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S1418aa..........................................................by FINANCE PROFESSIONAL-TECHNICAL CHARTER SCHOOL - Amends existing law to define "professional-technical regional public charter school"; to provide for professional-technical regional charter schools; and to provide for application of public charter school law to professional-technical regional public charter schools, with exceptions. 02/24 Senate intro - 1st rdg - to printing 02/27 Rpt prt - to Educ 03/15 Rpt out - to 14th Ord 03/16 Rpt out amen - to engros 03/17 Rpt engros - 1st rdg - to 2nd rdg as amen 03/20 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 29-5-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner, Compton, Corder, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Stennett, Sweet, Williams NAYS -- Darrington, Kelly, Schroeder, Stegner, Werk Absent and excused -- Burkett Floor Sponsor - Cameron Title apvd - to House 03/22 House intro - 1st rdg - to W/M
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1418 BY FINANCE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202A, IDAHO CODE, TO 3 DEFINE "PROFESSIONAL-TECHNICAL REGIONAL PUBLIC CHARTER SCHOOL"; AMENDING 4 SECTION 33-5203, IDAHO CODE, TO PROVIDE THAT APPROVAL OF A PROFESSIONAL- 5 TECHNICAL REGIONAL PUBLIC CHARTER SCHOOL ALSO REQUIRES APPROVAL OF THE 6 DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION AND TO MAKE A TECHNICAL COR- 7 RECTION; AND AMENDING SECTION 33-5208, IDAHO CODE, TO PROVIDE FUNDING FOR 8 PROFESSIONAL-TECHNICAL REGIONAL PUBLIC CHARTER SCHOOLS AND TO PROVIDE A 9 CORRECT CODE REFERENCE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 33-5202A, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 33-5202A. DEFINITIONS. As used in this chapter, unless the context 14 requires otherwise: 15 (1) "Authorized chartering entity" means either the local board of 16 trustees of a school district in this state, or the public charter school com- 17 mission pursuant to the provisions of this chapter. 18 (2) "Charter" means the grant of authority approved by the authorized 19 chartering entity to the board of directors of the public charter school. 20 (3) "Founder" means a person, including employees or staff of a public 21 charter school, who makes a material contribution toward the establishment of 22 a public charter school in accordance with criteria determined by the board of 23 directors of the public charter school, and who is designated as such at the 24 time the board of directors acknowledges and accepts such contribution. The 25 criteria for determining when a person is a founder shall not discriminate 26 against any person on any basis prohibited by the federal or state 27 constitutions or any federal, state or local law. The designation of a person 28 as a founder, and the admission preferences available to the children of a 29 founder, shall not constitute pecuniary benefits. 30 (4) "Petition" means the document submitted by a person or persons to the 31 authorized chartering entity to request the creation of a public charter 32 school. 33 (5) "Professional-technical regional public charter school" means a pub- 34 lic charter secondary school authorized under this chapter to provide programs 35 in professional-technical education which meet the standards and qualifica- 36 tions established by the division of professional-technical education. A 37 professional-technical regional public charter school may be approved by an 38 authorized chartering entity and by the terms of its charter, shall operate in 39 association with at least three (3) school districts, each with an ADA of less 40 than four hundred (400). Notwithstanding the provisions of section 33-5206(1), 41 Idaho Code, participating school districts need not be contiguous. 42 (6) "Public charter school" means a school that is authorized under this 43 chapter to deliver public education in Idaho. 2 1 (67) "Public virtual school" means a public charter school that may serve 2 students in more than one (1) school district and through which the primary 3 method for the delivery of instruction to all of its pupils is through virtual 4 distance learning or online technologies. 5 (78) "Traditional public school" means any school existing or to be built 6 that is operated and controlled by a school district in this state. 7 SECTION 2. That Section 33-5203, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter 10 schools is hereby authorized. Public charter schools shall be part of the 11 state's program of public education. 12 (2) The number of new public charter schools which may begin educational 13 instruction in any one (1) school year shall be limited in number in accor- 14 dance with the following: 15 (a) Not more than six (6) new public charter schools may begin educa- 16 tional instruction in any one (1) school year, and 17 (b) Not more than one (1) new public charter school may begin educational 18 instruction that is physically located within any one (1) school district 19 in any one (1) school year, and 20 (c) No whole school district may be converted to a charter district or 21 any configuration which includes all schools as public charter schools, 22 and 23 (d) Public virtual charter schools approved by the public charter school 24 commission are not included in paragraph (b) of this subsection, and 25 (e) The transfer