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S1047..........................................................by SCHROEDER CHARTER SCHOOLS - Amends existing law relating to dissolution of a charter school to provide for disposition of assets upon dissolution. 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 - 2005IN THE SENATE SENATE BILL NO. 1047 BY SCHROEDER 1 AN ACT 2 RELATING TO DISSOLUTION OF A CHARTER SCHOOL; AMENDING SECTION 33-5209, IDAHO 3 CODE, TO PROVIDE FOR DISPOSITION OF ASSETS UPON DISSOLUTION OF A CHARTER 4 SCHOOL. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-5209, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5209. ENFORCEMENT -- REVOCATION -- APPEAL. (1) An authorized charter- 9 ing entity shall ensure that all public charter schools for which it autho- 10 rized charters, or for which it has responsibility, operate in accordance with 11 the charter granted. A public charter school or the authorized chartering 12 entity may enter into negotiations to revise its charter at any time. A public 13 charter school may petition to revise its charter at any time. The authorized 14 chartering entity's review of the revised petition shall be limited in scope 15 solely to the proposed revisions. 16 (2) If the authorized chartering entity has reason to believe that the 17 public charter school has done any of the following, it shall provide the pub- 18 lic charter school written notice of the defect and provide a reasonable 19 opportunity to cure the defect: 20 (a) Committed a material violation of any condition, standard or proce- 21 dure set forth in the approved charter; 22 (b) Failed to substantially meet any of the student educational standards 23 identified in the approved charter; 24 (c) Failed to meet generally accepted accounting standards of fiscal man- 25 agement; 26 (d) Failed to submit required reports to the authorized chartering entity 27 governing the charter; or 28 (e) Violated any provision of law. 29 (3) A charter may be revoked by the authorized chartering entity if the 30 public charter school has failed to cure a defect after receiving reasonable 31 notice and having had a reasonable opportunity to cure the defect. Revocation 32 may not occur until the public charter school has been afforded a public hear- 33 ing and a reasonable opportunity to cure the defect, unless the authorized 34 chartering entity reasonably determines that the continued operation of the 35 public charter school presents an imminent public safety issue, in which case 36 the charter may be revoked immediately. Public hearings shall be conducted by 37 the governing authorized chartering entity, or such other person or persons 38 appointed by the authorized chartering entity to conduct public hearings and 39 receive evidence as a contested case in accordance with section 67-5242, Idaho 40 Code. Reasonable notice and opportunity to reply shall include, at a minimum, 41 written notice setting out the basis for consideration of revocation, a period 42 of not less than thirty (30) days within which the public charter school can 43 reply in writing, and a public hearing within thirty (30) days of the receipt 2 1 of the written reply. 2 (4) A decision to revoke or not to approve a revision of a charter may be 3 appealed directly to the state board of education. With respect to such 4 appeal, the state board of education shall follow the procedure as provided in 5 section 33-5207(5)(b), Idaho Code. In the event the state board of education 6 reverses a decision of revocation, the public charter school subject to such 7 action shall then be placed under the chartering authority of the commission. 8 (5) Upon dissolution of a charter school, net assets shall be deemed the 9 property of the state.
STATEMENT OF PURPOSE RS 14701C1 Amends Section 33-5209, Idaho Code, that upon dissolution of a charter school, the net assets become property of the state. FISCAL NOTE None Contact Name: Senator Gary Schroeder Phone: 208-332-1324 STATEMENT OF PURPOSE/FISCAL NOTE S 1047