2005 Legislation
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SENATE BILL NO. 1045 – Charter school, bd, open election

SENATE BILL NO. 1045

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Bill Status



S1045..........................................................by SCHROEDER
CHARTER SCHOOLS - Amends existing law to require a process for an open
election of the board of directors of a charter school.
                                                                        
01/21    Senate intro - 1st rdg - to printing
01/24    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1045
                                                                        
                                        BY SCHROEDER
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF DIRECTORS  OF  A  CHARTER  SCHOOL;  AMENDING  SECTION
  3        33-5205,  IDAHO  CODE,  TO  REQUIRE  A PROCESS FOR AN OPEN ELECTION OF THE
  4        BOARD OF DIRECTORS OF A CHARTER SCHOOL.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 33-5205, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-5205.  PETITION  TO  ESTABLISH  PUBLIC CHARTER SCHOOL. (1) Any group of
  9    persons may petition to establish a new public charter school, or  to  convert
 10    an existing traditional public school to a public charter school.
 11        (a)  A petition to establish a new public charter school, including a pub-
 12        lic  virtual charter school, shall be signed by not fewer than thirty (30)
 13        qualified electors of the service area designated  in  the  petition,  and
 14        shall  first be submitted to the local board of trustees in which the pub-
 15        lic charter school will be located. The board of trustees may either:  (i)
 16        consider  the petition and approve the charter; or (ii) consider the peti-
 17        tion and reject the charter; or (iii) refer the  petition  to  the  public
 18        charter  school  commission.  If  the  petitioners  and the local board of
 19        trustees have not reached  mutual  agreement  on  the  provisions  of  the
 20        charter, after a reasonable and good faith effort, within thirty (30) days
 21        from  the  date of the submission of the charter petition, the petitioners
 22        may withdraw their petition from the local board of trustees and may  sub-
 23        mit their charter petition to the public charter school commission.
 24        (b)  A  petition to convert an existing traditional public school shall be
 25        submitted to the board of trustees of the district in which the school  is
 26        located for review and approval. The petition shall be signed by not fewer
 27        than  sixty percent (60%) of the teachers currently employed by the school
 28        district at the school to be converted, and by one (1) or more parents  or
 29        guardians  of not fewer than sixty percent (60%) of the students currently
 30        attending the school to be converted. Each petition submitted  to  convert
 31        an  existing  school  or to establish a new charter school shall contain a
 32        copy of the articles of incorporation and the bylaws of the nonprofit cor-
 33        poration, which shall be deemed incorporated into the petition.
 34        (2)  Not later than thirty (30) days after receiving a petition signed  in
 35    accordance  with  the  specifications  in  subsection (1) of this section, the
 36    authorized chartering entity shall hold a meeting open to the public  for  the
 37    purpose  of discussing the provisions of the charter, at which time the autho-
 38    rized chartering entity shall consider the merits  of  the  petition  and  the
 39    level  of  employee  and  parental  support for the petition. In the case of a
 40    petition submitted to the public charter school commission, the public hearing
 41    shall also include any oral or written comments that an authorized representa-
 42    tive of the school district in which the proposed public charter school  would
 43    be physically located may provide regarding the merits of the petition and any
                                                                        
