2004 Legislation
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SENATE BILL NO. 1352 – Charter school, appeal procedure

SENATE BILL NO. 1352

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Bill Status



S1352..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law relating to the charter school appeal
procedure to clarify timing regarding the selection of a hearing officer by
the Superintendent of Public Instruction and the timing of the hearing
officer's duties; to delete a criterion used by the State Board of
Education to evaluate the actions of a local school board in denying the
petition for a new charter school; to provide that the State Board of
Education may remand the denial of a petition for a new charter school to
the local board of trustees for reconsideration; to provide for a public
hearing and decisions of the local board on remand; to provide for direct
appeal to the State Board of Education; and to provide for a written
decision of the State Board of Education to approve or deny the petition.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ
03/05    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    Ret'd to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1352
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC  CHARTER  SCHOOL  APPEAL  PROCEDURE;  AMENDING  SECTION
  3        33-5207,  IDAHO CODE, TO CLARIFY TIMING REGARDING THE SELECTION OF A HEAR-
  4        ING OFFICER BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE TIMING  OF
  5        THE  HEARING  OFFICER'S  DUTIES,  TO  DELETE A CRITERION USED BY THE STATE
  6        BOARD OF EDUCATION TO EVALUATE THE ACTIONS OF  A  LOCAL  SCHOOL  BOARD  IN
  7        DENYING  THE  PETITION FOR A NEW CHARTER SCHOOL, TO PROVIDE THAT THE STATE
  8        BOARD OF EDUCATION MAY REMAND THE DENIAL OF A PETITION FOR A  NEW  CHARTER
  9        SCHOOL  TO  THE  LOCAL BOARD OF TRUSTEES FOR RECONSIDERATION, TO PROVIDE A
 10        PUBLIC HEARING AND DECISIONS OF THE LOCAL BOARD ON REMAND, TO PROVIDE  FOR
 11        DIRECT APPEAL TO THE STATE BOARD OF EDUCATION AND TO PROVIDE FOR A WRITTEN
 12        DECISION OF THE STATE BOARD OF EDUCATION TO APPROVE OR DENY THE PETITION.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 33-5207, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        33-5207.  CHARTER APPEAL  PROCEDURE.  (1)  If  a  local  school  board  of
 17    trustees  grants a charter for the conversion of an existing school within the
 18    school district over the objection of thirty (30) or more persons or employees
 19    of the district, or denies a petition for the establishment of a  new  charter
 20    school for any reason including, but not limited to, failure by the petitioner
 21    to follow procedures or for failure to provide required information, then such
 22    decisions  may  be appealed to the state superintendent of public instruction,
 23    at the request of persons opposing the conversion of an existing school, or at
 24    the request of the petitioner whose request for a new charter was denied.
 25        (2)  The state superintendent of public instruction shall select a hearing
 26    officer within thirty (30) days to review the action of  the  local  board  of
 27    trustees.  The  hearing  officer shall, within thirty (30) days of the request
 28    having been appointed, review the charter petition and convene a public  hear-
 29    ing regarding the charter request. Within ten (10) days of the public hearing,
 30    the  hearing  officer shall submit a written recommendation to the local board
 31    of trustees and to the persons requesting the review.
 32        (3)  Within thirty (30) days following receipt of  the  hearing  officer's
 33    written  recommendation, the local board of trustees shall hold a public hear-
 34    ing. Within ten (10) days of this hearing, the local board of  trustees  shall
 35    either  affirm  or reverse its initial decision. The board's decision shall be
 36    in writing and contain findings which explain the reasons for its decision.
 37        (4)  If, upon reconsideration of a decision to approve the  conversion  of
 38    an existing school to a charter school, the local school board:
 39        (a)  Affirms  its  initial  decision  to  authorize  such  conversion, the
 40        charter shall be granted and there shall be no further appeal.
 41        (b)  Reverses its initial decision and denies the conversion,  that  deci-
 42        sion is final and there shall be no further appeal.
 43        (5)  If, upon reconsideration of a decision to deny establishment of a new
                                                                        
