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S1045..........................................................by SCHROEDER CHARTER SCHOOLS - Amends existing law to require a process for an open election of the board of directors of a charter school. 01/21 Senate intro - 1st rdg - to printing 01/24 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1045 BY SCHROEDER 1 AN ACT 2 RELATING TO THE BOARD OF DIRECTORS OF A CHARTER SCHOOL; AMENDING SECTION 3 33-5205, IDAHO CODE, TO REQUIRE A PROCESS FOR AN OPEN ELECTION OF THE 4 BOARD OF DIRECTORS OF A 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, the process to be used for 33 holding an open election of the board of directors following the second 34 year of operation, and the process to be followed by the public charter 35 school to ensure parental involvement. 36 (g) The qualifications to be met by individuals employed by the public 37 charter school. Instructional staff shall be certified teachers, or may 38 apply for a waiver or any of the limited certification options as provided 39 by rule of the state board of education. 40 (h) The procedures that the public charter school will follow to ensure 41 the health and safety of students and staff. 42 (i) Admission procedures, including provision for overenrollment. Such 43 admission procedures shall provide that the initial admission procedures 44 for a new public charter school, including provision for overenrollment, 45 will be determined by lottery or other random method, except as otherwise 46 provided herein. If initial capacity is insufficient to enroll all pupils 47 who submit a timely application, then the admission procedures may provide 48 that preference shall be given in the following order: first, to children 49 of founders, provided that this admission preference shall be limited to 50 not more than ten percent (10%) of the capacity of the public charter 51 school; second, to siblings of pupils already selected by the lottery or 52 other random method; and third, an equitable selection process such as by 53 lottery or other random method. If capacity is insufficient to enroll all 54 pupils for subsequent school terms, who submit a timely application, then 55 the admission procedures may provide that preference shall be given in the 3 1 following order: first, to pupils returning to the public charter school 2 in the second or any subsequent year of its operation; second, to children 3 of founders, provided that this admission preference shall be limited to 4 not more than ten percent (10%) of the capacity of the public charter 5 school; third, to siblings of pupils already enrolled in the public 6 charter school; and fourth, an equitable selection process such as by 7 lottery or other random method. There shall be no carryover from year to 8 year of the list maintained to fill vacancies. A new lottery shall be con- 9 ducted each year to fill vacancies which become available. 10 (j) The manner in which an annual audit of the financial and programmatic 11 operations of the public charter school is to be conducted. 12 (k) The disciplinary procedures that the public charter school will uti- 13 lize, including the procedure by which students may be suspended, expelled 14 and reenrolled. 15 (l) A provision which ensures that all staff members of the public 16 charter school will be covered by the public employee retirement system, 17 federal social security, unemployment insurance and worker's compensation 18 insurance. 19 (m) The public school attendance alternative for students residing within 20 the school district who choose not to attend the public charter school. 21 (n) A description of the transfer rights of any employee choosing to work 22 in a public charter school and the rights of such employees to return to 23 any noncharter school in the school district after employment at a public 24 charter school. 25 (o) A provision which ensures that the staff of the public charter school 26 shall be considered a separate unit for purposes of collective bargaining. 27 (p) The procedures to be followed by the public charter school and the 28 authorized chartering entity to resolve disputes relating to provisions of 29 the charter. 30 (q) The manner by which special education services will be provided to 31 students with disabilities who are eligible pursuant to the federal indi- 32 viduals with disabilities education act. 33 (r) The manner by which eligible students from the public charter school 34 shall be allowed to participate in dual enrollment in noncharter schools 35 within the same district as the public charter school, as provided for in 36 section 33-203(7), Idaho Code. 37 (s) The process by which the citizens in the area of attendance shall be 38 made aware of the enrollment opportunities of the public charter school. 39 (4) The petitioner shall provide information regarding the proposed oper- 40 ation and potential effects of the public charter school including, but not 41 limited to, the facilities to be utilized by the public charter school, the 42 manner in which administrative services of the public charter school are to be 43 provided and the potential civil liability effects upon the public charter 44 school and upon the authorized chartering entity.
STATEMENT OF PURPOSE RS 14661 Amends Section 33-5205, Idaho Code, to provide that petitions for charter schools shall contain a statement describing the process to be used for holding an open election for the board of directors following the second year of operation. FISCAL NOTE None Contact Name: Senator Gary Schroeder Phone: 208-332-1324 STATEMENT OF PURPOSE/FISCAL NOTE S 1045