2006 Legislation
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SENATE BILL NO. 1378 – Charter school, number approved

SENATE BILL NO. 1378

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Bill Status



S1378..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide for the number of public
charter schools that may begin educational instruction in any school year;
and to provide for the number of such schools that may be approved by local
boards of school district trustees and by the Public School Charter
Commission in one school year.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/13    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. 1378
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5203, IDAHO  CODE,  TO
  3        PROVIDE  FOR  THE  NUMBER  OF PUBLIC CHARTER SCHOOLS THAT MAY BEGIN EDUCA-
  4        TIONAL INSTRUCTION IN ANY SCHOOL YEAR, TO PROVIDE FOR THE NUMBER  OF  SUCH
  5        SCHOOLS  THAT  MAY BE APPROVED BY LOCAL BOARDS OF SCHOOL DISTRICT TRUSTEES
  6        AND BY THE PUBLIC SCHOOL CHARTER COMMISSION IN ONE SCHOOL YEAR AND TO MAKE
  7        TECHNICAL CORRECTIONS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 33-5203, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
 12    schools  is  hereby  authorized.  Public  charter schools shall be part of the
 13    state's program of public education.
 14        (2)  The number of new public charter schools which may begin  educational
 15    instruction  in  any  one (1) school year shall be limited in number in accor-
 16    dance with the following:
 17        (a)  Not more than six (6) twelve (12)  new  public  charter  schools  may
 18        begin  educational  instruction  in any one (1) school year, provided how-
 19        ever, that:
 20             (i)   The number of public charter schools that may  be  approved  by
 21             local  boards  of trustees of  school districts in any one (1) school
 22             year may not be more than six (6); and
 23             (ii)  The number of public charter schools that may  be  approved  by
 24             the  public  school charter commission in any one (1) school year may
 25             not be more than six (6); and
 26        (b)  Not more than one (1) new public charter school may begin educational
 27        instruction that is physically located within any one (1) school  district
 28        in any one (1) school year, and
 29        (c)  No  whole  school  district may be converted to a charter district or
 30        any configuration which includes all schools as  public  charter  schools,
 31        and
 32        (d)  Public  virtual charter schools approved by the public charter school
 33        commission are not included in paragraph (b) of this subsection, and
 34        (e)  The transfer of a charter for a school already authorized pursuant to
 35        section 33-5205A, Idaho Code, is not included in the limit on  the  annual
 36        number of public charter schools approved to begin educational instruction
 37        in any given school year as set forth in paragraph (a) of this subsection,
 38        and
 39        (f)  A  petition  must  be  received  by the initial authorized chartering
 40        entity no later than September 1 to be eligible to begin  instruction  the
 41        first complete school year following receipt of the petition., and
 42        (dg)  To  begin operations, a newly-chartered public school must be autho-
 43        rized by no later than January 1 of the previous school year.
                                                                        
                                           2
                                                                        
  1        (3)  A public charter school may be formed either by creating a new public
  2    charter school, which charter may be approved  by  any  authorized  chartering
  3    entity,  or  by  converting  an existing traditional public school to a public
  4    charter school, which charter may only be approved by the board of trustees of
  5    the school district in which the existing public school is located.
  6        (4)  No charter shall be approved under this chapter:
  7        (a)  Which provides for the conversion of any existing  private  or  paro-
  8        chial school to a public charter school.
  9        (b)  To  a  for-profit  entity  or  any school which is operated by a for-
 10        profit entity, provided however, nothing herein shall prevent the board of
 11        directors of a public charter  school from legally contracting  with  for-
 12        profit  entities for the provision of products or services that aid in the
 13        operation of the school.
 14        (c)  By the board of trustees of a school district if the  public  charter
 15        school's  physical  location  is outside the boundaries of the authorizing
 16        school district. The limitation provided in this  subsection  (4)(c)  does
 17        not apply to a home-based public virtual school.
 18        (5)  A public virtual school charter may be approved by the public charter
 19    school  commission.  In  addition, a charter may also be approved by the state
 20    board of education pursuant to section 33-5207(5)(b), Idaho Code.
 21        (6)  The state board of education shall adopt rules, subject  to  law,  to
 22    establish  a  consistent  application  and review process for the approval and
 23    maintenance of all public charter schools.
 24        (7)  The state board of education shall be responsible to designate  those
 25    public  charter  schools  that  will be identified as a local education agency
 26    (LEA) as such term is defined in 34 CFR 300.18; however, only  public  charter
 27    schools  chartered  by  the  board  of  trustees  of  a school district may be
 28    included in that district's LEA.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                           RS RS 16016
                                
     This bill will increase the number of charter schools that
can open in any one school year from six to 12. It creates sub-
limits of six, which can be chartered by the Charter Commission,
and six, which can be chartered by local school districts.  



                           FISCAL IMPACT

     An additional workload may be put on staff serving the
Charter School Commission, should raising the cap result in an
increase of petitions.  Additionally, there will be an increased
cost for each additional school chartered. The average cost would
approach $250,000 per school; however, that number is dependent
on many factors and could be a negative number, given the right
circumstances.




Contact   
Name:     Senator Goedde
Phone:    322-1331


STATEMENT OF PURPOSE/FISCAL NOTE                           S 1378      

REVISED                       REVISED                     REVISED