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S1358..........................................................by EDUCATION CHARTER SCHOOLS - Amends existing law to delete provisions for limiting the number of charter schools which may be approved; to delete provisions for assigning unused allotments; and to delete duties of the State Board of Education for numbering approved charter school petitions. 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 03/03 3rd rdg - PASSED - 30-5-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Cameron, Compton(Duncan), Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson, Schroeder, Sorensen, Sweet, Werk, Williams NAYS -- Calabretta, Keough, Marley, Stegner, Stennett Absent and excused -- None Floor Sponsor - Andreason Title apvd - to House 03/04 House intro - 1st rdg - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1358 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5203, IDAHO CODE, TO 3 DELETE OBSOLETE PROVISIONS FOR LIMITING THE NUMBER OF CHARTER SCHOOLS 4 WHICH MAY BE APPROVED AND TO DELETE PROVISIONS FOR ASSIGNING UNUSED ALLOT- 5 MENTS; AND AMENDING SECTION 33-5206, IDAHO CODE, TO DELETE DUTIES OF THE 6 STATE BOARD OF EDUCATION FOR NUMBERING APPROVED CHARTER SCHOOL PETITIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 33-5203, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter 11 schools is hereby authorized. Charter schools shall be part of the state's 12 program of public education. 13 (2)It is the intent of the legislature that the number of charter14schools which may be approved in each of the first five (5) years after the15effective date of this act be limited in number and geographic distribution in16accordance with the following:17(a) Not more than sixty (60) schools may be approved in the first five18(5) years after the effective date of this act, and19(b) Not more than twelve (12) schools may be approved in any one (1)20year, and21(c) Not more than two (2) charters per year may be granted within an edu-22cational classification region as established by the state board of educa-23tion, and24(d) Not more than one (1) charter may be granted for any one (1) school25district in a year, and26(e)No whole school district may be converted to a charter district or 27 any configuration which includes all schools as charter schools. 28The legislature further finds that, notwithstanding the limitations of this29subsection (2), if fewer than twelve (12) charters are approved by June 1 of a30year, the unused allotments shall be assigned to a statewide pool for use by31other requesting districts. Distributions from the pool shall be made by ran-32dom drawing.33 (3) A charter school may be formed by creating a new school or converting 34 an existing public school to charter status. No charter shall be granted under 35 this chapter which authorizes the conversion of any private or parochial 36 school to a charter school. No charter shall be granted to or operated by a 37 for-profit entity. 38 SECTION 2. That Section 33-5206, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 33-5206. REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL. 41 (1) In addition to any other requirements imposed in this chapter, a charter 2 1 school shall be nonsectarian in its programs, affiliations, admission poli- 2 cies, employment practices, and all other operations, shall not charge 3 tuition, levy taxes or issue bonds, and shall not discriminate against any 4 student on any basis prohibited by the federal or state constitutions or any 5 federal, state or local law. Admission to a charter school shall not be deter- 6 mined according to the place of residence of the student, or of the student's 7 parent or guardian within the district, except that a new or conversion 8 charter school established under the provisions of this chapter shall adopt 9 and maintain a policy giving admission preference to students who reside 10 within the attendance area of that school. 11 (2) No board of trustees shall require any employee of the school dis- 12 trict to be involuntarily assigned to work in a charter school. 13 (3) Certified teachers in a charter school shall be considered public 14 school teachers. Educational experience shall accrue for service in a charter 15 school and such experience shall be counted by any school district to which 16 the teacher returns after employment in a charter school. 17 (4) No board of trustees shall require any student enrolled in the school 18 district to attend a charter school. 19 (5) Upon approval of the petition by the board of trustees, the peti- 20 tioner shall provide written notice of that approval, including a copy of the 21 petition, to the state board of education.For the purpose of implementing the22provisions of section 33-5203(2), Idaho Code, the state board of education23shall assign a number to each petition it receives. Petitions shall be num-24bered based on the chronological order in which notice of the approved peti-25tion is received by the state board of education.26 (6) Each charter school shall annually submit a report to the local board 27 of trustees which approved its charter. In the case of a new charter school 28 whose charter was granted by the state board of education pursuant to section 29 33-5207, Idaho Code, the annual report shall be submitted to the state board 30 of education. The report shall contain the audit of the fiscal and 31 programmatic operations as required in section 33-5205(3)(j), Idaho Code, a 32 report on student progress based on the charter school's student educational 33 standards identified in section 33-5205(3)(b), Idaho Code, and a copy of the 34 charter school's accreditation report.
STATEMENT OF PURPOSE RS 14096 This proposal amends Idaho Code 33-5203 and 33-5206 to delete from code obsolete provisions to limit the number of charter schools which may be approved each year in the state, and in each region, by boards of trustees in each district, during the first five years in which the Charter School Act was in place. The charter school act went into affect on July 1, 1998, and that limitation is no longer applicable. 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 1358