2005 Legislation
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SENATE BILL NO. 1145 – Public charter school law/revisions

SENATE BILL NO. 1145

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S1145..........................................................by EDUCATION
PUBLIC CHARTER SCHOOLS - Amends and adds to existing law to revise the
definition for "public virtual school"; to revise limitations applicable to
the creation of public charter schools; to revise terminology; to provide
that the board of directors of a public charter school shall be deemed
public agents authorized by the Public Charter School Commission; to
provide that the board of directors of a public charter school shall
function independently of the Public Charter School Commission except as
provided in the charter; to revise provisions applicable to petitions to
establish public charter schools; to provide for transfers of charters; to
provide that educational experience shall be counted by a school district
for any teacher who has been employed in a public charter school; to
provide that a copy of the approved petition shall be provided to the State
Board of Education upon approval of the petition by the authorized
chartering entity; to provide for the distribution of assets when a charter
is revoked or the board of directors of the public charter school
terminates the charter; to revise provisions applicable to the charter
appeal procedure; to provide that all federal educational funds shall be
administered and distributed to public charter schools that have been
designated as required by the State Board of Education; to provide that a
decision to revoke a charter or to deny a revision of a charter may be
appealed directly to the State Board of Education; and to provide that the
State Board of Education shall substantially follow certain procedures with
respect to such appeal.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    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. 1145
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202A, IDAHO CODE,  TO
  3        REVISE  THE  DEFINITION  FOR  "PUBLIC  VIRTUAL  SCHOOL";  AMENDING SECTION
  4        33-5203, IDAHO CODE, TO REVISE LIMITATIONS APPLICABLE TO THE  CREATION  OF
  5        PUBLIC  CHARTER  SCHOOLS  AND  TO  REVISE  TERMINOLOGY;  AMENDING  SECTION
  6        33-5204,  IDAHO  CODE,  TO PROVIDE THAT THE BOARD OF DIRECTORS OF A PUBLIC
  7        CHARTER SCHOOL SHALL BE DEEMED PUBLIC  AGENTS  AUTHORIZED  BY  THE  PUBLIC
  8        CHARTER  SCHOOL  COMMISSION,  TO  PROVIDE THAT THE BOARD OF DIRECTORS OF A
  9        PUBLIC CHARTER SCHOOL SHALL FUNCTION INDEPENDENTLY OF THE  PUBLIC  CHARTER
 10        SCHOOL  COMMISSION EXCEPT AS PROVIDED IN THE CHARTER, TO PROVIDE AN EXCEP-
 11        TION TO THE APPLICATION OF REFERENCED CODE SECTIONS AND TO  REVISE  TERMI-
 12        NOLOGY;  AMENDING SECTION 33-5205, IDAHO CODE, TO REVISE PROVISIONS APPLI-
 13        CABLE TO PETITIONS TO ESTABLISH PUBLIC CHARTER SCHOOLS;  AMENDING  CHAPTER
 14        52, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-5205A, IDAHO
 15        CODE,  TO  PROVIDE  FOR  TRANSFERS  OF CHARTERS; AMENDING SECTION 33-5206,
 16        IDAHO CODE, TO PROVIDE THAT EDUCATIONAL EXPERIENCE SHALL BE COUNTED  BY  A
 17        SCHOOL  DISTRICT FOR ANY TEACHER WHO HAS BEEN EMPLOYED IN A PUBLIC CHARTER
 18        SCHOOL, TO PROVIDE THAT A COPY OF THE APPROVED PETITION SHALL BE  PROVIDED
 19        TO  THE  STATE  BOARD  OF  EDUCATION  UPON APPROVAL OF THE PETITION BY THE
 20        AUTHORIZED CHARTERING ENTITY AND TO PROVIDE FOR THE DISTRIBUTION OF ASSETS
 21        WHEN A CHARTER IS REVOKED OR THE BOARD OF DIRECTORS OF THE PUBLIC  CHARTER
 22        SCHOOL  TERMINATES  THE  CHARTER; AMENDING SECTION 33-5207, IDAHO CODE, TO
 23        REVISE PROVISIONS APPLICABLE TO THE  CHARTER  APPEAL  PROCEDURE;  AMENDING
 24        SECTION 33-5208, IDAHO CODE, TO PROVIDE THAT ALL FEDERAL EDUCATIONAL FUNDS
 25        SHALL  BE ADMINISTERED AND DISTRIBUTED TO PUBLIC CHARTER SCHOOLS THAT HAVE
 26        BEEN DESIGNATED AS REQUIRED BY THE STATE BOARD OF EDUCATION; AMENDING SEC-
 27        TION 33-5209, IDAHO CODE, TO REVISE TERMINOLOGY, TO PROVIDE THAT  A  DECI-
 28        SION  TO  REVOKE  A  CHARTER  OR  TO  DENY  A REVISION OF A CHARTER MAY BE
 29        APPEALED DIRECTLY TO THE STATE BOARD OF EDUCATION AND TO PROVIDE THAT  THE
 30        STATE  BOARD  OF  EDUCATION  SHALL SUBSTANTIALLY FOLLOW CERTAIN PROCEDURES
 31        WITH RESPECT TO SUCH APPEAL; AND AMENDING SECTION 33-5210, IDAHO CODE,  TO
 32        REVISE TERMINOLOGY.
                                                                        
 33    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 34        SECTION  1.  That Section 33-5202A, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        33-5202A.  DEFINITIONS. As  used  in  this  chapter,  unless  the  context
 37    requires otherwise:
 38        (1)  "Authorized  chartering  entity"  means  either  the  local  board of
 39    trustees of a school district in this state, or the public charter school com-
 40    mission pursuant to the provisions of this chapter.
 41        (2)  "Charter" means the grant of authority  approved  by  the  authorized
 42    chartering entity to the board of directors of the public charter school.
 43        (3)  "Founder"  means  a  person, including employees or staff of a public
                                                                        
