2005 Legislation
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HOUSE BILL NO. 287 – Charter schools, new, limit

HOUSE BILL NO. 287

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Bill Status



H0287..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide that no more than twelve
newly-chartered public schools may be approved for any one school year.
                                                                        
03/02    House intro - 1st rdg - to printing
03/03    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 287
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5203, IDAHO  CODE,  TO
  3        PROVIDE  THAT  NOT  MORE THAN TWELVE NEWLY-CHARTERED PUBLIC SCHOOLS MAY BE
  4        APPROVED FOR ANY ONE SCHOOL YEAR; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 33-5203, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
  9    schools  is  hereby  authorized.  Public  charter schools shall be part of the
 10    state's program of public education.
 11        (2)  The number of charter schools which may be approved shall be  limited
 12    in number in accordance with the following:
 13        (a)  Not  more than six twelve (612) newly-chartered public schools may be
 14        approved for any one (1) school year, and
 15        (b)  Not more than one (1) newly-chartered public school  may  be  granted
 16        for any one (1) school district for a school year, and
 17        (c)  No  whole  school  district may be converted to a charter district or
 18        any configuration which includes all schools as public charter schools.
 19        (3)  A public charter school may be formed either by creating a new public
 20    charter school, which charter may be  granted  by  any  authorized  chartering
 21    entity,  or  by  converting  an existing traditional public school to a public
 22    charter school, which charter may only be granted by the board of trustees  of
 23    the school district in which the existing public school is located.
 24        (4)  No charter shall be granted under this chapter:
 25        (a)  Which  provides  for  the conversion of any existing private or paro-
 26        chial school to a public charter school.
 27        (b)  To a for-profit entity or any school which  is  operated  by  a  for-
 28        profit entity, provided however, nothing herein shall prevent the board of
 29        directors  of  a  public charter school from legally contracting with for-
 30        profit entities for the provision of products or services that aid in  the
 31        operation of the school.
 32        (c)  By  the  board of trustees of a school district if the public charter
 33        school's physical location is outside the boundaries  of  the  authorizing
 34        school  district.  The  limitation provided in this subsection (4)(c) does
 35        not apply to a home-based public virtual school.
 36        (5)  A public virtual school charter may be granted by the public  charter
 37    school  commission. In addition, a charter may also be approved and granted by
 38    the state board of education pursuant to section 33-5207(5)(b), Idaho Code.
 39        (6)  The state board of education shall adopt rules, subject  to  law,  to
 40    establish  a  consistent  application  and review process for the approval and
 41    maintenance of all public charter schools.
 42        (7)  The state board of education shall be responsible to designate  those
 43    public  charter  schools  that  will be identified as a local education agency
                                                                        
                                           2
                                                                        
  1    (LEA) as such term is defined in 34 CFR 300.18; however, only  public  charter
  2    schools  chartered  by  the  board  of  trustees  of  a school district may be
  3    included in that district's LEA.
                                                                        
  4        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
  5    declared to exist, this act shall be in full force and effect on and after its
  6    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14551

This bill authorizes not more than twelve newly-charted schools
may be approved for any one school year. Further, it limits
newly-chartered public schools to no more than one new charter to
be approved for any one school district for any one school year


                           FISCAL NOTE

Fiscal impact is approximately $250,000 to fund each additional
charter school. If all twelve charter schools were authorized for
any one school year, the total fiscal impact would be about $1.5
million.



Contact
Name:  Rep. Russ Mathews 
Phone: 208-206-0860
       208-528-7893




STATEMENT OF PURPOSE/FISCAL NOTE                    H 287