2006 Legislation
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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
entity.
                                                                        
01/20    Senate intro - 1st rdg - to printing
01/23    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              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
                                                                        
                                           2
                                                                        
  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
 36        fulfilled.
 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-
 46        dents.
 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.
                                                                        
                                           3
                                                                        
  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
                                                                        
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  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
 11        include:
 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 / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15703

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.


                           FISCAL NOTE

There is no fiscal impact.




Contact
Name: Senator Tom Gannon 
Phone: 208-332-1345
Senator Gary Schroeder   
208-332-1324


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1281