                                           2
                                                                        
  1    charter school, who makes a material contribution toward the establishment  of
  2    a public charter school in accordance with criteria determined by the board of
  3    directors  of  the public charter school, and who is designated as such at the
  4    time the board of directors acknowledges and accepts  such  contribution.  The
  5    criteria  for  determining  when  a person is a founder shall not discriminate
  6    against  any  person  on  any  basis  prohibited  by  the  federal  or   state
  7    constitutions  or any federal, state or local law. The designation of a person
  8    as  a  founder,  and  the admission preferences available to the children of a
  9    founder, shall not constitute pecuniary benefits.
 10        (4)  "Petition" means the document submitted by a person or persons to the
 11    authorized chartering entity to request  the  creation  of  a  public  charter
 12    school.
 13        (5)  "Public  charter school" means a school that is authorized under this
 14    chapter to deliver public education in Idaho.
 15        (6)  "Public virtual school" means a public charter school that may  serve
 16    students  in more than one (1) school district and that provides through which
 17    the primary method for the delivery of instruction to all of its  pupils  pri-
 18    marily  is  through  virtual  distance  learning  or  online  technologies.  A
 19    building-based  public  virtual  school primarily provides such instruction at
 20    one (1) or more central building locations. A home-based public virtual school
 21    primarily provides such instruction directly to the pupil at home.
 22        (7)  "Traditional public school" means any school existing or to be  built
 23    that is operated and controlled by a school district in this state.
                                                                        
 24        SECTION  2.  That  Section 33-5203, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
 27    schools is hereby authorized. Public charter schools  shall  be  part  of  the
 28    state's program of public education.
 29        (2)  The  number of new public charter schools which may be approved begin
 30    educational instruction in any one (1) school year shall be limited in  number
 31    in accordance with the following:
 32        (a)  Not  more than six (6) newly-chartered new public charter schools may
 33        be approved for begin educational instruction in any one (1) school  year,
 34        and
 35        (b)  Not  more  than one (1) newly-chartered new public charter school may
 36        be granted for begin educational instruction that  is  physically  located
 37        within any one (1) school district for a in any one (1) school year, and
 38        (c)  No  whole  school  district may be converted to a charter district or
 39        any configuration which includes all schools as  public  charter  schools,
 40        and
 41        (d)  Public  virtual charter schools approved by the public charter school
 42        commission are not included in paragraph (b) of this subsection, and
 43        (e)  The transfer of a charter for a school already authorized pursuant to
 44        section 33-5205A, Idaho Code, is not included in the limit on  the  annual
 45        number of public charter schools approved to begin educational instruction
 46        in any given school year as set forth in paragraph (a) of this subsection,
 47        and
 48        (f)  A  petition  must  be  received  by the initial authorized chartering
 49        entity no later than December 1 to be eligible to  begin  instruction  the
 50        first complete school year following receipt of the petition.
 51        (3)  A public charter school may be formed either by creating a new public
 52    charter  school, which charter may be granted approved by any authorized char-
 53    tering entity, or by converting an existing traditional  public  school  to  a
                                                                        
                                           3
                                                                        
  1    public charter school, which charter may only be granted approved by the board
  2    of  trustees  of  the  school  district in which the existing public school is
  3    located.
  4        (4)  No charter shall be granted approved under this chapter:
  5        (a)  Which provides for the conversion of any existing  private  or  paro-
  6        chial school to a public charter school.
  7        (b)  To  a  for-profit  entity  or  any school which is operated by a for-
  8        profit entity, provided however, nothing herein shall prevent the board of
  9        directors of a public charter school from legally  contracting  with  for-
 10        profit  entities for the provision of products or services that aid in the
 11        operation of the school.
 12        (c)  By the board of trustees of a school district if the  public  charter
 13        school's  physical  location  is outside the boundaries of the authorizing
 14        school district. The limitation provided in this  subsection  (4)(c)  does
 15        not apply to a home-based public virtual school.
 16        (5)  A public virtual school charter may be granted approved by the public
 17    charter  school  commission.  In  addition, a charter may also be approved and
 18    granted by the state board of education  pursuant  to  section  33-5207(5)(b),
 19    Idaho Code.
 20        (6)  The  state  board  of education shall adopt rules, subject to law, to
 21    establish a consistent application and review process  for  the  approval  and
 22    maintenance of all public charter schools.
 23        (7)  The  state board of education shall be responsible to designate those
 24    public charter schools that will be identified as  a  local  education  agency
 25    (LEA)  as  such term is defined in 34 CFR 300.18; however, only public charter
 26    schools chartered by the board  of  trustees  of  a  school  district  may  be
 27    included in that district's LEA.
                                                                        
 28        SECTION  3.  That  Section 33-5204, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        33-5204.  NONPROFIT CORPORATION -- LIABILITY -- INSURANCE.  (1)  A  public
 31    charter school shall be organized and managed under the Idaho nonprofit corpo-
 32    ration  act. The board of directors of a public charter school shall be deemed
 33    public agents authorized by a  public  school  district,  the  public  charter
 34    school  commission,  or  the  state  board  of education to control the public
 35    charter school, but shall  function  independently  of  any  school  board  of
 36    trustees in any school district in which the public charter school is located,
 37    or independently of the public charter school commission except as provided in
 38    the  charter.  For  the  purposes of section 59-1302(15), Idaho Code, a public
 39    charter school created pursuant to this chapter shall be deemed a governmental
 40    entity. Pursuant to the provisions of section 63-3622O, Idaho Code,  sales  to
 41    or  purchases  by a public charter school are exempt from payment of the sales
 42    and use tax. A public charter school and the board of directors  of  a  public
 43    charter school are subject to the provisions of:
 44        (a)  Sections  18-1351 through 18-1362, Idaho Code, on bribery and corrupt
 45        influence, except as provided by section 33-5204A(2), Idaho Code;
 46        (b)  Chapter 2, title 59, Idaho Code, on  prohibitions  against  contracts
 47        with officers;
 48        (c)  Chapter 7, title 59, Idaho Code, on ethics in government;
 49        (d)  Chapter 23, title 67, Idaho Code, on open public meetings; and
 50        (e)  Chapter 3, title 9, Idaho Code, on disclosure of public records
 51    in  the  same  manner that a traditional public school and the board of school
 52    trustees of a school district are subject to those provisions.
 53        (2)  A public charter school may sue or be sued, purchase,  receive,  hold
                                                                        
