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S1018..........................................................by SCHROEDER
CHARTER SCHOOLS - Amends existing law relating to petitions to establish a
public charter school to provide requirements for persons who sign a
petition to establish a public charter school.
01/18 Senate intro - 1st rdg - to printing
01/19 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1018
BY SCHROEDER
1 AN ACT
2 RELATING TO PETITION TO ESTABLISH A PUBLIC CHARTER SCHOOL; AMENDING SECTION
3 33-5205, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR PERSONS WHO SIGN A PETI-
4 TION TO ESTABLISH A NEW PUBLIC CHARTER SCHOOL.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of
9 persons may petition to establish a new public charter school, or to convert
10 an existing traditional public school to a public charter school.
11 (a) A petition to establish a new public charter school, including a pub-
12 lic virtual charter school, shall be signed by not fewer than thirty (30)
13 a number of qualified electors of the service area designated in the peti-
14 tion, and that is equivalent to at least one-half (1/2) of the number of
15 pupils that the charter school proposes to enroll in the first year of
16 operation. The petition shall include a prominent statement that a signa-
17 ture on the petition means that the elector is meaningfully interested in
18 having his or her child attend the proposed charter school. The proposed
19 charter shall be attached to the petition. The petition shall first be
20 submitted to the local board of trustees in which the public charter
21 school will be located. The board of trustees may either: (i) consider the
22 petition and approve the charter; or (ii) consider the petition and reject
23 the charter; or (iii) refer the petition to the public charter school com-
24 mission. If the petitioners and the local board of trustees have not
25 reached mutual agreement on the provisions of the charter, after a reason-
26 able and good faith effort, within thirty (30) days from the date of the
27 submission of the charter petition, the petitioners may withdraw their
28 petition from the local board of trustees and may submit their charter
29 petition to the public charter school commission.
30 (b) A petition to convert an existing traditional public school shall be
31 submitted to the board of trustees of the district in which the school is
32 located for review and approval. The petition shall be signed by not fewer
33 than sixty percent (60%) of the teachers currently employed by the school
34 district at the school to be converted, and by one (1) or more parents or
35 guardians of not fewer than sixty percent (60%) of the students currently
36 attending the school to be converted. Each petition submitted to convert
37 an existing school or to establish a new charter school shall contain a
38 copy of the articles of incorporation and the bylaws of the nonprofit cor-
39 poration, which shall be deemed incorporated into the petition.
40 (2) Not later than thirty (30) days after receiving a petition signed in
41 accordance with the specifications in subsection (1) of this section, the
42 authorized chartering entity shall hold a meeting open to the public for the
43 purpose of discussing the provisions of the charter, at which time the autho-
2
1 rized chartering entity shall consider the merits of the petition and the
2 level of employee and parental support for the petition. In the case of a
3 petition submitted to the public charter school commission, the public hearing
4 shall also include any oral or written comments that an authorized representa-
5 tive of the school district in which the proposed public charter school would
6 be physically located may provide regarding the merits of the petition and any
7 potential impacts on the school district. Following review of the petition and
8 the public hearing, the authorized chartering entity shall either grant or
9 deny the charter within sixty (60) days of receipt of the petition, provided
10 however, that the date may be extended by an additional sixty (60) days if the
11 petition fails to contain the requisite signatures or fails to contain all of
12 the information required in this section, or if both parties agree to the
13 extension.
14 (3) An authorized chartering entity may grant a charter under the provi-
15 sions of this chapter only if it determines that the petition contains the
16 requisite signatures, the information required by subsection (4) of this sec-
17 tion, and additional statements describing all of the following:
18 (a) The proposed educational program of the public charter school,
19 designed among other things, to identify what it means to be an "educated
20 person" in the twenty-first century, and how learning best occurs. The
21 goals identified in the program shall include how all educational thor-
22 oughness standards as defined in section 33-1612, Idaho Code, shall be
23 fulfilled.
24 (b) The measurable student educational standards identified for use by
25 the public charter school. "Student educational standards" for the purpose
26 of this chapter means the extent to which all students of the public
27 charter school demonstrate they have attained the skills and knowledge
28 specified as goals in the school's educational program.
29 (c) The method by which student progress in meeting those student educa-
30 tional standards is to be measured.
31 (d) A provision by which students of the public charter school will be
32 tested with the same standardized tests as other Idaho public school stu-
33 dents.