                                           2
                                                                        
  1    charter school, the local school board:
  2        (a)  Reverses  its  initial  decision and approves the new charter school,
  3        the charter shall be granted and there shall be no further appeal.
  4        (b)  Affirms its initial decision denying  the  new  charter  school,  the
  5        petitioners  for the establishment of the new charter school may appeal to
  6        the state board of education. The state board of education  shall  hold  a
  7        public  hearing  at  its  next  regular  meeting and shall may approve the
  8        charter for the establishment of a new charter  school  if  it  determines
  9        that  the  local  board  of  trustees failed to appropriately consider the
 10        charter request, or if denial by the local board  acted  in  an  arbitrary
 11        manner in denying the request of trustees was arbitrary, or may remand the
 12        matter  to  the  local board of trustees for reconsideration. Such hearing
 13        shall be conducted pursuant to procedures as set by  the  state  board  of
 14        education.
 15        (6)  Within  thirty  (30)  days  following  receipt of the remand from the
 16    state board of education, the local board of  trustees  shall  hold  a  public
 17    hearing.  Within  ten  (10)  days of this hearing, the local board of trustees
 18    shall either affirm or reverse its initial decision to deny  the  new  charter
 19    school.  The  board's  decision shall be in writing and contain findings which
 20    explain the reasons for its decision.
 21        (7)  If the local board of trustees:
 22        (a)  Reverses its initial decision and approves the  new  charter  school,
 23        the charter shall be granted and there shall be no further appeal.
 24        (b)  Affirms  its  initial  decision  denying  the new charter school, the
 25        petitioners for the establishment of the new  charter  school  may  appeal
 26        directly to the state board of education. At its next regular meeting, the
 27        state  board  of education shall approve or deny the petition according to
 28        the criterion specified in subsection (5) of this section, and shall issue
 29        a written decision containing findings upon which the decision is based.
 30        (8)  A charter school for which a charter is granted by the state board of
 31    education shall qualify fully as a charter school for all  funding  and  other
 32    purposes  of  this chapter. The state board of education shall assume the role
 33    of the chartering entity. Employees of a  charter  school  authorized  by  the
 34    state board of education shall not be considered employees of the local school
 35    district nor of the state board of education.
 36        (79)  The  finding  of  the  state  board of education shall be subject to
 37    review pursuant to chapter 52, title 67, Idaho Code. Nothing in  this  section
 38    shall prevent a petitioner from bringing a new petition at a later time.
 39        (810) There  shall  be  no appeal of a decision by a local school board of
 40    trustees which denies the conversion of an existing school  within  that  dis-
 41    trict to a charter school, or which grants a petition for the establishment of
 42    a new charter school.

Statement of Purpose / Fiscal Impact


                    STATEMENT  OF  PURPOSE 
                                
                            RS 14093
                                   
This proposal amends Idaho Code  33-5207 regarding an appeal to the State Board of
Education by petitioners of a charter school, after the charter proposal has been rejected
by a local school board. Currently, this section requires a hearing officer to hold an
appeal hearing within thirty (30) days of the filing of an appeal from a school district's
denial of a charter school petition.  This implies that the Superintendent must locate and
appoint a hearing officer within that 30 days.  In applying this statute, it is not practical or
reasonable to expect the Superintendent to find a trained hearing officer who is available
to meet and hold a hearing at all the same times that the school district and charter school
petitioners are available, and organize and hold a public hearing within 30 days.  This
section is being amended to provide the Superintendent thirty (30) days to find a trained,
available hearing officer to hear the charter school appeal.  The hearing officer would
then have thirty (30) days to hold the public hearing on the charter school appeal.
    
The proposed amendments also grant the state board of education the ability to remand
an appeal back to the school district.  Under current law, the state board of education has
no discretion in charter school appeals, and is required to grant a charter unless one of
two criteria are met.  The requirement to approve a charter absent those criteria creates
undesirable consequences to all parties.  For example, the state board of education would
be required to approve a charter school petition that has never been reviewed on its
merits by a school district simply because a procedural error by the school district was
deemed improper or arbitrary.  This amendment would afford the state board of
education the discretion to identify any errors committed by the parties to a charter
school appeal, and direct them to reconsider the petition after correcting the errors.
    
The proposed amendments also govern the timeline and process for a school district to
reconsider a charter school petition if it is remanded to the district by the state board of
education, and any further review by the state board of education.
    
    
                          FISCAL  IMPACT
                                
There is no fiscal impact on the state general fund.
    
    
    
    
    
Contact
Name:     Bob West, Idaho State Department of Education
Phone:    332-6810
Name:     Don Robertson, Idaho State Department of Education
Phone:    332-6812                                                           S 1352