                                           4
                                                                        
  1    and  convey  real  and personal property for school purposes, and borrow money
  2    for such purposes, to the same extent and on the same conditions as  a  tradi-
  3    tional public school district, and its employees, directors and officers shall
  4    enjoy the same immunities as employees, directors  and officers of traditional
  5    public  school districts and other public schools, including those provided by
  6    chapter 9, title 6, Idaho Code. The authorized chartering entity  that  grants
  7    approves  a  public school charter shall have no liability for the acts, omis-
  8    sions, debts or other obligations of a public charter school, except as may be
  9    provided in the charter. A local public school district shall have no  liabil-
 10    ity  for  the  acts, omissions, debts or other obligations of a public charter
 11    school located in its district that has been approved by an  authorized  char-
 12    tering entity other than the board of trustees of the local school district.
 13        (3)  Nothing  in  this  chapter  shall prevent the board of directors of a
 14    public charter school, operating as a nonprofit  corporation,  from  borrowing
 15    money  to  finance the purchase or lease of school building facilities, equip-
 16    ment and furnishings of those school building facilities. Subject to the terms
 17    of a contractual agreement between the board  and  a  lender,  nothing  herein
 18    shall  prevent  the  board from using the facility, its equipment and furnish-
 19    ings, as collateral for the loan.
 20        (4)  Public charter schools shall secure insurance for liability and prop-
 21    erty loss.
 22        (5)  It shall be unlawful for:
 23        (a)  Any director to have pecuniary interest directly or indirectly in any
 24        contract or other transaction pertaining to the maintenance or conduct  of
 25        the  authorized  chartering entity and charter, or to accept any reward or
 26        compensation for services rendered as a director except as may  be  other-
 27        wise  provided  in this subsection (5). The board of directors of a public
 28        charter school may accept and award contracts involving the public charter
 29        school to businesses in which the director or a person related to  him  by
 30        blood or marriage within the second degree has a direct or indirect inter-
 31        est,  provided  that  the  procedures  set  forth  in  section  18-1361 or
 32        18-1361A, Idaho Code, are followed. The receiving,  soliciting  or  accep-
 33        tance  of  moneys  of  a  public charter school for deposit in any bank or
 34        trust company, or the lending of moneys by any bank or  trust  company  to
 35        any public charter school, shall not be deemed to be a contract pertaining
 36        to  the  maintenance  or conduct of a public charter school and authorized
 37        chartering entity within the meaning of this section; nor shall  the  pay-
 38        ment  by  any  public charter school board of directors of compensation to
 39        any bank or trust company for services rendered in the transaction of  any
 40        banking  business  with  such  public charter school board of directors be
 41        deemed the payment of any reward or compensation to any officer or  direc-
 42        tor of any such bank or trust company within the meaning of this section.
 43        (b)  The  board of directors of any public charter school to enter into or
 44        execute any contract with the spouse of any  member  of  such  board,  the
 45        terms  of  which  said  contract  require, or will require, the payment or
 46        delivery of any public charter school funds, moneys or  property  to  such
 47        spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code.
 48        (6)  When  any  relative  of  any  director or relative of the spouse of a
 49    director related by affinity or consanguinity within the second degree  is  to
 50    be  considered  for employment in a public charter school, such director shall
 51    abstain from voting in the election of such relative, and shall be absent from
 52    the meeting while such employment is being considered and determined.
                                                                        
 53        SECTION 4.  That Section 33-5205, Idaho Code, be, and the same  is  hereby
 54    amended to read as follows:
                                                                        
                                           5
                                                                        
  1        33-5205.  PETITION  TO  ESTABLISH  PUBLIC CHARTER SCHOOL. (1) Any group of
  2    persons may petition to establish a new public charter school, or  to  convert
  3    an existing traditional public school to a public charter school.
  4        (a)  A petition to establish a new public charter school, including a pub-
  5        lic  virtual charter school, shall be signed by not fewer than thirty (30)
  6        qualified electors of the service attendance area designated in the  peti-
  7        tion.,  and  Proof  of  elector  qualifications shall be provided with the
  8        petition.
  9        (b)  A petition to establish a new public virtual school must be submitted
 10        directly to the public charter school commission. A petition to  establish
 11        a new public charter school, other than a new public virtual school, shall
 12        first  be  submitted  to  the  local board of trustees in which the public
 13        charter school will be located. A  petition  shall  be  considered  to  be
 14        received by an authorized chartering entity as of the next scheduled meet-
 15        ing of the authorized chartering entity after submission of the petition.
 16        (c)  The  board  of  trustees  may  either:  (i) consider the petition and
 17        approve the charter; or (ii) consider the petition  and  reject  deny  the
 18        charter;  or (iii) refer the petition to the public charter school commis-
 19        sion, except the basis of referral cannot be to avoid the basic  liability
 20        and responsibility for being an authorized chartering entity. If the peti-
 21        tioners  and the local board of trustees have not reached mutual agreement
 22        on the provisions of the  charter,  after  a  reasonable  and  good  faith
 23        effort,  within thirty sixty (360) days from the date of the submission of
 24        the charter petition is received, the petitioners may withdraw their peti-
 25        tion from the local board of trustees and may submit their  charter  peti-
 26        tion  to  the  public  charter school commission, provided it is signed by
 27        thirty (30) qualified electors as required by subsection  (1)(a)  of  this
 28        section. Documentation of the reasonable and good faith effort between the
 29        petitioners  and  the  local  board of trustees must be submitted with the
 30        petition to the public charter school commission.
 31        (d)  The public charter school commission may  either:  (i)  consider  the
 32        petition  and  approve the charter; or (ii) consider the petition and deny
 33        the charter.
 34        (be)  A petition to convert an existing traditional public school shall be
 35        submitted to the board of trustees of the district in which the school  is
 36        located for review and approval. The petition shall be signed by not fewer
 37        than  sixty percent (60%) of the teachers currently employed by the school
 38        district at the school to be converted, and by one (1) or more parents  or
 39        guardians  of not fewer than sixty percent (60%) of the students currently
 40        attending the school to be converted. Each petition submitted  to  convert
 41        an  existing  school  or to establish a new charter school shall contain a
 42        copy of the articles of incorporation and the bylaws of the nonprofit cor-
 43        poration, which shall be deemed incorporated into the petition.
 44        (2)  Not later than thirty sixty (360)  days after  receiving  a  petition
 45    signed in accordance with the specifications in by thirty (30) qualified elec-
 46    tors as required by subsection (1)(a) of this section, the authorized charter-
 47    ing  entity shall hold a meeting open to the public for the purpose of discus-
 48    sing the provisions of the charter, at which time  the  authorized  chartering
 49    entity shall consider the merits of the petition and the level of employee and
 50    parental  support for the petition. In the case of a petition submitted to the
 51    public charter school commission, such meeting open to the public must be  not
 52    later  than  sixty  (60)  days  after  receipt  of  the petition, which may be
 53    extended to ninety (90) days if both parties agree to an  extension,  and  the
 54    meeting open to the public hearing shall also include any oral or written com-
 55    ments  that  an  authorized representative of the school district in which the
                                                                        
