Print Friendly SENATE BILL NO. 1355 – Charter schools, vacancies, notice
SENATE BILL NO. 1355
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CHARTER SCHOOLS - Amends existing law relating to charter schools to
provide for a process to notify citizens of vacancies in enrollment; to
require a selection process to be conducted anew each year; and to further
govern the conduct of the selection process.
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. 1355
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO PROVIDE
3 FOR A PROCESS TO NOTIFY CITIZENS OF VACANCIES IN ENROLLMENT, TO REQUIRE A
4 SELECTION PROCESS TO BE CONDUCTED ANEW EACH YEAR, AND TO FURTHER GOVERN
5 THE CONDUCT OF THE SELECTION PROCESS; AND AMENDING SECTION 33-5206, IDAHO
6 CODE, TO PROVIDE A CORRECT CODE REFERENCE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
11 the board of trustees of a school district to establish a charter school, or
12 to convert an existing school within the school district to charter status. A
13 petition to convert an existing school shall be submitted to the board of
14 trustees of the district for review after the petition has been signed by not
15 less than sixty percent (60%) of the teachers currently employed by the school
16 district at the school to be converted, and by one (1) or more parents or
17 guardians of not less than sixty percent (60%) of the students currently
18 attending the school to be converted. A petition to establish a new charter
19 school shall be submitted to the board of trustees of the district for review
20 after the petition has been signed by not less than thirty (30) qualified
21 electors of the district.
22 (2) Not later than thirty (30) days after receiving a petition signed in
23 accordance with the specifications in subsection (1) of this section, the
24 board of trustees shall hold a meeting open to the public for the purpose of
25 discussing the provisions of the charter, at which time the board shall con-
26 sider the merits of the petition and the level of employee and parental sup-
27 port for the petition. Following review of the petition and the public hear-
28 ing, the board of trustees shall either grant or deny the charter within sixty
29 (60) days of receipt of the petition, provided however, that the date may be
30 extended by an additional sixty (60) days if the petition fails to meet the
31 signature requirements or fails to contain all of the information required in
32 this section, or if both parties agree to the extension.
33 (3) A board of trustees may grant a charter for operation of a school
34 under the provisions of this chapter if it determines that the petition con-
35 tains the number of signatures required, a statement of each of the conditions
36 described in subsection (4) of this section, and descriptions of all of the
38 (a) The educational program of the charter school, designed among other
39 things, to identify what it means to be an "educated person" in the
40 twenty-first century, and how learning best occurs. The goals identified
41 in the program shall include how all educational thoroughness standards as
42 defined in section 33-1612, Idaho Code, shall be fulfilled.
43 (b) The measurable student educational standards identified for use by
1 the charter school. "Student educational standards" for the purpose of
2 this chapter means the extent to which all students of the charter school
3 demonstrate they have attained the skills and knowledge specified as goals
4 in the school's educational program.
5 (c) The method by which student progress in meeting those student educa-
6 tional standards is to be measured.
7 (d) A provision by which students of the charter school will be tested
8 with the same standardized tests as other Idaho public school students.
9 (e) A provision which ensures that the charter school shall be state
10 accredited as provided by rule of the state board of education.
11 (f) The governance structure of the charter school including, but not
12 limited to, the person or entity who shall be legally accountable for the
13 operation of the school, and the process to be followed by the charter
14 school to ensure parental involvement.
15 (g) The qualifications to be met by individuals employed by the charter
16 school. Instructional staff shall be certified teachers, or may apply for
17 a waiver or any of the limited certification options as provided by rule
18 of the state board of education.
19 (h) The procedures that the charter school will follow to ensure the
20 health and safety of students and staff.
21 (i) The process by which the citizens in the area of attendance shall be
22 made aware of the enrollment opportunities of the charter school.
23 (j) Admission procedures, including provision for overenrollment. Initial
24 admission procedures for a new charter school, not a renewal, including
25 provision for overenrollment, which specifies admission will be determined
26 by lottery or other random method. If initial capacity is insufficient to
27 enroll all pupils who submit a timely application, preference shall be
28 given in the following order: first, to siblings of pupils already
29 selected by the lottery or other random method; and second, an equitable
30 selection process such as by lottery or other random method. If capacity
31 is insufficient to enroll all pupils for subsequent school terms, who sub-
32 mit a timely application, preference shall be given in the following
33 order: first, to pupils returning to the charter school in the second or
34 any subsequent year of its operation; second, to siblings of pupils
35 already enrolled in the charter school; and third, an equitable selection
36 process such as by lottery or other random method. Each year after capac-
37 ity is filled, the school may assemble a list of applicants, in the order
38 of the random selection method, to be used to fill vacancies which become
39 available during the year. At the end of each year, the list shall be dis-
40 carded and a random selection process shall again be used to meet the
41 enrollment and maintain a list to fill vacancies. The description shall
42 also include the method by which at least two (2) persons not associated
43 with the charter school as employees, parents of students, or in any other
44 way, will conduct the random selection method.
