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S1019..........................................................by SCHROEDER
CHARTER SCHOOLS - Amends existing law relating to organization of public
charter schools as nonprofit corporations to incorporate schools chartered
by the public charter school commission.
01/18 Senate intro - 1st rdg - to printing
01/19 Rpt prt - to Educ
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Hill, Noble
Floor Sponsor - Schroeder
Title apvd - to House
02/08 House intro - 1st rdg - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1019
BY SCHROEDER
1 AN ACT
2 RELATING TO ORGANIZATION OF PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5204,
3 IDAHO CODE, TO INCORPORATE SCHOOLS CHARTERED BY THE PUBLIC CHARTER SCHOOL
4 COMMISSION IN THE PROVISIONS OF THE SECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A public
9 charter school shall be organized and managed under the Idaho nonprofit corpo-
10 ration act. The board of directors of a public charter school shall be deemed
11 public agents authorized by a public school district or the public charter
12 school commission, or the state board of education to control the public
13 charter school, but shall function independently of any school board of
14 trustees in any school district in which the public charter school is located,
15 or the public charter school commission or the state board of education,
16 except as provided in the charter. For the purposes of section 59-1302(15),
17 Idaho Code, a public charter school created pursuant to this chapter shall be
18 deemed a governmental entity. Pursuant to the provisions of section 63-3622O,
19 Idaho Code, sales to or purchases by a public charter school are exempt from
20 payment of the sales and use tax. A public charter school and the board of
21 directors of a public charter school are subject to the provisions of:
22 (a) Sections 18-1351 through 18-1362, Idaho Code, on bribery and corrupt
23 influence;
24 (b) Chapter 2, title 59, Idaho Code, on prohibitions against contracts
25 with officers;
26 (c) Chapter 7, title 59, Idaho Code, on ethics in government;
27 (d) Chapter 23, title 67, Idaho Code, on open public meetings; and
28 (e) Chapter 3, title 9, Idaho Code, on disclosure of public records
29 in the same manner that a traditional public school and the board of school
30 trustees of a school district are subject to those provisions.
31 (2) A public charter school may sue or be sued, purchase, receive, hold
32 and convey real and personal property for school purposes, and borrow money
33 for such purposes, to the same extent and on the same conditions as a tradi-
34 tional public school district, and its employees, directors and officers shall
35 enjoy the same immunities as employees, directors and officers of traditional
36 public school districts and other public schools, including those provided by
37 chapter 9, title 6, Idaho Code. The authorized chartering entity that grants a
38 public school charter shall have no liability for the acts, omissions, debts
39 or other obligations of a public charter school, except as may be provided in
40 the charter. A local public school district shall have no liability for the
41 acts, omissions, debts or other obligations of a public charter school located
42 in its district that has been approved by an authorized chartering entity
43 other than the board of trustees of the local school district.
2
1 (3) Nothing in this chapter shall prevent the board of directors of a
2 public charter school, operating as a nonprofit corporation, from borrowing
3 money to finance the purchase or lease of school building facilities, equip-
4 ment and furnishings of those school building facilities. Subject to the terms
5 of a contractual agreement between the board and a lender, nothing herein
6 shall prevent the board from using the facility, its equipment and furnish-
7 ings, as collateral for the loan.
8 (4) Public charter schools shall secure insurance for liability and prop-
9 erty loss.
10 (5) It shall be unlawful for:
11 (a) Any director to have pecuniary interest directly or indirectly in any
12 contract or other transaction pertaining to the maintenance or conduct of
13 the authorized chartering entity and charter, or to accept any reward or
14 compensation for services rendered as a director except as may be other-
15 wise provided in this subsection (5). The board of directors of a public
16 charter school may accept and award contracts involving the public charter
17 school to businesses in which the director or a person related to him by
18 blood or marriage within the second degree has a direct or indirect inter-
19 est, provided that the procedures set forth in section 18-1361 or
20 18-1361A, Idaho Code, are followed. The receiving, soliciting or accep-
21 tance of moneys of a public charter school for deposit in any bank or
22 trust company, or the lending of moneys by any bank or trust company to
23 any public charter school, shall not be deemed to be a contract pertaining
24 to the maintenance or conduct of a public charter school and authorized
25 chartering entity within the meaning of this section; nor shall the pay-
26 ment by any public charter school board of directors of compensation to
27 any bank or trust company for services rendered in the transaction of any
28 banking business with such public charter school board of directors be
29 deemed the payment of any reward or compensation to any officer or direc-
30 tor of any such bank or trust company within the meaning of this section.
31 (b) The board of directors of any public charter school to enter into or
32 execute any contract with the spouse of any member of such board, the
33 terms of which said contract require, or will require, the payment or
34 delivery of any public charter school funds, moneys or property to such
35 spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code.
36 (6) When any relative of any director or relative of the spouse of a
37 director related by affinity or consanguinity within the second degree is to
38 be considered for employment in a public charter school, such director shall
39 abstain from voting in the election of such relative, and shall be absent from
40 the meeting while such employment is being considered and determined.
STATEMENT OF PURPOSE
RS 14626
This legislation adds the Public Charter School Commission as an
authorized chartering entity. This section of the law was not
updated in 2004 when S1444 created the Public Charter School
Commission.
FISCAL IMPACT
No fiscal impact on the general fund.
Contact
Name: Jan Sylvester
Phone: 208-884-5680
STATEMENT OF PURPOSE/FISCAL NOTE S 1019