Print Friendly SENATE BILL NO. 1378 – Charter school, number approved
SENATE BILL NO. 1378
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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
]]]] 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,
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,
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.
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
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.
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
Name: Senator Goedde
STATEMENT OF PURPOSE/FISCAL NOTE S 1378
REVISED REVISED REVISED