2005 Legislation
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SENATE BILL NO. 1022 – Charter school, admission lottery

SENATE BILL NO. 1022

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Bill Status



S1022..........................................................by SCHROEDER
CHARTER SCHOOLS - Amends existing law relating to operation of public
charter schools to specify requirements for participation in the lottery
for admission to 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. 1022
                                                                        
                                        BY SCHROEDER
                                                                        
  1                                        AN ACT
  2    RELATING TO OPERATION OF PUBLIC CHARTER  SCHOOLS;  AMENDING  SECTION  33-5205,
  3        IDAHO  CODE,  TO SPECIFY REQUIREMENTS FOR PARTICIPATION IN THE LOTTERY FOR
  4        ADMISSION TO A 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        qualified electors of the service area designated  in  the  petition,  and
 14        shall  first be submitted to the local board of trustees in which the pub-
 15        lic charter school will be located. The board of trustees may either:  (i)
 16        consider  the petition and approve the charter; or (ii) consider the peti-
 17        tion and reject the charter; or (iii) refer the  petition  to  the  public
 18        charter  school  commission.  If  the  petitioners  and the local board of
 19        trustees have not reached  mutual  agreement  on  the  provisions  of  the
 20        charter, after a reasonable and good faith effort, within thirty (30) days
 21        from  the  date of the submission of the charter petition, the petitioners
 22        may withdraw their petition from the local board of trustees and may  sub-
 23        mit their charter petition to the public charter school commission.
 24        (b)  A  petition to convert an existing traditional public school shall be
 25        submitted to the board of trustees of the district in which the school  is
 26        located for review and approval. The petition shall be signed by not fewer
 27        than  sixty percent (60%) of the teachers currently employed by the school
 28        district at the school to be converted, and by one (1) or more parents  or
 29        guardians  of not fewer than sixty percent (60%) of the students currently
 30        attending the school to be converted. Each petition submitted  to  convert
 31        an  existing  school  or to establish a new charter school shall contain a
 32        copy of the articles of incorporation and the bylaws of the nonprofit cor-
 33        poration, which shall be deemed incorporated into the petition.
 34        (2)  Not later than thirty (30) days after receiving a petition signed  in
 35    accordance  with  the  specifications  in  subsection (1) of this section, the
 36    authorized chartering entity shall hold a meeting open to the public  for  the
 37    purpose  of discussing the provisions of the charter, at which time the autho-
 38    rized chartering entity shall consider the merits  of  the  petition  and  the
 39    level  of  employee  and  parental  support for the petition. In the case of a
 40    petition submitted to the public charter school commission, the public hearing
 41    shall also include any oral or written comments that an authorized representa-
 42    tive of the school district in which the proposed public charter school  would
 43    be physically located may provide regarding the merits of the petition and any
                                                                        
                                           2
                                                                        
  1    potential impacts on the school district. Following review of the petition and
  2    the  public  hearing,  the  authorized chartering entity shall either grant or
  3    deny the charter within sixty (60) days of receipt of the  petition,  provided
  4    however, that the date may be extended by an additional sixty (60) days if the
  5    petition fails to contain the requisite signatures or fails  to contain all of
  6    the  information  required  in  this  section, or if both parties agree to the
  7    extension.
  8        (3)  An authorized chartering entity may grant a charter under the  provi-
  9    sions  of  this  chapter  only if it determines that the petition contains the
 10    requisite signatures, the information required by subsection (4) of this  sec-
 11    tion, and additional statements describing all of the following:
 12        (a)  The  proposed  educational  program  of  the  public  charter school,
 13        designed among other things, to identify what it means to be an  "educated
 14        person"  in  the  twenty-first  century, and how learning best occurs. The
 15        goals identified in the program shall include how  all  educational  thor-
 16        oughness  standards  as  defined  in section 33-1612, Idaho Code, shall be
 17        fulfilled.
 18        (b)  The measurable student educational standards identified  for  use  by
 19        the public charter school. "Student educational standards" for the purpose
 20        of  this  chapter  means  the  extent  to which all students of the public
 21        charter school demonstrate they have attained  the  skills  and  knowledge
 22        specified as goals in the school's educational program.
 23        (c)  The  method by which student progress in meeting those student educa-
 24        tional standards is to be measured.
 25        (d)  A provision by which students of the public charter  school  will  be
 26        tested  with the same standardized tests as other Idaho public school stu-
 27        dents.
 28        (e)  A provision which ensures that the public  charter  school  shall  be
 29        state accredited as provided by rule of the state board of education.
 30        (f)  The  governance structure of the public charter school including, but
 31        not limited to, the person or entity who shall be legally accountable  for
 32        the operation of the public charter school, and the process to be followed
 33        by the public charter school to ensure parental involvement.
 34        (g)  The  qualifications  to  be met by individuals employed by the public
 35        charter school. Instructional staff shall be certified  teachers,  or  may
 36        apply for a waiver or any of the limited certification options as provided
 37        by rule of the state board of education.
 38        (h)  The  procedures  that the public charter school will follow to ensure
 39        the health and safety of students and staff.
 40        (i)  Admission procedures, including provision  for  overenrollment.  Such
 41        admission  procedures  shall provide that the initial admission procedures
 42        for a new public charter school, including provision  for  overenrollment,
 43        will  be determined by lottery or other random method, except as otherwise
 44        provided herein. If initial capacity is insufficient to enroll all  pupils
 45        who submit a timely application, then the admission procedures may provide
 46        that  preference shall be given in the following order: first, to children
 47        of founders, provided that this admission preference shall be  limited  to
 48        not  more  than  ten  percent  (10%) of the capacity of the public charter
 49        school; second, to siblings of pupils already selected by the  lottery  or
 50        other  random method; and third, an equitable selection process such as by
 51        lottery or other random method. If capacity is insufficient to enroll  all
 52        pupils  for subsequent school terms, who submit a timely application, then
 53        the admission procedures may provide that preference shall be given in the
 54        following order: first, to pupils returning to the public  charter  school
 55        in the second or any subsequent year of its operation; second, to children
                                                                        
