Print Friendly SENATE BILL NO. 1281 – Charter school, admission prefernce
SENATE BILL NO. 1281
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S1281..................................................by GANNON, SCHROEDER
CHARTER SCHOOLS - Amends existing law relating to charter schools to
provide that the listed preference given to applicants to a charter school
be notwithstanding any other provision of law, administrative rule or
regulation or policy of any public school district or other chartering
01/20 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1281
BY GANNON, SCHROEDER
1 AN ACT
2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO PROVIDE
3 THAT THE LISTED PREFERENCE GIVEN TO APPLICANTS TO A CHARTER SCHOOL BE NOT-
4 WITHSTANDING ANY OTHER PROVISION OF LAW, ADMINISTRATIVE RULE OR REGULATION
5 OR POLICY OR ANY PUBLIC SCHOOL DISTRICT OR OTHER CHARTERING ENTITY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of
10 persons may petition to establish a new public charter school, or to convert
11 an existing traditional public school to a public charter school.
12 (a) A petition to establish a new public charter school, including a pub-
13 lic virtual charter school, shall be signed by not fewer than thirty (30)
14 qualified electors of the attendance area designated in the petition.
15 Proof of elector qualifications shall be provided with the petition.
16 (b) A petition to establish a new public virtual school must be submitted
17 directly to the public charter school commission. A petition to establish
18 a new public charter school, other than a new public virtual school, shall
19 first be submitted to the local board of trustees in which the public
20 charter school will be located. A petition shall be considered to be
21 received by an authorized chartering entity as of the next scheduled meet-
22 ing of the authorized chartering entity after submission of the petition.
23 (c) The board of trustees may either: (i) consider the petition and
24 approve the charter; or (ii) consider the petition and deny the charter;
25 or (iii) refer the petition to the public charter school commission. If
26 the petitioners and the local board of trustees have not reached mutual
27 agreement on the provisions of the charter, after a reasonable and good
28 faith effort, within sixty (60) days from the date the charter petition is
29 received, the petitioners may withdraw their petition from the local board
30 of trustees and may submit their charter petition to the public charter
31 school commission, provided it is signed by thirty (30) qualified electors
32 as required by subsection (1)(a) of this section. Documentation of the
33 reasonable and good faith effort between the petitioners and the local
34 board of trustees must be submitted with the petition to the public
35 charter school commission.
36 (d) The public charter school commission may either: (i) consider the
37 petition and approve the charter; or (ii) consider the petition and deny
38 the charter.
39 (e) A petition to convert an existing traditional public school shall be
40 submitted to the board of trustees of the district in which the school is
41 located for review and approval. The petition shall be signed by not fewer
42 than sixty percent (60%) of the teachers currently employed by the school
43 district at the school to be converted, and by one (1) or more parents or
1 guardians of not fewer than sixty percent (60%) of the students currently
2 attending the school to be converted. Each petition submitted to convert
3 an existing school or to establish a new charter school shall contain a
4 copy of the articles of incorporation and the bylaws of the nonprofit
5 corporation, which shall be deemed incorporated into the petition.
6 (2) Not later than sixty (60) days after receiving a petition signed by
7 thirty (30) qualified electors as required by subsection (1)(a) of this sec-
8 tion, the authorized chartering entity shall hold a public hearing for the
9 purpose of discussing the provisions of the charter, at which time the autho-
10 rized chartering entity shall consider the merits of the petition and the
11 level of employee and parental support for the petition. In the case of a
12 petition submitted to the public charter school commission, such public hear-
13 ing must be not later than sixty (60) days after receipt of the petition,
14 which may be extended to ninety (90) days if both parties agree to an exten-
15 sion, and the public hearing shall also include any oral or written comments
16 that an authorized representative of the school district in which the proposed
17 public charter school would be physically located may provide regarding the
18 merits of the petition and any potential impacts on the school district. Fol-
19 lowing review of the petition and the public hearing, the authorized charter-
20 ing entity shall either approve or deny the charter within sixty (60) days
21 after the date of the public hearing, provided however, that the date may be
22 extended by an additional sixty (60) days if the petition fails to contain all
23 of the information required in this section, or if both parties agree to the
24 extension. This public hearing shall be an opportunity for public participa-
25 tion and oral presentation by the public. This hearing is not a contested case
26 hearing as described in chapter 52, title 67, Idaho Code.
27 (3) An authorized chartering entity may approve a charter under the pro-
28 visions of this chapter only if it determines that the petition contains the
29 requisite signatures, the information required by subsection (4) of this sec-
30 tion, and additional statements describing all of the following:
31 (a) The proposed educational program of the public charter school,
32 designed among other things, to identify what it means to be an "educated
33 person" in the twenty-first century, and how learning best occurs. The
34 goals identified in the program shall include how all educational thor-
35 oughness standards as defined in section 33-1612, Idaho Code, shall be
37 (b) The measurable student educational standards identified for use by
38 the public charter school. "Student educational standards" for the purpose
39 of this chapter means the extent to which all students of the public
40 charter school demonstrate they have attained the skills and knowledge
41 specified as goals in the school's educational program.
42 (c) The method by which student progress in meeting those student educa-
43 tional standards is to be measured.
