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S1362..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide that a description of
admission procedures in a petition for a charter school may allow for
reservation of ten percent of available capacity in each grade for children
of specified persons; to require that any lottery shall be conducted by a
third party; to provide that the public school attendance alternative for
students who choose not to attend a charter school in the district applies
only to petitions to convert an existing school; to provide that a petition
for a charter school which is not a multidistrict electronic charter
school, shall contain a description of the attendance area; and to define
attendance area.
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. 1362
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO
3 PROVIDE THAT A DESCRIPTION OF ADMISSION PROCEDURES IN A PETITION FOR A
4 CHARTER SCHOOL MAY ALLOW FOR RESERVATION OF TEN PERCENT OF AVAILABLE
5 CAPACITY IN EACH GRADE FOR CHILDREN OF SPECIFIED PERSONS, TO REQUIRE THAT
6 ANY LOTTERY SHALL BE CONDUCTED BY A THIRD PARTY, TO PROVIDE THAT THE PUB-
7 LIC SCHOOL ATTENDANCE ALTERNATIVE FOR STUDENTS WHO CHOOSE NOT TO ATTEND A
8 CHARTER SCHOOL IN THE DISTRICT APPLIES ONLY TO PETITIONS TO CONVERT AN
9 EXISTING SCHOOL, TO PROVIDE THAT A PETITION FOR A CHARTER SCHOOL, NOT A
10 MULTIDISTRICT ELECTRONIC CHARTER SCHOOL, SHALL CONTAIN A DESCRIPTION OF
11 THE ATTENDANCE AREA AND TO DEFINE ATTENDANCE AREA.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request
16 the board of trustees of a school district to establish a charter school, or
17 to convert an existing school within the school district to charter status. A
18 petition to convert an existing school shall be submitted to the board of
19 trustees of the district for review after the petition has been signed by not
20 less than sixty percent (60%) of the teachers currently employed by the school
21 district at the school to be converted, and by one (1) or more parents or
22 guardians of not less than sixty percent (60%) of the students currently
23 attending the school to be converted. A petition to establish a new charter
24 school shall be submitted to the board of trustees of the district for review
25 after the petition has been signed by not less than thirty (30) qualified
26 electors of the district.
27 (2) Not later than thirty (30) days after receiving a petition signed in
28 accordance with the specifications in subsection (1) of this section, the
29 board of trustees shall hold a meeting open to the public for the purpose of
30 discussing the provisions of the charter, at which time the board shall con-
31 sider the merits of the petition and the level of employee and parental sup-
32 port for the petition. Following review of the petition and the public hear-
33 ing, the board of trustees shall either grant or deny the charter within sixty
34 (60) days of receipt of the petition, provided however, that the date may be
35 extended by an additional sixty (60) days if the petition fails to meet the
36 signature requirements or fails to contain all of the information required in
37 this section, or if both parties agree to the extension.
38 (3) A board of trustees may grant a charter for operation of a school
39 under the provisions of this chapter if it determines that the petition con-
40 tains the number of signatures required, a statement of each of the conditions
41 described in subsection (4) of this section, and descriptions of all of the
42 following:
43 (a) The educational program of the charter school, designed among other
2
1 things, to identify what it means to be an "educated person" in the
2 twenty-first century, and how learning best occurs. The goals identified
3 in the program shall include how all educational thoroughness standards as
4 defined in section 33-1612, Idaho Code, shall be fulfilled.
5 (b) The measurable student educational standards identified for use by
6 the charter school. "Student educational standards" for the purpose of
7 this chapter means the extent to which all students of the charter school
8 demonstrate they have attained the skills and knowledge specified as
9 goals in the school's educational program.
10 (c) The method by which student progress in meeting those student educa-
11 tional standards is to be measured.
12 (d) A provision by which students of the charter school will be tested
13 with the same standardized tests as other Idaho public school students.
14 (e) A provision which ensures that the charter school shall be state
15 accredited as provided by rule of the state board of education.
16 (f) The governance structure of the charter school including, but not
17 limited to, the person or entity who shall be legally accountable for the
18 operation of the school, and the process to be followed by the charter
19 school to ensure parental involvement.
20 (g) The qualifications to be met by individuals employed by the charter
21 school. Instructional staff shall be certified teachers, or may apply for
22 a waiver or any of the limited certification options as provided by rule
23 of the state board of education.
24 (h) The procedures that the charter school will follow to ensure the
25 health and safety of students and staff.