                                           3
                                                                        
  1        of  founders,  provided that this admission preference shall be limited to
  2        not more than ten percent (10%) of the  capacity  of  the  public  charter
  3        school;  third,  to  siblings  of  pupils  already  enrolled in the public
  4        charter school;  and fourth, an equitable selection  process  such  as  by
  5        lottery  or other random method. There shall be no carryover of applicants
  6        from year to year of on the list maintained to fill vacancies. A new  lot-
  7        tery from applications submitted that year shall be conducted each year to
  8        fill vacancies which become available.
  9        (j)  The manner in which an annual audit of the financial and programmatic
 10        operations of the public charter school is to be conducted.
 11        (k)  The  disciplinary procedures that the public charter school will uti-
 12        lize, including the procedure by which students may be suspended, expelled
 13        and reenrolled.
 14        (l)  A provision which ensures  that  all  staff  members  of  the  public
 15        charter  school  will be covered by the public employee retirement system,
 16        federal social security, unemployment insurance and worker's  compensation
 17        insurance.
 18        (m)  The public school attendance alternative for students residing within
 19        the school district who choose not to attend the public charter school.
 20        (n)  A description of the transfer rights of any employee choosing to work
 21        in  a  public charter school and the rights of such employees to return to
 22        any noncharter school in the school district after employment at a  public
 23        charter school.
 24        (o)  A provision which ensures that the staff of the public charter school
 25        shall be considered a separate unit for purposes of collective bargaining.
 26        (p)  The  procedures  to  be followed by the public charter school and the
 27        authorized chartering entity to resolve disputes relating to provisions of
 28        the charter.
 29        (q)  The manner by which special education services will  be  provided  to
 30        students  with disabilities who are eligible pursuant to the federal indi-
 31        viduals with disabilities education act.
 32        (r)  The manner by which eligible students from the public charter  school
 33        shall  be  allowed to participate in dual enrollment in noncharter schools
 34        within the same district as the public charter school, as provided for  in
 35        section 33-203(7), Idaho Code.
 36        (s)  The  process by which the citizens in the area of attendance shall be
 37        made aware of the enrollment opportunities of the public charter school.
 38        (4)  The petitioner shall provide information regarding the proposed oper-
 39    ation and potential effects of the public charter school  including,  but  not
 40    limited  to,  the  facilities to be utilized by the public charter school, the
 41    manner in which administrative services of the public charter school are to be
 42    provided and the potential civil liability effects  upon  the  public  charter
 43    school and upon the authorized chartering entity.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14629
This legislation clarifies that applicants must reapply to a
public charter school each year during the established enrollment
period to be included in the lottery for admission.  A list of
previous applicants cannot be used in subsequent lotteries.




                          FISCAL IMPACT
No fiscal impact on the general fund.



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




STATEMENT OF PURPOSE/FISCAL NOTE                   S 1022