34 (e) A provision which ensures that the public charter school shall be
35 state accredited as provided by rule of the state board of education.
36 (f) The governance structure of the public charter school including, but
37 not limited to, the person or entity who shall be legally accountable for
38 the operation of the public charter school, and the process to be followed
39 by the public charter school to ensure parental involvement.
40 (g) The qualifications to be met by individuals employed by the public
41 charter school. Instructional staff shall be certified teachers, or may
42 apply for a waiver or any of the limited certification options as provided
43 by rule of the state board of education.
44 (h) The procedures that the public charter school will follow to ensure
45 the health and safety of students and staff.
46 (i) Admission procedures, including provision for overenrollment. Such
47 admission procedures shall provide that the initial admission procedures
48 for a new public charter school, including provision for overenrollment,
49 will be determined by lottery or other random method, except as otherwise
50 provided herein. If initial capacity is insufficient to enroll all pupils
51 who submit a timely application, then the admission procedures may provide
52 that preference shall be given in the following order: first, to children
53 of founders, provided that this admission preference shall be limited to
54 not more than ten percent (10%) of the capacity of the public charter
55 school; second, to siblings of pupils already selected by the lottery or
3
1 other random method; and third, an equitable selection process such as by
2 lottery or other random method. If capacity is insufficient to enroll all
3 pupils for subsequent school terms, who submit a timely application, then
4 the admission procedures may provide that preference shall be given in
5 the following order: first, to pupils returning to the public charter
6 school in the second or any subsequent year of its operation; second, to
7 children of founders, provided that this admission preference shall be
8 limited to not more than ten percent (10%) of the capacity of the public
9 charter school; third, to siblings of pupils already enrolled in the pub-
10 lic charter school; and fourth, an equitable selection process such as by
11 lottery or other random method. There shall be no carryover from year to
12 year of the list maintained to fill vacancies. A new lottery shall be con-
13 ducted each year to fill vacancies which become available.
14 (j) The manner in which an annual audit of the financial and programmatic
15 operations of the public charter school is to be conducted.
16 (k) The disciplinary procedures that the public charter school will uti-
17 lize, including the procedure by which students may be suspended, expelled
18 and reenrolled.
19 (l) A provision which ensures that all staff members of the public
20 charter school will be covered by the public employee retirement system,
21 federal social security, unemployment insurance and worker's compensation
22 insurance.
23 (m) The public school attendance alternative for students residing within
24 the school district who choose not to attend the public charter school.
25 (n) A description of the transfer rights of any employee choosing to work
26 in a public charter school and the rights of such employees to return to
27 any noncharter school in the school district after employment at a public
28 charter school.
29 (o) A provision which ensures that the staff of the public charter school
30 shall be considered a separate unit for purposes of collective bargaining.
31 (p) The procedures to be followed by the public charter school and the
32 authorized chartering entity to resolve disputes relating to provisions of
33 the charter.
34 (q) The manner by which special education services will be provided to
35 students with disabilities who are eligible pursuant to the federal indi-
36 viduals with disabilities education act.
37 (r) The manner by which eligible students from the public charter school
38 shall be allowed to participate in dual enrollment in noncharter schools
39 within the same district as the public charter school, as provided for in
40 section 33-203(7), Idaho Code.
41 (s) The process by which the citizens in the area of attendance shall be
42 made aware of the enrollment opportunities of the public charter school.
43 (4) The petitioner shall provide information regarding the proposed oper-
44 ation and potential effects of the public charter school including, but not
45 limited to, the facilities to be utilized by the public charter school, the
46 manner in which administrative services of the public charter school are to be
47 provided and the potential civil liability effects upon the public charter
48 school and upon the authorized chartering entity.
STATEMENT OF PURPOSE
RS 14625
This legislation increases the number of signatures required on a
charter petition to indicate local support for the proposed
school. The petition shall indicate that by signing the petition
the elector is meaningfully interested in having his or her child
attend the proposed public charter school. The proposed charter
shall be attached to the petition so those signing the petition
have an opportunity to read the charter proposal.
FISCAL IMPACT
No fiscal impact on the general fund.
Contact
Name: Jan Sylvester
Phone: 208-884-5680
STATEMENT OF PURPOSE/FISCAL NOTE S 1018