Print Friendly SENATE BILL NO. 1352 – Charter school, appeal procedure
SENATE BILL NO. 1352
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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
]]]] 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
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
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
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.
There is no fiscal impact on the state general fund.
Name: Bob West, Idaho State Department of Education
Name: Don Robertson, Idaho State Department of Education
Phone: 332-6812 S 1352