Print Friendly SENATE BILL NO. 1145 – Public charter school law/revisions
SENATE BILL NO. 1145
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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
]]]] 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
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
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,
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,
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,
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
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
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
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:
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
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
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
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-
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
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
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-
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
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
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
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
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
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,
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
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-
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
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
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.
There will be no fiscal impact to the General Fund.
Name: Gary Stivers
Charter School Commission
Phone: (208) 332-1565
STATEMENT OF PURPOSE/FISCAL NOTE S 1145