                                           2
                                                                        
  1    potential impacts on the school district. Following review of the petition and
  2    the  public  hearing,  the  authorized chartering entity shall either grant or
  3    deny the charter within sixty (60) days of receipt of the  petition,  provided
  4    however, that the date may be extended by an additional sixty (60) days if the
  5    petition  fails to contain the requisite signatures or fails to contain all of
  6    the information required in this section, or if  both  parties  agree  to  the
  7    extension.
  8        (3)  An  authorized chartering entity may grant a charter under the provi-
  9    sions of this chapter only if it determines that  the  petition  contains  the
 10    requisite  signatures, the information required by subsection (4) of this sec-
 11    tion, and additional statements describing all of the following:
 12        (a)  The proposed  educational  program  of  the  public  charter  school,
 13        designed  among other things, to identify what it means to be an "educated
 14        person" in the twenty-first century, and how  learning  best  occurs.  The
 15        goals  identified  in  the program shall include how all educational thor-
 16        oughness standards as defined in section 33-1612,  Idaho  Code,  shall  be
 17        fulfilled.
 18        (b)  The  measurable  student  educational standards identified for use by
 19        the public charter school. "Student educational standards" for the purpose
 20        of this chapter means the extent to  which  all  students  of  the  public
 21        charter  school  demonstrate  they  have attained the skills and knowledge
 22        specified as goals in the school's educational program.
 23        (c)  The method by which student progress in meeting those student  educa-
 24        tional standards is to be measured.
 25        (d)  A  provision  by  which students of the public charter school will be
 26        tested with the same standardized tests as other Idaho public school  stu-
 27        dents.
 28        (e)  A  provision  which  ensures  that the public charter school shall be
 29        state accredited as provided by rule of the state board of education.
 30        (f)  The governance structure of the public charter school including,  but
 31        not  limited to, the person or entity who shall be legally accountable for
 32        the operation of the public charter school, the process  to  be  used  for
 33        holding  an  open  election of the board of directors following the second
 34        year of operation, and the process to be followed by  the  public  charter
 35        school to ensure parental involvement.
 36        (g)  The  qualifications  to  be met by individuals employed by the public
 37        charter school. Instructional staff shall be certified  teachers,  or  may
 38        apply for a waiver or any of the limited certification options as provided
 39        by rule of the state board of education.
 40        (h)  The  procedures  that the public charter school will follow to ensure
 41        the health and safety of students and staff.
 42        (i)  Admission procedures, including provision  for  overenrollment.  Such
 43        admission  procedures  shall provide that the initial admission procedures
 44        for a new public charter school, including provision  for  overenrollment,
 45        will  be determined by lottery or other random method, except as otherwise
 46        provided herein. If initial capacity is insufficient to enroll all  pupils
 47        who submit a timely application, then the admission procedures may provide
 48        that  preference shall be given in the following order: first, to children
 49        of founders, provided that this admission preference shall be  limited  to
 50        not  more  than  ten  percent  (10%) of the capacity of the public charter
 51        school; second, to siblings of pupils already selected by the  lottery  or
 52        other  random method; and third, an equitable selection process such as by
 53        lottery or other random method. If capacity is insufficient to enroll  all
 54        pupils  for subsequent school terms, who submit a timely application, then
 55        the admission procedures may provide that preference shall be given in the
                                                                        
                                           3
                                                                        
  1        following order: first, to pupils returning to the public  charter  school
  2        in the second or any subsequent year of its operation; second, to children
  3        of  founders,  provided that this admission preference shall be limited to
  4        not more than ten percent (10%) of the  capacity  of  the  public  charter
  5        school;  third,  to  siblings  of  pupils  already  enrolled in the public
  6        charter school;  and fourth, an equitable selection  process  such  as  by
  7        lottery  or  other random method. There shall be no carryover from year to
  8        year of the list maintained to fill vacancies. A new lottery shall be con-
  9        ducted each year to fill vacancies which become available.
 10        (j)  The manner in which an annual audit of the financial and programmatic
 11        operations of the public charter school is to be conducted.
 12        (k)  The disciplinary procedures that the public charter school will  uti-
 13        lize, including the procedure by which students may be suspended, expelled
 14        and reenrolled.
 15        (l)  A  provision  which  ensures  that  all  staff  members of the public
 16        charter school will be covered by the public employee  retirement  system,
 17        federal  social security, unemployment insurance and worker's compensation
 18        insurance.
 19        (m)  The public school attendance alternative for students residing within
 20        the school district who choose not to attend the public charter school.
 21        (n)  A description of the transfer rights of any employee choosing to work
 22        in a public charter school and the rights of such employees to  return  to
 23        any  noncharter school in the school district after employment at a public
 24        charter school.
 25        (o)  A provision which ensures that the staff of the public charter school
 26        shall be considered a separate unit for purposes of collective bargaining.
 27        (p)  The procedures to be followed by the public charter  school  and  the
 28        authorized chartering entity to resolve disputes relating to provisions of
 29        the charter.
 30        (q)  The  manner  by  which special education services will be provided to
 31        students with disabilities who are eligible pursuant to the federal  indi-
 32        viduals with disabilities education act.
 33        (r)  The  manner by which eligible students from the public charter school
 34        shall be allowed to participate in dual enrollment in  noncharter  schools
 35        within  the same district as the public charter school, as provided for in
 36        section 33-203(7), Idaho Code.
 37        (s)  The process by which the citizens in the area of attendance shall  be
 38        made aware of the enrollment opportunities of the public charter school.
 39        (4)  The petitioner shall provide information regarding the proposed oper-
 40    ation  and  potential  effects of the public charter school including, but not
 41    limited to, the facilities to be utilized by the public  charter  school,  the
 42    manner in which administrative services of the public charter school are to be
 43    provided  and  the  potential  civil liability effects upon the public charter
 44    school and upon the authorized chartering entity.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14661

Amends Section 33-5205, Idaho Code, to provide that petitions for
charter schools shall contain a statement describing the process
to be used for holding an open election for the board of
directors following the second year of operation.




                           FISCAL NOTE

None


Contact
Name:  Senator Gary Schroeder 
Phone: 208-332-1324


STATEMENT OF PURPOSE/FISCAL NOTE                     S 1045