                                           6
                                                                        
  1    proposed public charter school would be physically located may provide regard-
  2    ing the merits of the petition and any potential impacts on  the  school  dis-
  3    trict.  Following  review  of the petition and the meeting open to the public,
  4    hearing, the authorized chartering entity shall either grant approve  or  deny
  5    the  charter  within sixty (60) days after the date of receipt of the petition
  6    such meeting open to the public,  provided  however,  that  the  date  may  be
  7    extended by an additional sixty (60) days if the petition fails to contain the
  8    requisite  signatures  or  fails to contain all of the information required in
  9    this section, or if both parties agree to the extension.
 10        (3)  An authorized chartering entity may grant approve a charter under the
 11    provisions of this chapter only if it determines that  the  petition  contains
 12    the  requisite  signatures, the information required by subsection (4) of this
 13    section, and additional statements describing all of the following:
 14        (a)  The proposed  educational  program  of  the  public  charter  school,
 15        designed  among other things, to identify what it means to be an "educated
 16        person" in the twenty-first century, and how  learning  best  occurs.  The
 17        goals  identified  in  the program shall include how all educational thor-
 18        oughness standards as defined in section 33-1612,  Idaho  Code,  shall  be
 19        fulfilled.
 20        (b)  The  measurable  student  educational standards identified for use by
 21        the public charter school. "Student educational standards" for the purpose
 22        of this chapter means the extent to  which  all  students  of  the  public
 23        charter  school  demonstrate  they  have attained the skills and knowledge
 24        specified as goals in the school's educational program.
 25        (c)  The method by which student progress in meeting those student  educa-
 26        tional standards is to be measured.
 27        (d)  A  provision  by  which students of the public charter school will be
 28        tested with the same standardized tests as other Idaho public school  stu-
 29        dents.
 30        (e)  A  provision  which  ensures  that the public charter school shall be
 31        state accredited as provided by rule of the state board of education.
 32        (f)  The governance structure of the public charter school including,  but
 33        not  limited to, the person or entity who shall be legally accountable for
 34        the operation of the public charter school, and the process to be followed
 35        by the public charter 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)  A  plan  for  the requirements of section 33-205, Idaho Code, for the
 43        denial of school attendance to any student who is an habitual  truant,  as
 44        defined  in  section  33-206, Idaho Code, or who is incorrigible, or whose
 45        conduct, in the judgment of the board of directors of the  public  charter
 46        school,  is such as to be continuously disruptive of school discipline, or
 47        of the instructional effectiveness of the school, or whose presence  in  a
 48        public  charter  school  is  detrimental to the health and safety of other
 49        pupils, or who has been expelled from  another  school  district  in  this
 50        state or any other state.
 51        (j)  Admission  procedures,  including  provision  for overenrollment of a
 52        public charter school. Such admission procedures shall  provide  that  the
 53        initial  admission  procedures  for a new public charter school, including
 54        provision for overenrollment, will be determined by an equitable selection
 55        procedure, such as by lottery or other random method., except as otherwise
                                                                        
                                           7
                                                                        
  1        provided herein. If initial capacity is insufficient to enroll all  pupils
  2        who  submit  a timely application, then tThe admission procedures may pro-
  3        vide that an admission preference shall may  be  given  in  the  following
  4        order:  first,  to certain children, the order of priority of which may be
  5        determined by the public charter school. Preferences may be established by
  6        the public charter school for children of  founders,  provided  that  this
  7        admission  preference  shall be limited to not more than ten percent (10%)
  8        of the capacity of the public charter school; second, children of  employ-
  9        ees  of  the public charter school; children in the attendance area of the
 10        public charter school; pupils returning to the public  charter  school  in
 11        any  subsequent  year  of  operation;  and  to  siblings of pupils already
 12        selected by the lottery or other random method.; and third,  an  equitable
 13        selection  process  such as by lottery or other random method. If capacity
 14        is insufficient to enroll all pupils for subsequent school terms, who sub-
 15        mit a timely application, then the admission procedures may  provide  that
 16        preference shall be given in the following order: first, to pupils return-
 17        ing  to  the public charter school in the second or any subsequent year of
 18        its operation; second, to children of founders, provided that this  admis-
 19        sion preference shall be limited to not more than ten percent (10%) of the
 20        capacity  of  the  public  charter  school;  third,  to siblings of pupils
 21        already enrolled in the public charter school; and  fourth,  an  equitable
 22        selection  process  such as by lottery or other random method. There shall
 23        be no carryover from year to year of the list maintained  to  fill  vacan-
 24        cies.  A  new  lottery  shall be conducted each year and there shall be no
 25        carryover from year to year of the  list  maintained  to  fill  vacancies.
 26        which become available.
 27        (jk)  The   manner   in  which  an  annual  audit  of  the  financial  and
 28        programmatic operations of the public charter school is to be conducted.
 29        (kl)  The disciplinary procedures that the public charter school will uti-
 30        lize, including the procedure by which students may be suspended, expelled
 31        and reenrolled, and the procedures required by section 33-210, Idaho Code.
 32        (lm)  A provision which ensures that  all  staff  members  of  the  public
 33        charter  school  will be covered by the public employee retirement system,
 34        federal social security, unemployment insurance, and worker's compensation
 35        insurance, and health insurance.
 36        (mn)  The public  school  attendance  alternative  for  students  residing
 37        within  the  school  district  who choose not to attend the public charter
 38        school.
 39        (no)  A description of the transfer rights of  any  employee  choosing  to
 40        work  in a public charter school that is approved by the board of trustees
 41        of a school district, and the rights of such employees to  return  to  any
 42        noncharter school in the same school district after employment at a public
 43        such charter school.
 44        (op)  A  provision  which  ensures  that  the  staff of the public charter
 45        school shall be considered a separate unit for purposes of collective bar-
 46        gaining.
 47        (p)  The procedures to be followed by the public charter  school  and  the
 48        authorized chartering entity to resolve disputes relating to provisions of
 49        the charter.
 50        (q)  The  manner  by  which special education services will be provided to
 51        students with disabilities who are eligible pursuant to the federal  indi-
 52        viduals with disabilities education act, including disciplinary procedures
 53        for these students.
 54        (r)  The manner by which eligible A plan for working with parents who have
 55        students from the public charter school shall be allowed to participate in
                                                                        
