2004 Legislation
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SENATE BILL NO. 1358 – Charter schools, no limit on number

SENATE BILL NO. 1358

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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 charter
 14    schools which may be approved in each of the first five (5)  years  after  the
 15    effective date of this act be limited in number and geographic distribution in
 16    accordance with the following:
 17        (a)  Not  more  than  sixty (60) schools may be approved in the first five
 18        (5) years after the effective date of this act, and
 19        (b)  Not more than twelve (12) schools may be  approved  in  any  one  (1)
 20        year, and
 21        (c)  Not more than two (2) charters per year may be granted within an edu-
 22        cational classification region as established by the state board of educa-
 23        tion, and
 24        (d)  Not  more  than one (1) charter may be granted for any one (1) school
 25        district in a year, and
 26        (e)  No whole school district may be converted to a  charter  district  or
 27        any configuration which includes all schools as charter schools.
 28    The  legislature  further  finds that, notwithstanding the limitations of this
 29    subsection (2), if fewer than twelve (12) charters are approved by June 1 of a
 30    year, the unused allotments shall be assigned to a statewide pool for  use  by
 31    other  requesting districts. Distributions from the pool shall be made by ran-
 32    dom 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 the
 22    provisions of section 33-5203(2), Idaho Code, the  state  board  of  education
 23    shall  assign  a  number to each petition it receives. Petitions shall be num-
 24    bered based on the chronological order in which notice of the  approved  peti-
 25    tion 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 / Fiscal Impact


                    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