45 ( jk) The manner in which an annual audit of the financial and
46 programmatic operations of the charter school is to be conducted.
47 ( kl) The procedures by which students can be suspended, expelled and
49 ( lm) A provision which ensures all staff members of the charter school
50 will be covered by the public employee retirement system, federal social
51 security, unemployment insurance and worker's compensation insurance.
52 ( mn) The public school attendance alternative for students residing
53 within the school district who choose not to attend the charter school.
54 ( no) A description of the transfer rights of any employee choosing to
55 work in a charter school and the rights of such employees to return to any
1 noncharter school in the school district after employment at a charter
3 ( op) A provision which ensures that the staff of the charter school shall
4 be considered a separate unit for purposes of collective bargaining.
5 ( pq) The procedures to be followed by the charter school and the entity
6 granting the charter to resolve disputes relating to provisions of the
8 ( qr) The manner by which special education services will be provided to
9 students with disabilities who are eligible pursuant to the federal indi-
10 viduals with disabilities education act.
11 ( rs) The manner by which eligible students from the charter school shall
12 be allowed to participate in dual enrollment in noncharter schools within
13 the district as provided for in chapter 2, title 33, Idaho Code.
14 (4) The petitioner shall provide information regarding the proposed oper-
15 ation and potential effects of the school including, but not limited to, the
16 facilities to be utilized by the school, the manner in which administrative
17 services of the school are to be provided and the potential civil liability
18 effects upon the school and upon the district.
19 SECTION 2. That Section 33-5206, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 33-5206. REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL.
22 (1) In addition to any other requirements imposed in this chapter, a charter
23 school shall be nonsectarian in its programs, affiliations, admission poli-
24 cies, employment practices, and all other operations, shall not charge
25 tuition, levy taxes or issue bonds, and shall not discriminate against any
26 student on any basis prohibited by the federal or state constitutions or any
27 federal, state or local law. Admission to a charter school shall not be deter-
28 mined according to the place of residence of the student, or of the student's
29 parent or guardian within the district, except that a new or conversion
30 charter school established under the provisions of this chapter shall adopt
31 and maintain a policy giving admission preference to students who reside
32 within the attendance area of that school.
33 (2) No board of trustees shall require any employee of the school dis-
34 trict to be involuntarily assigned to work in a charter school.
35 (3) Certified teachers in a charter school shall be considered public
36 school teachers. Educational experience shall accrue for service in a charter
37 school and such experience shall be counted by any school district to which
38 the teacher returns after employment in a charter school.
39 (4) No board of trustees shall require any student enrolled in the school
40 district to attend a charter school.
41 (5) Upon approval of the petition by the board of trustees, the peti-
42 tioner shall provide written notice of that approval, including a copy of the
43 petition, to the state board of education. For the purpose of implementing the
44 provisions of section 33-5203(2), Idaho Code, the state board of education
45 shall assign a number to each petition it receives. Petitions shall be num-
46 bered based on the chronological order in which notice of the approved peti-
47 tion is received by the state board of education.
48 (6) Each charter school shall annually submit a report to the local board
49 of trustees which approved its charter. In the case of a new charter school
50 whose charter was granted by the state board of education pursuant to section
51 33-5207, Idaho Code, the annual report shall be submitted to the state board
52 of education. The report shall contain the audit of the fiscal and
53 programmatic operations as required in section 33-5205(3)( jk), Idaho Code, a
1 report on student progress based on the charter school's student educational
2 standards identified in section 33-5205(3)(b), Idaho Code, and a copy of the
3 charter school's accreditation report.
STATEMENT OF PURPOSE
An act relating to charter schools; Amending Section 33-5205,
Idaho Code, to provide for a process to notify citizens of
vacancies in enrollment, to require a selection process to be
conducted anew each year, and to further govern the conduct of
the selection process; and amending Section 33-5206, Idaho Code,
to provide a correct code reference.
Name: Senator Gary Schroeder
STATEMENT OF PURPOSE/FISCAL NOTE S 1355