                                           8
                                                                        
  1        dual  enrollment    in  noncharter schools within the same district as the
  2        public charter school, as provided for in who are dually enrolled pursuant
  3        to section 33-203(7), Idaho Code.
  4        (s)  The process by which the citizens in the area of attendance shall  be
  5        made aware of the enrollment opportunities of the public charter school.
  6        (t)  A  proposal  for  transportation  services  as  required  by  section
  7        33-5208(4), Idaho Code.
  8        (u)  A  plan  for termination of the charter by the board of directors, to
  9        include:
 10             (i)   Identification of who is responsible  for  dissolution  of  the
 11             charter school;
 12             (ii)  A description of how payment to creditors will be handled;
 13             (iii) A  procedure  for  transferring  all  records  of students with
 14             notice to parents of how to request a transfer of student records  to
 15             a specific school; and
 16             (iv)  A plan for the disposal of the public charter school's assets.
 17        (4)  The petitioner shall provide information regarding the proposed oper-
 18    ation  and  potential  effects of the public charter school including, but not
 19    limited to, the facilities to be utilized by the public  charter  school,  the
 20    manner in which administrative services of the public charter school are to be
 21    provided  and  the  potential  civil liability effects upon the public charter
 22    school and upon the authorized chartering entity.
                                                                        
 23        SECTION 5.  That Chapter 52, Title 33, Idaho Code, be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 33-5205A, Idaho Code, and to read as follows:
                                                                        
 26        33-5205A.  TRANSFER OF CHARTER. A charter  for  a  public  charter  school
 27    approved  by  the  board  of trustees of a local school district may be trans-
 28    ferred to, and placed under the chartering authority of,  the  public  charter
 29    school  commission if the board of trustees of such local school district, the
 30    public charter school commission, and the board of  directors  of  the  public
 31    charter  school  all  agree  to  such  transfer, including any revision to the
 32    charter that may be required in connection with such transfer. A charter for a
 33    public charter school approved by the public charter school commission may  be
 34    transferred  to,  and  placed  under the chartering authority of, the board of
 35    trustees of the local school district in which the public  charter  school  is
 36    located if the public charter school commission, the board of trustees of such
 37    local school district, and the board of directors of the public charter school
 38    all agree to such transfer, including any revisions to the charter that may be
 39    required in connection with such transfer. A request to transfer a charter may
 40    be  initiated  by  the board of directors of a public charter school or by the
 41    authorized chartering entity with chartering authority  over  the  charter  of
 42    such  public  charter school. If all parties fail to reach agreement in regard
 43    to the request to transfer a charter, as required herein, then the matter  may
 44    be  appealed  directly  to  the state board of education. With respect to such
 45    appeal, the state board of education shall substantially follow the  procedure
 46    as provided in section 33-5207(5)(b), Idaho Code. A transferred charter school
 47    shall  not be considered a new public charter school, and shall not be subject
 48    to the limitations of section 33-5203(2), Idaho Code.
                                                                        
 49        SECTION 6.  That Section 33-5206, Idaho Code, be, and the same  is  hereby
 50    amended to read as follows:
                                                                        
 51        33-5206.  REQUIREMENTS  AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER
                                                                        
                                           9
                                                                        
  1    SCHOOL. (1) In addition to any other requirements imposed in this  chapter,  a
  2    public  charter  school  shall  be nonsectarian in its programs, affiliations,
  3    admission policies, employment practices, and all other operations, shall  not
  4    charge  tuition, levy taxes or issue bonds, and shall not discriminate against
  5    any student on any basis prohibited by the federal or state  constitutions  or
  6    any  federal,  state  or local law. Admission to a public charter school shall
  7    not be determined according to the place of residence of the  student,  or  of
  8    the  student's  parent  or  guardian within the district, except that a new or
  9    conversion public charter school established  under  the  provisions  of  this
 10    chapter  shall adopt and maintain a policy giving admission preference to stu-
 11    dents who reside within the attendance area of that public charter school. The
 12    attendance area of a charter school, as described in the  petition,  shall  be
 13    composed  of compact and contiguous area. For the purposes of this section, if
 14    services are available to students throughout the state, the state of Idaho is
 15    considered a compact and contiguous area.
 16        (2)  No board of trustees shall require any employee of  the  school  dis-
 17    trict to be involuntarily assigned to work in a public charter school.
 18        (3)  Certified  teachers  in  a  public charter school shall be considered
 19    public school teachers. Educational experience shall accrue for service  in  a
 20    public  charter school and such experience shall be counted by any school dis-
 21    trict to which the for any teacher  returns  after  employment  who  has  been
 22    employed in a public charter school.
 23        (4)  Employment  of charter school teachers and administrators shall be on
 24    written contract in form as approved by the  state  superintendent  of  public
 25    instruction,  conditioned  upon a valid certificate being held by such profes-
 26    sional personnel at the time of entering upon the duties thereunder.
 27        (5)  No board of trustees shall require any student enrolled in the school
 28    district to attend a public charter school.
 29        (6)  Upon approval of the petition by the  authorized  chartering  entity,
 30    the petitioner shall provide written notice of that approval, including a copy
 31    of  the approved petition, to the state board of education. For the purpose of
 32    implementing the provisions of section 33-5203(2), Idaho Code, the state board
 33    of education shall assign a number to each  petition  it  receives.  Petitions
 34    shall  be  numbered  based  on  the chronological order in which notice of the
 35    approved petition is received by the state board of education.
 36        (7)  Each public charter school shall annually  submit  a  report  to  the
 37    authorized chartering entity which approved its charter. The report shall con-
 38    tain  the  audit of the fiscal and programmatic operations as required in sec-
 39    tion 33-5205(3)(jk), Idaho Code, a report on student  progress  based  on  the
 40    public  charter  school's  student educational standards identified in section
 41    33-5205(3)(b), Idaho Code, and a copy of the public charter school's  accredi-
 42    tation report.
 43        (8)  When a charter is revoked pursuant to section 33-5209, Idaho Code, or
 44    the  board  of  directors of the public charter school terminates the charter,
 45    the assets of the public charter school remaining after all debts of the  pub-
 46    lic  charter  school  have  been  satisfied must be returned to the authorized
 47    chartering entity for distribution in accordance with applicable law.
                                                                        
