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S1363..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to require that employment of charter
school teachers and administrators shall be on written contract in a form
as approved by the State Superintendent of Public Instruction conditioned
upon a valid certificate being held by such professional personnel at the
time of entering upon the duties thereunder.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
02/27 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 20-11-4
AYES -- Andreason, Bailey, Bunderson, Burkett, Calabretta,
Darrington, Gannon, Goedde, Ingram, Kennedy, Little, Lodge, Malepeai,
Marley, McWilliams, Noh, Schroeder, Sorensen, Stegner, Werk
NAYS -- Burtenshaw, Cameron, Davis, Geddes, Hill, Keough, McKenzie,
Noble, Pearce, Sweet, Williams
Absent and excused -- Brandt, Compton(Duncan), Richardson, Stennett
Floor Sponsor - McWilliams
Title apvd - to House
03/08 House intro - 1st rdg - to Educ
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
Rls susp - PASSED - 58-2-10
AYES -- Andersen, Barraclough, Bayer, Bell, Black, Block, Boe, Bolz,
Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker
NAYS -- Barrett, Bedke
Absent and excused -- Bauer, Clark, Eberle, Harwood, Kulczyk,
Ridinger, Roberts, Smith(24), Trail, Wood
Floor Sponsor - Sayler
Title apvd - to Senate
03/20 To enrol
03/22 Rpt enrol - Pres signed
03/22 Sp signed - To Governor
04/02 Governor signed
Session Law Chapter 376
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1363
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5206, IDAHO CODE, TO
3 REQUIRE THAT EMPLOYMENT OF CHARTER SCHOOL TEACHERS AND ADMINISTRATORS
4 SHALL BE ON WRITTEN CONTRACT IN FORM AS APPROVED BY THE STATE SUPERINTEND-
5 ENT OF PUBLIC INSTRUCTION CONDITIONED UPON A VALID CERTIFICATE BEING HELD
6 BY SUCH PROFESSIONAL PERSONNEL AT THE TIME OF ENTERING UPON THE DUTIES
7 THEREUNDER.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-5206, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-5206. REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL.
12 (1) In addition to any other requirements imposed in this chapter, a charter
13 school shall be nonsectarian in its programs, affiliations, admission poli-
14 cies, employment practices, and all other operations, shall not charge
15 tuition, levy taxes or issue bonds, and shall not discriminate against any
16 student on any basis prohibited by the federal or state constitutions or any
17 federal, state or local law. Admission to a charter school shall not be deter-
18 mined according to the place of residence of the student, or of the student's
19 parent or guardian within the district, except that a new or conversion
20 charter school established under the provisions of this chapter shall adopt
21 and maintain a policy giving admission preference to students who reside
22 within the attendance area of that school.
23 (2) No board of trustees shall require any employee of the school dis-
24 trict to be involuntarily assigned to work in a charter school.
25 (3) Certified teachers in a charter school shall be considered public
26 school teachers. Educational experience shall accrue for service in a charter
27 school and such experience shall be counted by any school district to which
28 the teacher returns after employment in a charter school.
29 (4) Employment of charter school teachers and administrators shall be on
30 written contract in form as approved by the state superintendent of public
31 instruction, conditioned upon a valid certificate being held by such profes-
32 sional personnel at the time of entering upon the duties thereunder.
33 (5) No board of trustees shall require any student enrolled in the school
34 district to attend a charter school.
35 (56) Upon approval of the petition by the board of trustees, the peti-
36 tioner shall provide written notice of that approval, including a copy of the
37 petition, to the state board of education. For the purpose of implementing the
38 provisions of section 33-5203(2), Idaho Code, the state board of education
39 shall assign a number to each petition it receives. Petitions shall be num-
40 bered based on the chronological order in which notice of the approved peti-
41 tion is received by the state board of education.
42 (67) Each charter school shall annually submit a report to the local
43 board of trustees which approved its charter. In the case of a new charter
2
1 school whose charter was granted by the state board of education pursuant to
2 section 33-5207, Idaho Code, the annual report shall be submitted to the state
3 board of education. The report shall contain the audit of the fiscal and
4 programmatic operations as required in section 33-5205(3)(j), Idaho Code, a
5 report on student progress based on the charter school's student educational
6 standards identified in section 33-5205(3)(b), Idaho Code, and a copy of the
7 charter school's accreditation report.
STATEMENT OF PURPOSE
RS 14112
This proposal amends Idaho Code 33-5206 regarding one of the requirements of the
operation of a charter school. The amendment clarifies that professional personnel such
as teachers and administrators hired by a governing board of a charter school are to be
employed by written contract using the format approved by the state superintendent of
public instruction. Instructional and administrative personnel are to have a valid Idaho
certificate when they begin their period of employment. This amendment spells out the
conditions of accountability for preparation and employment of professional personnel in
place for all Idaho public schools, including charter schools.
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 1363