of a charter for a school already authorized pursuant to 26 section 33-5205A, Idaho Code, is not included in the limit on the annual 27 number of public charter schools approved to begin educational instruction 28 in any given school year as set forth in paragraph (a) of this subsection, 29 and 30 (f) A petition must be received by the initial authorized chartering 31 entity no later than September 1 to be eligible to begin instruction the 32 first complete school year following receipt of the petition.; and 33 (dg) To begin operations, a newly-chartered public school must be autho- 34 rized by no later than January 1 of the previous school year. 35 (3) A public charter school may be formed either by creating a new public 36 charter school, which charter may be approved by any authorized chartering 37 entity, or by converting an existing traditional public school to a public 38 charter school, which charter may only be approved by the board of trustees of 39 the school district in which the existing public school is located. 40 (4) No charter shall be approved under this chapter: 41 (a) Which provides for the conversion of any existing private or paro- 42 chial school to a public charter school. 43 (b) To a for-profit entity or any school which is operated by a for- 44 profit entity, provided however, nothing herein shall prevent the board of 45 directors of a public charter school from legally contracting with for- 46 profit entities for the provision of products or services that aid in the 47 operation of the school. 48 (c) By the board of trustees of a school district if the public charter 49 school's physical location is outside the boundaries of the authorizing 50 school district. The limitation provided in this subsection (4)(c) does 51 not apply to a home-based public virtual school. 52 (5) A public virtual school charter may be approved by the public charter 53 school commission. In addition, a charter may also be approved by the state 3 1 board of education pursuant to section 33-5207(5)(b), Idaho Code. 2 (6) Notwithstanding other provisions of this chapter to the contrary, 3 approval of a professional-technical regional public charter school by an 4 authorized chartering entity shall not be final until the petition has also 5 been approved by the division of professional-technical education. 6 (7) The state board of education shall adopt rules, subject to law, to 7 establish a consistent application and review process for the approval and 8 maintenance of all public charter schools. 9 (78) The state board of education shall be responsible to designate those 10 public charter schools that will be identified as a local education agency 11 (LEA) as such term is defined in 34 CFR 300.18; however, only public charter 12 schools chartered by the board of trustees of a school district may be 13 included in that district's LEA. 14 SECTION 3. That Section 33-5208, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-5208. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. Except as provided in 17 subsection (8) of this section, from the state educational support program the 18 state department of education shall make the following apportionment to each 19 public charter school for each fiscal year based on attendance figures submit- 20 ted in a manner and time as required by the department of education: 21 (1) Per student support. Computation of support units for each public 22 charter school shall be calculated as if it were a separate school according 23 to the schedules in section 33-1002 6., Idaho Code, except that public charter 24 schools with fewer than one hundred (100) secondary ADA shall use a divisor of 25 twelve (12) and the minimum units shall not apply, and no public charter 26 school shall receive an increase in support units that exceeds the support 27 units it received in the prior year by more than twenty (20). Funding from the 28 state educational support program shall be equal to the total distribution 29 factor, plus the salary-based apportionment provided in chapter 10, title 33, 30 Idaho Code. Provided however, any public charter school that is formed by the 31 conversion of an existing traditional public school shall be assigned 32 divisors, pursuant to section 33-1002, Idaho Code, that are no lower than the 33 divisors of the school district in which the traditional public school is 34 located, for each category of pupils listed. 35 Funding for a professional-technical regional public charter school shall 36 be the same as provided in this subsection (1), except that the salary-based 37 apportionment for a professional-technical regional public charter school 38 shall be the greater of the actual experience and education index for instruc- 39 tional and administrative staff, or the statewide average index for public 40 schools. The board of directors may cooperatively enter into written contracts 41 to engage the services of specialized personnel, to procure the use of facili- 42 ties and equipment, and to purchase materials and equipment, which in the 43 judgment of the board of directors is necessary or desirable for the conduct 44 of the business of the professional-technical regional public charter school. 45 Such salary-based apportionment may be used for payment of contracted service 46 agreements or for direct hire of staff. Certificated teachers shall be under 47 contract with an Idaho public school entity. 