 48        SECTION 7.  That Section 33-5207, Idaho Code, be, and the same  is  hereby
 49    amended to read as follows:
                                                                        
 50        33-5207.  CHARTER  APPEAL  PROCEDURE.  (1)  If  a  local  school  board of
 51    trustees, acting in its capacity as an authorized  chartering  entity,  grants
 52    approves a charter petition for the conversion of an existing traditional pub-
 53    lic  school  within  the  school district over the objection of thirty (30) or
                                                                        
                                           10
                                                                        
  1    more persons or employees of the district,  or  if  an  authorized  chartering
  2    entity  denies a petition for the establishment of a new public charter school
  3    for any reason including, but not limited to, failure  by  the  petitioner  to
  4    follow  procedures  or  for failure to provide required information, then such
  5    decisions may be appealed to the state superintendent  of  public  instruction
  6    within thirty (30) days of the date of the written decision, at the request of
  7    persons  opposing  the conversion of an existing traditional public school, or
  8    at the request of the petitioner whose request for a new charter was denied.
  9        (2)  The state superintendent of public instruction shall select a hearing
 10    officer to review the action of the authorized chartering entity, pursuant  to
 11    section  67-5242,  Idaho  Code.  The hearing officer shall, within thirty (30)
 12    days of receipt of the request, review the charter petition and convene a pub-
 13    lic hearing regarding the charter petition. Within ten (10) days of the public
 14    hearing, the hearing officer shall submit  a  written  recommendation  to  the
 15    authorized  chartering  entity  and  to the persons requesting the review. The
 16    recommendation by the hearing officer either to affirm or reverse the decision
 17    of the authorized chartering entity shall be based upon the standards and cri-
 18    teria contained in this chapter and  upon  any  public  charter  school  rules
 19    adopted  by the state board of education. The recommendation shall be in writ-
 20    ing and accompanied by a reasoned statement that  explains  the  criteria  and
 21    standards  considered  relevant,  states  the  relevant contested facts relied
 22    upon, and explains the rationale for the recommendations based on the applica-
 23    ble statutory provisions and factual information contained in the record.
 24        (3)  Within thirty (30) days following receipt of  the  hearing  officer's
 25    written  recommendation, the authorized chartering entity shall hold a meeting
 26    open to the public for the purpose of reviewing the hearing officer's  written
 27    recommendation.  Within ten (10) days of this hearing such meeting, the autho-
 28    rized chartering entity shall either affirm or reverse its  initial  decision.
 29    The  authorized  chartering  entity's decision shall be in writing and contain
 30    findings which explain the reasons for its decision.
 31        (4)  If, upon reconsideration of a decision to approve the conversion of a
 32    traditional public school to a public charter school, the local school board:
 33        (a)  Affirms its  initial  decision  to  authorize  such  conversion,  the
 34        charter shall be granted approved and there shall be no further appeal.
 35        (b)  Reverses  its  initial decision and denies the conversion, that deci-
 36        sion is final and there shall be no further appeal.
 37        (5)  If, upon reconsideration of a decision to deny establishment of a new
 38    petition for a public charter school, the authorized chartering entity:
 39        (a)  Reverses its initial decision and approves  the  new  public  charter
 40        school  petition,  the charter shall be granted and there shall be no fur-
 41        ther appeal.
 42        (b)  Affirms its initial decision denying the new  public  charter  school
 43        petition,  the petitioners for the establishment of the new public charter
 44        school board of directors of the nonprofit corporation identified  in  the
 45        petition  may  appeal  to the state board of education. The state board of
 46        education shall hold a public  hearing  within  a  reasonable  time  after
 47        receiving notice of such appeal but no later than sixty (60) calendar days
 48        after  receiving such notice, and after the public hearing, shall take any
 49        of the following actions: (i) approve or deny the charter petition for the
 50        establishment of a new public charter  school,  provided  that  the  state
 51        board  of education shall only approve the petition  if it determines that
 52        the authorized chartering entity  failed  to  appropriately  consider  the
 53        charter  petition,  or  if  it acted in an arbitrary manner in denying the
 54        request petition; (ii) remand the matter back to the authorized chartering
 55        entity, for which shall have authority to further review and act  on  such
                                                                        
                                           11
                                                                        
  1        matter  as directed by the state board of education; or (iii) redirect the
  2        matter to another authorized  chartering  entity  for  further  review  as
  3        directed  by  the  state  board of education. Such public hearing shall be
  4        conducted pursuant to procedures as set by the state board of education.
  5        (6)  A public charter school for which a charter is  granted  approved  by
  6    the  state  board  of education shall qualify fully as a public charter school
  7    for all funding and other purposes of this chapter. The public charter  school
  8    commission  shall  assume the role of the authorized chartering entity for any
  9    charter authorized approved by the state board of  education  as  provided  in
 10    subsection (5)(b) of this section. Employees of a public charter school autho-
 11    rized by the state board of education shall not be considered employees of the
 12    local  school  district  in which the public charter school is located, nor of
 13    the state board of education, nor of the commission.
 14        (7)  The decision of the state board of  education  shall  be  subject  to
 15    review  pursuant  to chapter 52, title 67, Idaho Code. Nothing in this section
 16    shall prevent a petitioner from bringing a new petition for a  public  charter
 17    school at a later time.
 18        (8)  There  shall  be  no  appeal of a decision by a local school board of
 19    trustees which denies the conversion of an existing traditional public  school
 20    within  that district to a public charter school, or by an authorized charter-
 21    ing entity which grants approves a petition for the  establishment  of  a  new
 22    public charter school.
                                                                        
