the petition con- 33 tains the number of signatures required, a statement of each of the conditions 34 described in subsection (4) of this section, and descriptions of all of the 35 following: 36 (a) The educational program of the charter school, designed among other 37 things, to identify what it means to be an "educated person" in the 38 twenty-first century, and how learning best occurs. The goals identified 39 in the program shall include how all educational thoroughness standards as 40 defined in section 33-1612, Idaho Code, shall be fulfilled. 41 (b) The measurable student educational standards identified for use by 42 the charter school. "Student educational standards" for the purpose of 43 this chapter means the extent to which all students of the charter school 2 1 demonstrate they have attained the skills and knowledge specified as goals 2 in the school's educational program. 3 (c) The method by which student progress in meeting those student educa- 4 tional standards is to be measured. 5 (d) A provision by which students of the charter school will be tested 6 with the same standardized tests as other Idaho public school students. 7 (e) A provision which ensures that the charter school shall be state 8 accredited as provided by rule of the state board of education. 9 (f) The governance structure of the charter school including, but not 10 limited to, the person or entity who shall be legally accountable for the 11 operation of the school, the process to be used for holding an open elec- 12 tion of the board of directors following the second year of operation, and 13 the process to be followed by the charter school to ensure parental 14 involvement. No member of the board of directors shall be compensated for 15 service on the board. 16 (g) The qualifications to be met by individuals employed by the charter 17 school. Instructional staff shall be certified teachers, or may apply for 18 a waiver or any of the limited certification options as provided by rule 19 of the state board of education. 20 (h) The procedures that the charter school will follow to ensure the 21 health and safety of students and staff. 22 (i) Admission procedures, including provision for overenrollment. Initial 23 admission procedures for a new charter school, not a renewal, including 24 provision for overenrollment, which specifies admission will be determined 25 by lottery or other random method. If initial capacity is insufficient to 26 enroll all pupils who submit a timely application, preference shall be 27 given in the following order: first, to siblings of pupils already 28 selected by the lottery or other random method; and second, an equitable 29 selection process such as by lottery or other random method. If capacity 30 is insufficient to enroll all pupils for subsequent school terms, who sub- 31 mit a timely application, preference shall be given in the following 32 order: first, to pupils returning to the charter school in the second or 33 any subsequent year of its operation; second, to siblings of pupils 34 already enrolled in the charter school; and third, an equitable selection 35 process such as by lottery or other random method. 36 (j) The manner in which an annual audit of the financial and programmatic 37 operations of the charter school is to be conducted. 38 (k) The procedures by which students can be suspended, expelled and 39 reenrolled. 40 (l) A provision which ensures all staff members of the charter school 41 will be covered by the public employee retirement system, federal social 42 security, unemployment insurance and worker's compensation insurance. 43 (m) The public school attendance alternative for students residing within 44 the school district who choose not to attend the charter school. 45 (n) A description of the transfer rights of any employee choosing to work 46 in a charter school and the rights of such employees to return to any non- 47 charter school in the school district after employment at a charter 48 school. 49 (o) A provision which ensures that the staff of the charter school shall 50 be considered a separate unit for purposes of collective bargaining. 51 (p) The procedures to be followed by the charter school and the entity 52 granting the charter to resolve disputes relating to provisions of the 53 charter. 54 (q) The manner by which special education services will be provided to 55 students with disabilities who are eligible pursuant to the federal indi- 3 1 viduals with disabilities education act. 2 (r) The manner by which eligible students from the charter school shall 3 be allowed to participate in dual enrollment in noncharter schools within 4 the district as provided for in chapter 2, title 33, Idaho Code. 5 (4) The petitioner shall provide information regarding the proposed oper- 6 ation and potential effects of the school including, but not limited to, the 7 facilities to be utilized by the school, the manner in which administrative 8 services of the school are to be provided and the potential civil liability 9 effects upon the school and upon the district.
STATEMENT OF PURPOSE RS 14068 An act relating to charter schools; amending Section 33-5205, Idaho Code, to require a process for an open election of the Board of Directors of a charter school and to prohibit compensation. FISCAL IMPACT None Contact Name: Senator Gary Schroeder Phone: 332-1324 STATEMENT OF PURPOSE/FISCAL NOTE S 1348