2007 Legislation
Print Friendly

SENATE BILL NO. 1088 – Charter school, professionl-techncl

SENATE BILL NO. 1088

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1088aa........................................................by EDUCATION
PROFESSIONAL-TECHNICAL REGIONAL CHARTER SCHOOLS - Amends and adds to
existing law relating to public charter schools to define
"professional-technical regional charter school"; and to provide for
application of public charter school law to professional-technical regional
public charter schools with exceptions for certain conditions and
applications as specified.
                                                                        
02/06    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to Educ
02/23    Rpt out - to 14th Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/05    2nd rdg - to 3rd rdg as amen
03/06    3rd rdg as amen - PASSED - 34-1-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Siddoway, Stegner, Stennett, Werk
      NAYS -- Schroeder
      Absent and excused -- None
    Floor Sponsor - Cameron
    Title apvd - to House
03/07    House intro - 1st rdg - to Educ
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Chavez, Harwood, McGeachin, Trail
    Floor Sponsor - Block
    Title apvd - to Senate
03/20    To enrol
03/21    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/28    Governor signed
         Session Law Chapter 246
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1088
                                                                        
                                   BY EDUCATION 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 two (2) school districts. Notwithstanding the provi-
 39    sions  of  section 33-5206(1), Idaho Code, participating school districts need
 40    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 contracted ser-
 26        vice agreements with public school districts to  engage  the  services  of
 27        certificated  and noncertificated personnel, to procure the use of facili-
 28        ties and equipment, and to purchase materials and equipment, which in  the
 29        judgment  of the board of directors is necessary or desirable for the con-
 30        duct of the business of the professional-technical regional public charter
 31        school. Such salary-based apportionment may be used for  payment  of  con-
 32        tracted  service  agreements  or  for  direct  hire of staff. Certificated
 33        teachers shall be under contract with an Idaho public school entity; and
 34        (c)  Transportation support shall be paid  to  the  professional-technical
 35        regional  public charter school in accordance with the provisions of chap-
 36        ter 15, title 33, Idaho Code.
 37        (4)  A professional-technical regional public charter school shall provide
 38    assurances in  state  attendance  reports  that  it  has  verified  attendance
 39    reports,  which  generate ADA with its participating school districts, to make
 40    certain that the districts and the charter school do not duplicate  enrollment
 41    or ADA claims.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Cameron             
                                                                        
                                                     Seconded by Schroeder           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1088
                                                                        
  1                               AMENDMENTS TO SECTION 2
  2        On page 2 of the printed bill, in line 24 following "schools"  insert:  ".
  3    Such salary-based apportionment may be used for payment of contracted services
  4    or for direct hire of staff"; delete lines 25 and 26 and insert:
  5        "(b)  The board of directors may contract for the services of";
  6    and delete lines 31, 32 and 33 and insert: "school; and".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1088, As Amended
                                                                        
                                   BY EDUCATION 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 two (2) school districts. Notwithstanding the provi-
 39    sions  of  section 33-5206(1), Idaho Code, participating school districts need
 40    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.  Such salary-based apportionment may be used for payment
 25        of contracted services or for direct hire of staff;
 26        (b)  The board of directors may contract for the services of  certificated
 27        and noncertificated personnel, to procure the use of facilities and equip-
 28        ment,  and  to  purchase materials and equipment, which in the judgment of
 29        the board of directors is necessary or desirable for the  conduct  of  the
 30        business of the professional-technical regional public charter school; 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.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE

                                RS 16829

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 charger schools would 
also be the same as current law except that they would receive the 
statewide average index for public charter schools.

Finally, regional professional-technical charter schools may use 
the salary base appropriation for payment of contracted service 
agreements or for direct hire of staff.



                             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 1088