 23        SECTION  8.  That  Section 33-5208, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        33-5208.  PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. Except as  provided  in
 26    subsection (8) of this section, from the state educational support program the
 27    state  department  of education shall make the following apportionment to each
 28    public charter school for each fiscal year based on attendance figures submit-
 29    ted in a manner and time as required by the department of education:
 30        (1)  Per student support. Computation of support  units  for  each  public
 31    charter  school  shall be calculated as if it were a separate school according
 32    to the schedules in section 33-1002 6., Idaho Code, except that public charter
 33    schools with fewer than one hundred (100) secondary ADA shall use a divisor of
 34    twelve (12) and the minimum units shall not apply. Funding from the state edu-
 35    cational support program shall be equal to the total distribution factor, plus
 36    the salary-based apportionment provided in chapter 10, title 33,  Idaho  Code.
 37    Provided  however,  any public charter school that is formed by the conversion
 38    of an existing traditional public school shall be assigned divisors,  pursuant
 39    to  section  33-1002,  Idaho  Code, that are no lower than the divisors of the
 40    school district in which the traditional public school is  located,  for  each
 41    category of pupils listed.
 42        (2)  Special  education.  For  each student enrolled in the public charter
 43    school who is entitled to special education services, the  state  and  federal
 44    funds from the exceptional child education program for that student that would
 45    have  been  apportioned  for  that student to the school district in which the
 46    public charter school is located.
 47        (3)  Alternative school support. Public charter schools may qualify  under
 48    the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the pub-
 49    lic  charter  school  meets the necessary statutory requirements, and students
 50    qualify for attendance at an alternative school as provided  by  rule  of  the
 51    state board of education.
 52        (4)  Transportation  support.  Support shall be paid to the public charter
 53    school as provided in chapter 15, title 33, Idaho Code, and  section  33-1006,
                                                                        
                                           12
                                                                        
  1    Idaho  Code.  Each  public charter school shall furnish the department with an
  2    enrollment count as of the first Friday in November, of public charter  school
  3    students  living more than one and one-half (1 1/2) miles from the school. For
  4    charter schools in the initial year of operation, the petition shall include a
  5    proposal for transportation services with an estimated first  year  cost.  The
  6    state department of education is authorized to include in the annual appropri-
  7    ation  to the charter school eighty percent (80%) of the estimated transporta-
  8    tion cost. The final appropriation payment in July shall  reflect  eighty-five
  9    percent (85%) of the actual cost.
 10        (5)  Payment  schedule. The state department of education is authorized to
 11    make an advance payment of twenty-five  percent  (25%)  of  a  public  charter
 12    school's  estimated  annual apportionment for its first year of operation, and
 13    each year thereafter, provided the public charter school has  an  increase  of
 14    student  population  in  any  given  year  of twenty (20) students or more, to
 15    assist the school with initial start-up costs or payroll obligations.
 16        (a)  For a state public charter school to receive the advance payment, the
 17        school shall submit its anticipated fall membership for each  grade  level
 18        to the state department of education by June 1.
 19        (b)  Using  the  figures  provided by the public charter school, the state
 20        department of education shall determine an estimated annual  apportionment
 21        from  which the amount of the advance payment shall be calculated. Advance
 22        payment shall be made to the school on or after July 1 but no  later  than
 23        July 31.
 24        (c)  All  subsequent  payments,  taking  into account the one-time advance
 25        payment made for the first year of operation, shall be made to the  public
 26        charter  school  in the same manner as other traditional public schools in
 27        accordance with the provisions of section 33-1009, Idaho Code.
 28    A public charter school shall comply with all applicable  fiscal  requirements
 29    of law, except that the following provisions shall not be applicable to public
 30    charter  schools: section 33-1003B, Idaho Code, relating to guaranteed minimum
 31    support; that portion of section 33-1004, Idaho Code, relating to reduction of
 32    the administrative and instructional staff allowance when there is a  discrep-
 33    ancy  between the number allowed and the number actually employed; and section
 34    33-1004E, Idaho Code, for calculation of district staff indices.
 35        (6)  Nothing in this chapter shall be construed to  prohibit  any  private
 36    person or organization from providing funding or other financial assistance to
 37    the establishment or operation of a public charter school.
 38        (7)  Nothing  in  this  chapter shall prevent a public charter school from
 39    applying for federal grant moneys.
 40        (8)  (a) For the period July 1, 2003, through June 30,  2005,  all  public
 41        virtual  schools  shall be assigned divisors, pursuant to section 33-1002,
 42        Idaho Code, that are no higher than the  median  divisor  shown  for  each
 43        respective  category  of  pupils,  among the possible divisors listed, for
 44        each respective category of pupils that contains more than one  (1)  divi-
 45        sor. If there is an even number of possible divisors listed for a particu-
 46        lar  category  of  pupils,  then the lesser of the two (2) median divisors
 47        shall be used. For the period July 1, 2005, through  June  30,  2007,  all
 48        public  virtual  schools  shall be assigned divisors,  pursuant to section
 49        33-1002, Idaho Code, that are no higher than the  second  highest  divisor
 50        shown, among the possible divisors listed, for each respective category of
 51        pupils  that  contains  more  than one (1) divisor. The divisor provisions
 52        contained herein shall only be applicable to the number of pupils in aver-
 53        age daily attendance in such public virtual schools for the period July 1,
 54        2003, through June 30, 2004. If the number  of  pupils  in  average  daily
 55        attendance  in  any  particular  category  of pupils increases, during the
                                                                        
                                           13
                                                                        
  1        period July 1, 2004, through June 30, 2005, to a number above  that  which
  2        existed  in the prior fiscal year, then those additional pupils in average
  3        daily attendance shall  be  assigned  the  divisor,  pursuant  to  section
  4        33-1002, Idaho Code, that would have otherwise been assigned to the school
  5        district or public charter school had this section not been in force.
  6        (b)  Each student in attendance at a public virtual school shall be funded
  7        based  upon  either  the  actual hours of attendance in the public virtual
  8        school on a flexible schedule, or the percentage of coursework  completed,
  9        whichever is more advantageous to the school, up to the maximum of one (1)
 10        full-time equivalent student.
 11        (c)  At  the discretion of the board of directors, and subject to any spe-
 12        cific limitations in its charter, aAll federal educational funds shall  be
 13        administered  and  distributed to public charter schools, including public
 14        virtual schools, that enroll students from multiple  school  districts  in
 15        the same manner have been designated by the state board of education as an
 16        independent  a  local  education  agency  (LEA),  as  provided  in section
 17        33-5203(7), Idaho Code.
 18        (9)  Nothing in this  section  prohibits  separate  face-to-face  learning
 19    activities or services.
                                                                        
