2005 Legislation
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SENATE BILL NO. 1017 – Charter school, admission lottery

SENATE BILL NO. 1017

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Bill Status



S1017..........................................................by SCHROEDER
CHARTER SCHOOLS - Amends existing law relating to requirements for approval
of a public charter school to specify requirements for the lottery system
for enrollment in a public charter school.
                                                                        
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Educ
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/07    3rd rdg - FAILED - 14-19-2
      AYES -- Andreason, Burkett, Coiner, Compton, Darrington, Gannon,
      Kelly, Keough, Langhorst, Malepeai, Schroeder, Stegner, Stennett,
      Werk
      NAYS -- Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Corder,
      Davis, Geddes, Goedde, Hill, Jorgenson, Little, Lodge, McGee,
      McKenzie, Noble, Pearce, Richardson, Sweet
      Absent and excused -- Marley, Williams
    Floor Sponsor - Schroeder
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1017
                                                                        
                                        BY SCHROEDER
                                                                        
  1                                        AN ACT
  2    RELATING TO REQUIREMENTS FOR APPROVAL OF A  PUBLIC  CHARTER  SCHOOL;  AMENDING
  3        SECTION  33-5206, IDAHO CODE, TO SPECIFY REQUIREMENTS FOR THE LOTTERY SYS-
  4        TEM FOR ENROLLMENT IN A PUBLIC CHARTER SCHOOL.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 33-5206, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-5206.  REQUIREMENTS  AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER
  9    SCHOOL. (1) In addition to any other requirements imposed in this  chapter,  a
 10    public  charter  school  shall  be nonsectarian in its programs, affiliations,
 11    admission policies, employment practices, and all other operations, shall  not
 12    charge  tuition, levy taxes or issue bonds, and shall not discriminate against
 13    any student on any basis prohibited by the federal or state  constitutions  or
 14    any  federal,  state  or local law. Admission to a public charter school shall
 15    not be determined according to the place of residence of the  student,  or  of
 16    the  student's  parent  or  guardian within the district, except that a new or
 17    conversion public charter school established  under  the  provisions  of  this
 18    chapter  shall adopt and maintain a policy giving admission preference to stu-
 19    dents who reside within the attendance area of that public charter school. The
 20    attendance area of a charter school, as described in the  petition,  shall  be
 21    composed  of compact and contiguous area. For the purposes of this section, if
 22    services are available to students throughout the state, the state of Idaho is
 23    considered a compact and contiguous area. A lottery system for enrollment in a
 24    public charter school shall be conducted by an independent third party.  Lists
 25    established by the admission lottery for enrollment, including a waiting list,
 26    shall remain  valid for the entire year of that lottery.
 27        (2)  No  board  of  trustees shall require any employee of the school dis-
 28    trict to be involuntarily assigned to work in a public charter school.
 29        (3)  Certified teachers in a public charter  school  shall  be  considered
 30    public  school  teachers. Educational experience shall accrue for service in a
 31    public charter school and such experience shall be counted by any school  dis-
 32    trict  to  which  the  teacher  returns  after  employment in a public charter
 33    school.
 34        (4)  Employment of charter school teachers and administrators shall be  on
 35    written  contract  in  form  as approved by the state superintendent of public
 36    instruction, conditioned upon a valid certificate being held by  such  profes-
 37    sional personnel at the time of entering upon the duties thereunder.
 38        (5)  No board of trustees shall require any student enrolled in the school
 39    district to attend a public charter school.
 40        (6)  Upon  approval  of  the petition by the authorized chartering entity,
 41    the petitioner shall provide written notice of that approval, including a copy
 42    of the petition, to the state board of education. For the  purpose  of  imple-
 43    menting  the  provisions of section 33-5203(2), Idaho Code, the state board of
                                                                        
                                           2
                                                                        
  1    education shall assign a number to each petition it receives. Petitions  shall
  2    be  numbered  based on the chronological order in which notice of the approved
  3    petition is received by the state board of education.
  4        (7)  Each public charter school shall annually  submit  a  report  to  the
  5    authorized chartering entity which approved its charter. The report shall con-
  6    tain  the  audit of the fiscal and programmatic operations as required in sec-
  7    tion 33-5205(3)(j), Idaho Code, a report on student progress based on the pub-
  8    lic charter school's  student  educational  standards  identified  in  section
  9    33-5205(3)(b),  Idaho Code, and a copy of the public charter school's accredi-
 10    tation report.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14630
This legislation adds a requirement that the lottery to select
students for admission to a public charter school and to place
students on waiting lists for a public charter school be
conducted by an independent third party.




                          FISCAL IMPACT
No fiscal impact on the general fund.

Contact
Name: Jan Sylvester 
Phone: 208-884-5680




STATEMENT OF PURPOSE/FISCAL NOTE                  S 1017