48 (2) Special education. For each student enrolled in the public charter 49 school who is entitled to special education services, the state and federal 50 funds from the exceptional child education program for that student that would 51 have been apportioned for that student to the school district in which the 52 public charter school is located. 53 (3) Alternative school support. Public charter schools may qualify under 4 1 the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the pub- 2 lic charter school meets the necessary statutory requirements, and students 3 qualify for attendance at an alternative school as provided by rule of the 4 state board of education. 5 (4) Transportation support. Support shall be paid to the public charter 6 school as provided in chapter 15, title 33, Idaho Code, and section 33-1006, 7 Idaho Code, except that no professional-technical regional public charter 8 school shall be allowed to request or receive transportation support funds. 9 Each public charter school shall furnish the department with an enrollment 10 count as of the first Friday in November, of public charter school students 11 living more than one and one-half (1 1/2) miles from the school. For charter 12 schools in the initial year of operation, the petition shall include a pro- 13 posal for transportation services with an estimated first year cost. The state 14 department of education is authorized to include in the annual appropriation 15 to the charter school eighty percent (80%) of the estimated transportation 16 cost. The final appropriation payment in July shall reflect eighty-five per- 17 cent (85%) of the actual cost. 18 (5) Payment schedule. The state department of education is authorized to 19 make an advance payment of twenty-five percent (25%) of a public charter 20 school's estimated annual apportionment for its first year of operation, and 21 each year thereafter, provided the public charter school has an increase of 22 student population in any given year of twenty (20) students or more, to 23 assist the school with initial start-up costs or payroll obligations. 24 (a) For a state public charter school to receive the advance payment, the 25 school shall submit its anticipated fall membership for each grade level 26 to the state department of education by June 1. 27 (b) Using the figures provided by the public charter school, the state 28 department of education shall determine an estimated annual apportionment 29 from which the amount of the advance payment shall be calculated. Advance 30 payment shall be made to the school on or after July 1 but no later than 31 July 31. 32 (c) All subsequent payments, taking into account the one-time advance 33 payment made for the first year of operation, shall be made to the public 34 charter school in the same manner as other traditional public schools in 35 accordance with the provisions of section 33-1009, Idaho Code. 36 A public charter school shall comply with all applicable fiscal requirements 37 of law, except that the following provisions shall not be applicable to public 38 charter schools: section 33-1003B, Idaho Code, relating to guaranteed minimum 39 support; that portion of section 33-1004, Idaho Code, relating to reduction of 40 the administrative and instructional staff allowance when there is a discrep- 41 ancy between the number allowed and the number actually employed; and section 42 33-1004E, Idaho Code, for calculation of district staff indices. 43 (6) Nothing in this chapter shall be construed to prohibit any private 44 person or organization from providing funding or other financial assistance to 45 the establishment or operation of a public charter school. 46 (7) Nothing in this chapter shall prevent a public charter school from 47 applying for federal grant moneys. 48 (8) (a) For the period July 1, 2003, through June 30, 2005, all public 49 virtual schools shall be assigned divisors, pursuant to section 33-1002, 50 Idaho Code, that are no higher than the median divisor shown for each 51 respective category of pupils, among the possible divisors listed, for 52 each respective category of pupils that contains more than one (1) divi- 53 sor. If there is an even number of possible divisors listed for a particu- 54 lar category of pupils, then the lesser of the two (2) median divisors 55 shall be used. For the period July 1, 2005, through June 30, 2007, all 5 1 public virtual schools shall be assigned divisors, pursuant to section 2 33-1002, Idaho Code, that are no higher than the second highest divisor 3 shown, among the possible divisors listed, for each respective category of 4 pupils that contains more than one (1) divisor. The divisor provisions 5 contained herein shall only be applicable to the number of pupils in aver- 6 age daily attendance in such public virtual schools for the period July 1, 7 2003, through June 30, 2004. If the number of pupils in average daily 8 attendance in any particular category of pupils increases, during the 9 period July 1, 2004, through June 30, 2005, to a number above that which 10 existed in the prior fiscal year, then those additional pupils in average 11 daily attendance shall be assigned the divisor, pursuant to section 12 33-1002, Idaho Code, that would have otherwise been assigned to the school 13 district or public charter school had this section not been in force. 