2005 Legislation
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SENATE BILL NO. 1021 – Charter schools, attendance area

SENATE BILL NO. 1021

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Bill Status



S1021..........................................................by SCHROEDER
CHARTER SCHOOLS - Amends existing law relating to requirements for approval
of a public charter school to further define the attendance area of a
public charter school.
                                                                        
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1021
                                                                        
                                        BY SCHROEDER
                                                                        
  1                                        AN ACT
  2    RELATING TO REQUIREMENTS FOR APPROVAL OF A  PUBLIC  CHARTER  SCHOOL;  AMENDING
  3        SECTION  33-5206,  IDAHO  CODE, TO FURTHER DEFINE THE ATTENDANCE AREA OF A
  4        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.
 20    Charter schools authorized by a local district board of trustees shall have an
 21    attendance  area  consisting  of the entire district, except that a conversion
 22    public charter school established under the provisions of this  chapter  shall
 23    adopt and maintain a policy giving admission preference to students who reside
 24    within  the  attendance area of that traditional public school. The attendance
 25    area of a charter school, as described in the petition, shall be  composed  of
 26    compact and contiguous area. For the purposes of this section, if services are
 27    available to students throughout the state, the state of Idaho is considered a
 28    compact and contiguous area.
 29        (2)  No  board  of  trustees shall require any employee of the school dis-
 30    trict to be involuntarily assigned to work in a public charter school.
 31        (3)  Certified teachers in a public charter  school  shall  be  considered
 32    public  school  teachers. Educational experience shall accrue for service in a
 33    public charter school and such experience shall be counted by any school  dis-
 34    trict  to  which  the  teacher  returns  after  employment in a public charter
 35    school.
 36        (4)  Employment of charter school teachers and administrators shall be  on
 37    written  contract  in  form  as approved by the state superintendent of public
 38    instruction, conditioned upon a valid certificate being held by  such  profes-
 39    sional personnel at the time of entering upon the duties thereunder.
 40        (5)  No board of trustees shall require any student enrolled in the school
 41    district to attend a public charter school.
 42        (6)  Upon  approval  of  the petition by the authorized chartering entity,
 43    the petitioner shall provide written notice of that approval, including a copy
                                                                        
                                           2
                                                                        
  1    of the petition, to the state board of education. For the  purpose  of  imple-
  2    menting  the  provisions of section 33-5203(2), Idaho Code, the state board of
  3    education shall assign a number to each petition it receives. Petitions  shall
  4    be  numbered  based on the chronological order in which notice of the approved
  5    petition is received by the state board of education.
  6        (7)  Each public charter school shall annually  submit  a  report  to  the
  7    authorized chartering entity which approved its charter. The report shall con-
  8    tain  the  audit of the fiscal and programmatic operations as required in sec-
  9    tion 33-5205(3)(j), Idaho Code, a report on student progress based on the pub-
 10    lic charter school's  student  educational  standards  identified  in  section
 11    33-5205(3)(b),  Idaho Code, and a copy of the public charter school's accredi-
 12    tation report.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14628
This legislation makes access to public charter schools
authorized by the local district board of trustees more equitable
for students by extending the attendance area to the entire
district.  A district is limited to one newly chartered public
charter school per year and if the attendance area is smaller
than the district it limits the opportunity for all students of
the district to have access to expanded educational choices.  A
traditional public school that converts to a public charter
school may give admission preference to students who reside
within its previously established attendance area.


                          FISCAL IMPACT
No fiscal impact on the general fund.


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




STATEMENT OF PURPOSE/FISCAL NOTE                     S 1021