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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 - 2006
IN 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 - 2006
Moved 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 - 2006
IN 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