14 (b) Each student in attendance at a public virtual school shall be funded 15 based upon either the actual hours of attendance in the public virtual 16 school on a flexible schedule, or the percentage of coursework completed, 17 whichever is more advantageous to the school, up to the maximum of one (1) 18 full-time equivalent student. 19 (c) All federal educational funds shall be administered and distributed 20 to public charter schools, including public virtual schools, that have 21 been designated by the state board of education as a local education 22 agency (LEA), as provided in section 33-5203(78), Idaho Code. 23 (9) Nothing in this section prohibits separate face-to-face learning 24 activities or services.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Cameron Seconded by Gannon IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1418 1 AMENDMENTS TO THE BILL 2 On page 2 of the printed bill, delete lines 7 through 53; delete pages 3, 3 4 and 5 and insert: 4 "SECTION 2. That Chapter 52, Title 33, Idaho Code, be, and the same is 5 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 6 ignated as Section 33-5215, Idaho Code, and to read as follows: 7 33-5215. PROFESSIONAL-TECHNICAL REGIONAL PUBLIC CHARTER SCHOOL. (1) A 8 professional-technical regional public charter school is hereby declared to be 9 a public charter school and as such, the provisions of chapter 52, title 33, 10 Idaho Code, shall apply to each professional-technical regional public charter 11 school in the same manner and to the same extent as the provisions of charter 12 school law apply to other public charter schools, with the exception of cer- 13 tain conditions and applications as specifically provided in this section. 14 (2) In addition to the approval provisions of this chapter, approval of a 15 professional-technical regional public charter school by an authorized char- 16 tering entity shall not be final until the petition has also been reviewed by 17 the division of professional-technical education. 18 (3) Funding for a professional-technical regional public charter school 19 shall be the same as provided in section 33-5208, Idaho Code, except that: 20 (a) The salary-based apportionment for a professional-technical regional 21 public charter school shall be the statewide average index for public 22 charter schools; 23 (b) The board of directors may cooperatively enter into written contracts 24 to engage the services of specialized personnel, to procure the use of 25 facilities and equipment, and to purchase materials and equipment, which 26 in the judgment of the board of directors is necessary or desirable for 27 the conduct of the business of the professional-technical regional public 28 charter school. Such salary-based apportionment may be used for payment of 29 contracted service agreements or for direct hire of staff. Certificated 30 teachers shall be under contract with an Idaho public school entity; and 31 (c) Transportation support shall be paid to the professional-technical 32 regional public charter school in accordance with the provisions of chap- 33 ter 15, title 33, Idaho Code. 34 (4) A professional-technical regional public charter school shall provide 35 assurances in state attendance reports that it has verified attendance 36 reports, which generate ADA with its participating school districts, to make 37 certain that the districts and the charter school do not duplicate enrollment 38 or ADA claims.". 39 CORRECTIONS TO TITLE 40 On page 1, in line 3, following "SCHOOL";" insert: "AND"; and delete lines 41 4 through 9 and insert: "CHAPTER 52, TITLE 33, IDAHO CODE, BY THE ADDITION OF 42 A NEW SECTION 33-5215, IDAHO CODE, TO PROVIDE FOR PROFESSIONAL-TECHNICAL 2 1 REGIONAL PUBLIC CHARTER SCHOOLS AND TO PROVIDE FOR APPLICATION OF PUBLIC 2 CHARTER SCHOOL LAW TO PROFESSIONAL-TECHNICAL REGIONAL PUBLIC CHARTER SCHOOLS 3 WITH EXCEPTIONS FOR CERTAIN CONDITIONS AND APPLICATIONS AS SPECIFIED.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1418, As Amended BY FINANCE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202A, IDAHO CODE, TO 3 DEFINE "PROFESSIONAL-TECHNICAL REGIONAL PUBLIC CHARTER SCHOOL"; AND AMEND- 4 ING CHAPTER 52, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5 33-5215, IDAHO CODE, TO PROVIDE FOR PROFESSIONAL-TECHNICAL REGIONAL PUBLIC 6 CHARTER SCHOOLS AND TO PROVIDE FOR APPLICATION OF PUBLIC CHARTER SCHOOL 7 LAW TO PROFESSIONAL-TECHNICAL REGIONAL PUBLIC CHARTER SCHOOLS WITH EXCEP- 8 TIONS FOR CERTAIN CONDITIONS AND APPLICATIONS AS SPECIFIED. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 33-5202A, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 33-5202A. DEFINITIONS. As used in this chapter, unless the context 13 requires otherwise: 14 (1) "Authorized chartering entity" means either the local board of 15 trustees of a school district in this state, or the public charter school com- 16 mission pursuant to the provisions of this chapter. 17 (2) "Charter" means the grant of authority approved by the authorized 18 chartering entity to the board of directors of the public charter school. 