 20        SECTION  9.  That  Section 33-5209, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        33-5209.  ENFORCEMENT -- REVOCATION -- APPEAL. (1) An authorized  charter-
 23    ing  entity  shall  ensure that all public charter schools for which it autho-
 24    rized charters approved petitions, or for which it has responsibility, operate
 25    in accordance with the approved charter. granted. A public charter  school  or
 26    the  authorized  chartering  entity  may enter into negotiations to revise its
 27    charter at any time. A public  charter  school  may  petition  to  revise  its
 28    charter  at any time. The authorized chartering entity's review of the revised
 29    petition shall be limited in scope solely to the proposed revisions.
 30        (2)  If the authorized chartering entity has reason to  believe  that  the
 31    public charter school has done any of the following, it shall provide the pub-
 32    lic  charter  school  written  notice  of  the defect and provide a reasonable
 33    opportunity to cure the defect:
 34        (a)  Committed a material violation of any condition, standard  or  proce-
 35        dure set forth in the approved charter;
 36        (b)  Failed to substantially meet any of the student educational standards
 37        identified in the approved charter;
 38        (c)  Failed to meet generally accepted accounting standards of fiscal man-
 39        agement;
 40        (d)  Failed to submit required reports to the authorized chartering entity
 41        governing the charter; or
 42        (e)  Violated any provision of law.
 43        (3)  A  charter  may be revoked by the authorized chartering entity if the
 44    public charter school has failed to cure a defect after  receiving  reasonable
 45    notice and having  had a reasonable opportunity to cure the defect. Revocation
 46    may not occur until the public charter school has been afforded a public hear-
 47    ing  and  a  reasonable  opportunity to cure the defect, unless the authorized
 48    chartering entity reasonably determines that the continued  operation  of  the
 49    public  charter school presents an imminent public safety issue, in which case
 50    the charter may be revoked immediately. Public hearings shall be conducted  by
 51    the  governing  authorized  chartering entity, or such other person or persons
 52    appointed by the authorized chartering entity to conduct public  hearings  and
 53    receive evidence as a contested case in accordance with section 67-5242, Idaho
                                                                        
                                           14
                                                                        
  1    Code.  Reasonable notice and opportunity to reply shall include, at a minimum,
  2    written notice setting out the basis for consideration of revocation, a period
  3    of not less than thirty (30) days within which the public charter  school  can
  4    reply  in writing, and a public hearing within thirty (30) days of the receipt
  5    of the written reply.
  6        (4)  A decision to revoke a charter or not to approve deny a revision of a
  7    charter may be appealed directly to the state board of education. With respect
  8    to such appeal, the state board of education shall  substantially  follow  the
  9    procedure  as  provided in section 33-5207(5)(b), Idaho Code. In the event the
 10    state board of education reverses a decision of revocation, the public charter
 11    school subject to such action  shall  then  be  placed  under  the  chartering
 12    authority of the commission.
                                                                        
 13        SECTION  10.  That Section 33-5210, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        33-5210.  APPLICATION OF SCHOOL LAW -- ACCOUNTABILITY  --  EXEMPTION  FROM
 16    STATE  RULES. (1) All public charter schools are under the general supervision
 17    of the state board of education.
 18        (2)  Every authorized chartering entity that  grants  approves  a  charter
 19    shall  be  responsible  for  ensuring  that each public charter school program
 20    approved by that authorized chartering entity meets the terms of the  charter,
 21    complies  with  the  general  education  laws of the state unless specifically
 22    directed otherwise in this chapter 52, title 33, Idaho Code, and  operates  in
 23    accordance  with the state educational standards of thoroughness as defined in
 24    section 33-1612, Idaho Code.
 25        (3)  Each  charter  school  shall  comply  with  the  financial  reporting
 26    requirements of section 33-701, subsections 5. through 10., Idaho Code, in the
 27    same manner as those requirements are imposed upon school districts.
 28        (4)  Each public charter school is otherwise exempt from  rules  governing
 29    school  districts which have been promulgated by the state board of education,
 30    with the exception of state rules relating to:
 31        (a)  Waiver of teacher certification as necessitated by the provisions  of
 32        section 33-5205(3)(g), Idaho Code;
 33        (b)  Accreditation of the school as necessitated by the provisions of sec-
 34        tion 33-5205(3)(e), Idaho Code;
 35        (c)  Qualifications  of  a student for attendance at an alternative school
 36        as necessitated by the provisions of section 33-5208(3), Idaho Code;
 37        (d)  The requirement that all employees of the school undergo  a  criminal
 38        history check as required by section 33-130, Idaho Code; and
 39        (e)  All  rules  which specifically pertain to public charter schools pro-
 40        mulgated by the state board of education.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS14881
                                
This bill is necessary to allow time for the authorized chartering
entities to fully review a petition and to work with petitioners to
develop the petition for a charter school so that, when the
petition is approved, the resulting charter is one that explains to
parents or guardians and students what can be expected from
attending the charter school and it is a charter the authorized
chartering entity can evaluate compliance as required by Idaho Code
 33-5210(2); and to establish a deadline for submission of a
public charter school petition so that, if the petition is
approved, there is time to notify the State Department of
Education, no later than April 1, the public charter school will be
opening and will need funding for the upcoming school year, subject
to the limits on the number of charter schools opening in a school
year.  The proposed changes are also intended to address issues
that have occurred in the implementation of the current provisions
of Title 33, Chapter 52, Idaho Code.



                         FISCAL IMPACT
                                
There will be no fiscal impact to the General Fund.




Contact
Name: Gary Stivers 
Charter School Commission
Phone:  (208) 332-1565




STATEMENT OF PURPOSE/FISCAL NOTE                     S 1145