Print Friendly HOUSE BILL NO. 395
– Charter school facility/relocation
HOUSE BILL NO. 395
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CHARTER SCHOOLS - Amends existing law relating to public charter schools to
provide for relocation of public charter school facilities to another
school district if the approved primary attendance area of the public
charter school is located within more than one school district.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 395
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205A, IDAHO CODE, TO
3 PROVIDE FOR RELOCATION OF PUBLIC CHARTER SCHOOL FACILITIES TO ANOTHER
4 SCHOOL DISTRICT IF THE APPROVED PRIMARY ATTENDANCE AREA OF THE PUBLIC
5 CHARTER SCHOOL IS LOCATED WITHIN MORE THAN ONE SCHOOL DISTRICT AND TO MAKE
6 TECHNICAL CHANGES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 33-5205A, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 33-5205A. TRANSFER OF CHARTER. (1) A charter for a public charter school
11 approved by the board of trustees of a local school district may be trans-
12 ferred to, and placed under the chartering authority of, the public charter
13 school commission if the board of trustees of such local school district, the
14 public charter school commission, and the board of directors of the public
15 charter school all agree to such transfer, including any revision to the
16 charter that may be required in connection with such transfer. A charter for a
17 public charter school approved by the public charter school commission may be
18 transferred to, and placed under the chartering authority of, the board of
19 trustees of the local school district in which the public charter school is
20 located if the public charter school commission, the board of trustees of such
21 local school district, and the board of directors of the public charter school
22 all agree to such transfer, including any revisions to the charter that may be
23 required in connection with such transfer. A request to transfer a charter may
24 be initiated by the board of directors of a public charter school or by the
25 authorized chartering entity with chartering authority over the charter of
26 such public charter school.
27 (2) A public charter school, approved by the public charter school com-
28 mission, which has an approved primary attendance area located within more
29 than one (1) school district, may transfer the location of its public charter
30 school within its primary attendance area to locate the facilities within the
31 boundaries of another school district within the approved primary attendance
32 area if the public charter commission, the board of trustees of each of the
33 relevant school districts and the board of directors of the public charter
34 school each approve of such transfer of facilities location. If such transfer
35 of location within the primary attendance area is requested by the public
36 charter school, the public charter commission shall approve any necessary
37 revision to the charter that may be initiated by the board of directors of the
38 public charter school or by the public charter school commission.
39 (3) If all parties fail to reach agreement in regard to the request to
40 transfer a charter, as required herein, then the matter may be appealed
41 directly to the state board of education. With respect to such appeal, the
42 state board of education shall substantially follow the procedure as provided
43 in section 33-5207(5)(b), Idaho Code. A transferred charter school shall not
1 be considered a new public charter school, and shall not be subject to the
2 limitations of section 33-5203(2), Idaho Code.
STATEMENT OF PURPOSE
*The purpose of this legislation is to allow for Charter Schools
chartered by the Public Charter School Commission which has a
primary attendance zone within more than one school district to
be able to relocate to another school district within the primary
attendance zone as established in the charter.
*There is no fiscal impact to the General Fund.
Name: Rep. Darrell Bolz
STATEMENT OF PURPOSE/FISCAL NOTE H 395