26 (i) Admission procedures, including provision for overenrollment. Initial
27 admission procedures for a new charter school, not a renewal, including
28 may provide that not more than ten percent (10%) of the available capacity
29 in each grade may be reserved for the children of charter school founders,
30 members of the board of directors and full-time employees. The petition
31 shall describe its provisions for overenrollment, which specifies shall
32 specify that admission for positions not reserved for children of found-
33 ers, directors and full-time charter school employees will be determined
34 by lottery or other random method. If initial capacity is insufficient to
35 enroll all pupils who submit a timely application, preference shall be
36 given in the following order: first, to siblings of pupils already
37 selected by the lottery or other random method; and second, an equitable
38 selection process such as by lottery or other random method. If capacity
39 is insufficient to enroll all pupils for subsequent school terms, who sub-
40 mit a timely application, preference shall be given in the following
41 order: first, to pupils returning to the charter school in the second or
42 any subsequent year of its operation; second, to siblings of pupils
43 already enrolled in the charter school; and third, an equitable selection
44 process such as by lottery or other random method. The petition shall pro-
45 vide that any lottery conducted pursuant to this section shall be con-
46 ducted by a third party chosen mutually by the chartering authority and
47 the charter school.
48 (j) The manner in which an annual audit of the financial and programmatic
49 operations of the charter school is to be conducted.
50 (k) The procedures by which students can be suspended, expelled and
51 reenrolled.
52 (l) A provision which ensures all staff members of the charter school
53 will be covered by the public employee retirement system, federal social
54 security, unemployment insurance and worker's compensation insurance.
55 (m) The public school attendance alternative for students residing within
3
1 the school district who choose not to attend the charter school if the
2 proposed charter school is a conversion of an existing school to charter
3 status.
4 (n) A description of the transfer rights of any employee choosing to work
5 in a charter school and the rights of such employees to return to any non-
6 charter school in the school district after employment at a charter
7 school.
8 (o) A provision which ensures that the staff of the charter school shall
9 be considered a separate unit for purposes of collective bargaining.
10 (p) The procedures to be followed by the charter school and the entity
11 granting the charter to resolve disputes relating to provisions of the
12 charter.
13 (q) The manner by which special education services will be provided to
14 students with disabilities who are eligible pursuant to the federal indi-
15 viduals with disabilities education act.
16 (r) The manner by which eligible students from the charter school shall
17 be allowed to participate in dual enrollment in noncharter schools within
18 the district as provided for in chapter 2, title 33, Idaho Code.
19 (s) Attendance area of a school, excluding multidistrict electronic
20 charter schools. The attendance area of a charter school which is not a
21 multidistrict electronic charter school, shall be circumscribed by the
22 boundaries of the authorizing school district and shall include the area
23 entirely encompassed within the boundaries of the authorizing school dis-
24 trict. The attendance area shall be a single unit, and no neighborhoods or
25 homes within the area shall be excluded. Admission preference as described
26 in section 33-5206, Idaho Code, shall be given to students residing in the
27 attendance area.
28 (4) The petitioner shall provide information regarding the proposed oper-
29 ation and potential effects of the school including, but not limited to, the
30 facilities to be utilized by the school, the manner in which administrative
31 services of the school are to be provided and the potential civil liability
32 effects upon the school and upon the district.
STATEMENT OF PURPOSE
RS 14107
Currently, charter schools may not extend an admission preference to children of
the individuals who initiate and organize charter schools. Because these parents are not
guaranteed that their children will be selected to attend the charter school, there is less of
an incentive to organize and seek the approval of new charter schools. The proposed
amendments would allow up to ten percent (10%) of the available capacity in each grade
to be reserved for the children of charter school founders, board members, and
employees, thereby giving an incentive to parents to organize charter schools, while not
significantly affecting the total enrollment of the school or unfairly excluding potential
students.
The proposed amendments also would provide for random lotteries, in the case of
over-enrollment, to be conducted by a third party, thereby protecting the charter school
from allegations by disgruntled individuals that the charter school may have improperly
influenced the selection of students.
Additionally, the proposed amendments also clarify that charter school
petitioners only have to describe an attendance alternative for students not wishing to
attend the charter school if the petition is for the conversion of an existing public school
to charter status.
Finally, the proposed amendments would provide that all future charter schools,
except for electronic multidistrict charter schools, will have primary attendance areas
only within the approving school districts, and that their proposed attendance areas must
be contiguous rather than excluding certain neighborhoods or homes within that
attendance area. Students who reside outside the primary attendance area may be
allowed to attend the charter school under current law.
FISCAL IMPACT
There is no fiscal impact on the state general fund.
Contact
Name: Bob West, Idaho State Department of Education
Phone: 332-6812
Name: Don Robertson, Idaho State Department of Education
Phone: 332-6812 S 1362