44 (d) A provision by which students of the public charter school will be
45 tested with the same standardized tests as other Idaho public school stu-
47 (e) A provision which ensures that the public charter school shall be
48 state accredited as provided by rule of the state board of education.
49 (f) The governance structure of the public charter school including, but
50 not limited to, the person or entity who shall be legally accountable for
51 the operation of the public charter school, and the process to be followed
52 by the public charter school to ensure parental involvement.
53 (g) The qualifications to be met by individuals employed by the public
54 charter school. Instructional staff shall be certified teachers as pro-
55 vided by rule of the state board of education.
1 (h) The procedures that the public charter school will follow to ensure
2 the health and safety of students and staff.
3 (i) A plan for the requirements of section 33-205, Idaho Code, for the
4 denial of school attendance to any student who is an habitual truant, as
5 defined in section 33-206, Idaho Code, or who is incorrigible, or whose
6 conduct, in the judgment of the board of directors of the public charter
7 school, is such as to be continuously disruptive of school discipline, or
8 of the instructional effectiveness of the school, or whose presence in a
9 public charter school is detrimental to the health and safety of other
10 pupils, or who has been expelled from another school district in this
11 state or any other state.
12 (j) Admission procedures, including provision for overenrollment. Such
13 admission procedures shall provide that the initial admission procedures
14 for a new public charter school, including provision for overenrollment,
15 will be determined by lottery or other random method, except as otherwise
16 provided herein. If initial capacity is insufficient to enroll all pupils
17 who submit a timely application, then the admission procedures may provide
18 that preference shall be given in the following order, notwithstanding any
19 other provision of law, administrative rule or regulation, or policy of
20 any public school district or other chartering entity: first, to children
21 of founders, provided that this admission preference shall be limited to
22 not more than ten percent (10%) of the capacity of the public charter
23 school; second, to siblings of pupils already selected by the lottery or
24 other random method; and third, an equitable selection process such as by
25 lottery or other random method. If capacity is insufficient to enroll all
26 pupils for subsequent school terms, who submit a timely application, then
27 the admission procedures may provide that preference shall be given in the
28 following order: first, to pupils returning to the public charter school
29 in the second or any subsequent year of its operation; second, to children
30 of founders, provided that this admission preference shall be limited to
31 not more than ten percent (10%) of the capacity of the public charter
32 school; third, to siblings of pupils already enrolled in the public
33 charter school; and fourth, an equitable selection process such as by lot-
34 tery or other random method. There shall be no carryover from year to year
35 of the list maintained to fill vacancies. A new lottery shall be conducted
36 each year to fill vacancies which become available.
37 (k) The manner in which an annual audit of the financial and programmatic
38 operations of the public charter school is to be conducted.
39 (l) The disciplinary procedures that the public charter school will uti-
40 lize, including the procedure by which students may be suspended, expelled
41 and reenrolled, and the procedures required by section 33-210, Idaho Code.
42 (m) A provision which ensures that all staff members of the public
43 charter school will be covered by the public employee retirement system,
44 federal social security, unemployment insurance, worker's compensation
45 insurance, and health insurance.
46 (n) The public school attendance alternative for students residing within
47 the school district who choose not to attend the public charter school.
48 (o) A description of the transfer rights of any employee choosing to work
49 in a public charter school that is approved by the board of trustees of a
50 school district, and the rights of such employees to return to any non-
51 charter school in the same school district after employment at such
52 charter school.
53 (p) A provision which ensures that the staff of the public charter school
54 shall be considered a separate unit for purposes of collective bargaining.
55 (q) The manner by which special education services will be provided to
1 students with disabilities who are eligible pursuant to the federal indi-
2 viduals with disabilities education act, including disciplinary procedures
3 for these students.
4 (r) A plan for working with parents who have students who are dually
5 enrolled pursuant to section 33-203, Idaho Code.
6 (s) The process by which the citizens in the area of attendance shall be
7 made aware of the enrollment opportunities of the public charter school.
8 (t) A proposal for transportation services as required by section
9 33-5208(4), Idaho Code.
10 (u) A plan for termination of the charter by the board of directors, to
12 (i) Identification of who is responsible for dissolution of the
13 charter school;
14 (ii) A description of how payment to creditors will be handled;
15 (iii) A procedure for transferring all records of students with
16 notice to parents of how to request a transfer of student records to
17 a specific school; and
18 (iv) A plan for the disposal of the public charter school's assets.
19 (4) The petitioner shall provide information regarding the proposed oper-
20 ation and potential effects of the public charter school including, but not
21 limited to, the facilities to be utilized by the public charter school, the
22 manner in which administrative services of the public charter school are to be
23 provided and the potential civil liability effects upon the public charter
24 school and upon the authorized chartering entity.
STATEMENT OF PURPOSE
Because of some confusion created by 33-5206 (1), Idaho Code,
this legislation amends 33-5205 (j), Idaho Code, to clarify that
in Charter School admission procedures, when capacity is
insufficient to enroll all pupils who submit a timely
application, that the provisions of 33-5205 (j) take precedence
over any other provisions of Idaho Code.
There is no fiscal impact.
Name: Senator Tom Gannon
Senator Gary Schroeder
STATEMENT OF PURPOSE/FISCAL NOTE S 1281