19 (3) "Founder" means a person, including employees or staff of a public 20 charter school, who makes a material contribution toward the establishment of 21 a public charter school in accordance with criteria determined by the board of 22 directors of the public charter school, and who is designated as such at the 23 time the board of directors acknowledges and accepts such contribution. The 24 criteria for determining when a person is a founder shall not discriminate 25 against any person on any basis prohibited by the federal or state 26 constitutions or any federal, state or local law. The designation of a person 27 as a founder, and the admission preferences available to the children of a 28 founder, shall not constitute pecuniary benefits. 29 (4) "Petition" means the document submitted by a person or persons to the 30 authorized chartering entity to request the creation of a public charter 31 school. 32 (5) "Professional-technical regional public charter school" means a pub- 33 lic charter secondary school authorized under this chapter to provide programs 34 in professional-technical education which meet the standards and qualifica- 35 tions established by the division of professional-technical education. A 36 professional-technical regional public charter school may be approved by an 37 authorized chartering entity and by the terms of its charter, shall operate in 38 association with at least three (3) school districts, each with an ADA of less 39 than four hundred (400). Notwithstanding the provisions of section 33-5206(1), 40 Idaho Code, participating school districts need not be contiguous. 41 (6) "Public charter school" means a school that is authorized under this 42 chapter to deliver public education in Idaho. 43 (67) "Public virtual school" means a public charter school that may serve 2 1 students in more than one (1) school district and through which the primary 2 method for the delivery of instruction to all of its pupils is through virtual 3 distance learning or online technologies. 4 (78) "Traditional public school" means any school existing or to be built 5 that is operated and controlled by a school district in this state. 6 SECTION 2. That Chapter 52, Title 33, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 8 ignated as Section 33-5215, Idaho Code, and to read as follows: 9 33-5215. PROFESSIONAL-TECHNICAL REGIONAL PUBLIC CHARTER SCHOOL. (1) A 10 professional-technical regional public charter school is hereby declared to be 11 a public charter school and as such, the provisions of chapter 52, title 33, 12 Idaho Code, shall apply to each professional-technical regional public charter 13 school in the same manner and to the same extent as the provisions of charter 14 school law apply to other public charter schools, with the exception of cer- 15 tain conditions and applications as specifically provided in this section. 16 (2) In addition to the approval provisions of this chapter, approval of a 17 professional-technical regional public charter school by an authorized char- 18 tering entity shall not be final until the petition has also been reviewed by 19 the division of professional-technical education. 20 (3) Funding for a professional-technical regional public charter school 21 shall be the same as provided in section 33-5208, Idaho Code, except that: 22 (a) The salary-based apportionment for a professional-technical regional 23 public charter school shall be the statewide average index for public 24 charter schools; 25 (b) The board of directors may cooperatively enter into written contracts 26 to engage the services of specialized personnel, to procure the use of 27 facilities and equipment, and to purchase materials and equipment, which 28 in the judgment of the board of directors is necessary or desirable for 29 the conduct of the business of the professional-technical regional public 30 charter school. Such salary-based apportionment may be used for payment of 31 contracted service agreements or for direct hire of staff. Certificated 32 teachers shall be under contract with an Idaho public school entity; and 33 (c) Transportation support shall be paid to the professional-technical 34 regional public charter school in accordance with the provisions of chap- 35 ter 15, title 33, Idaho Code. 36 (4) A professional-technical regional public charter school shall provide 37 assurances in state attendance reports that it has verified attendance 38 reports, which generate ADA with its participating school districts, to make 39 certain that the districts and the charter school do not duplicate enrollment 40 or ADA claims.
STATEMENT OF PURPOSE RS 16130 The purpose of the proposed legislation is to allow the creation of regional professional-technical charter schools. The creation would require all the same steps as a traditional charter school but would add the requirement of receiving certification from the Division of Professional Technical Education. Funding for regional professional-technical charter schools would also be the same as current law except that they would receive the greater of their actual index or the average charter school index. Finally, regional professional-technical charter schools may use the salary base appropriation to hire or contract with teachers, staff, and specialized personnel. FISCAL IMPACT No additional General Fund appropriation would be needed or requested. To the extent more non-traditional students participate in regional professional-technical charter schools, there may be additional support units created. Contact Name: Senator Dean Cameron Phone: 334-4735 Name: Dr. Nick Hallett Agency: ARTEC Charter Schools Phone: 1-208-312-4237 STATEMENT OF PURPOSE/FISCAL NOTE S 1418