Print Friendly HOUSE BILL NO. 423
– Public virtual school, establish
HOUSE BILL NO. 423
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PUBLIC VIRTUAL SCHOOLS - Amends existing law relating to public virtual
schools to define a term; and to provide for additional statements required
in a petition to establish a public virtual school.
01/25 House intro - 1st rdg - to printing
01/28 Rpt prt - to Educ
02/08 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 65-1-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo(Cooke),
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Trail
Absent and excused -- Black, Boe, Nielsen, Stevenson
Floor Sponsor - Shirley
Title apvd - to Senate
02/15 Senate intro - 1st rdg - to Educ
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Gannon, Siddoway
Floor Sponsor - Bastian
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 105
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 423
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO VIRTUAL SCHOOLS; AMENDING SECTION 33-5202A, IDAHO CODE, TO REMOVE
3 A DEFINITION AND TO DEFINE A TERM; AND AMENDING SECTION 33-5205, IDAHO
4 CODE, TO PROVIDE FOR ADDITIONAL STATEMENTS REQUIRED IN A PETITION TO
5 ESTABLISH A PUBLIC VIRTUAL SCHOOL.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-5202A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-5202A. DEFINITIONS. As used in this chapter, unless the context
10 requires otherwise:
11 (1) "Authorized chartering entity" means either the local board of
12 trustees of a school district in this state, or the public charter school com-
13 mission pursuant to the provisions of this chapter.
14 (2) "Charter" means the grant of authority approved by the authorized
15 chartering entity to the board of directors of the public charter school.
16 (3) "Founder" means a person, including employees or staff of a public
17 charter school, who makes a material contribution toward the establishment of
18 a public charter school in accordance with criteria determined by the board of
19 directors of the public charter school, and who is designated as such at the
20 time the board of directors acknowledges and accepts such contribution. The
21 criteria for determining when a person is a founder shall not discriminate
22 against any person on any basis prohibited by the federal or state
23 constitutions or any federal, state or local law. The designation of a person
24 as a founder, and the admission preferences available to the children of a
25 founder, shall not constitute pecuniary benefits.
26 (4) "Petition" means the document submitted by a person or persons to the
27 authorized chartering entity to request the creation of a public charter
29 (5) "Professional-technical regional public charter school" means a pub-
30 lic charter secondary school authorized under this chapter to provide programs
31 in professional-technical education which meet the standards and qualifica-
32 tions established by the division of professional-technical education. A
33 professional-technical regional public charter school may be approved by an
34 authorized chartering entity and by the terms of its charter, shall operate in
35 association with at least two (2) school districts. Notwithstanding the provi-
36 sions of section 33-5206(1), Idaho Code, participating school districts need
37 not be contiguous.
38 (6) "Public charter school" means a school that is authorized under this
39 chapter to deliver public education in Idaho.
40 (7) "Public virtual school" means a public charter school that may serve
41 students in more than one (1) school district and through which the primary
42 method for the delivery of instruction to all of its pupils is through virtual
43 distance learning or online technologies.
1 (8) "Traditional public school" means any school existing or to be built
2 that is operated and controlled by a school district in this state.
3 (8) "Virtual school" means a school that delivers a full-time, sequential
4 program of synchronous and/or asynchronous instruction primarily through the
5 use of technology via the internet in a distributed environment. Schools clas-
6 sified as virtual must have an online component to their school with online
7 lessons and tools for student and data management.
8 SECTION 2. That Section 33-5205, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of
11 persons may petition to establish a new public charter school, or to convert
12 an existing traditional public school to a public charter school.
13 (a) A petition to establish a new public charter school, including a pub-
14 lic virtual charter school, shall be signed by not fewer than thirty (30)
15 qualified electors of the attendance area designated in the petition.
16 Proof of elector qualifications shall be provided with the petition.
17 (b) A petition to establish a new public virtual school must be submitted
18 directly to the public charter school commission. A petition to establish
19 a new public charter school, other than a new public virtual school, shall
20 first be submitted to the local board of trustees in which the public
21 charter school will be located. A petition shall be considered to be
22 received by an authorized chartering entity as of the next scheduled meet-
23 ing of the authorized chartering entity after submission of the petition.
24 (c) The board of trustees may either: (i) consider the petition and
25 approve the charter; or (ii) consider the petition and deny the charter;
26 or (iii) refer the petition to the public charter school commission. If
27 the petitioners and the local board of trustees have not reached mutual
28 agreement on the provisions of the charter, after a reasonable and good
29 faith effort, within sixty (60) days from the date the charter petition is
30 received, the petitioners may withdraw their petition from the local board
31 of trustees and may submit their charter petition to the public charter
32 school commission, provided it is signed by thirty (30) qualified electors
33 as required by subsection (1)(a) of this section. Documentation of the
34 reasonable and good faith effort between the petitioners and the local
35 board of trustees must be submitted with the petition to the public
36 charter school commission.
37 (d) The public charter school commission may either: (i) consider the
38 petition and approve the charter; or (ii) consider the petition and deny
39 the charter.
40 (e) A petition to convert an existing traditional public school shall be
41 submitted to the board of trustees of the district in which the school is
42 located for review and approval. The petition shall be signed by not fewer
43 than sixty percent (60%) of the teachers currently employed by the school
44 district at the school to be converted, and by one (1) or more parents or
45 guardians of not fewer than sixty percent (60%) of the students currently
46 attending the school to be converted. Each petition submitted to convert
47 an existing school or to establish a new charter school shall contain a
48 copy of the articles of incorporation and the bylaws of the nonprofit cor-
49 poration, which shall be deemed incorporated into the petition.
50 (2) Not later than sixty (60) days after receiving a petition signed by
51 thirty (30) qualified electors as required by subsection (1)(a) of this sec-
52 tion, the authorized chartering entity shall hold a public hearing for the
53 purpose of discussing the provisions of the charter, at which time the autho-
1 rized chartering entity shall consider the merits of the petition and the
2 level of employee and parental support for the petition. In the case of a
3 petition submitted to the public charter school commission, such public hear-
4 ing must be not later than sixty (60) days after receipt of the petition,
5 which may be extended to ninety (90) days if both parties agree to an exten-
6 sion, and the public hearing shall also include any oral or written comments
7 that an authorized representative of the school district in which the proposed
8 public charter school would be physically located may provide regarding the
9 merits of the petition and any potential impacts on the school district. Fol-
10 lowing review of the petition and the public hearing, the authorized charter-
11 ing entity shall either approve or deny the charter within sixty (60) days
12 after the date of the public hearing, provided however, that the date may be
13 extended by an additional sixty (60) days if the petition fails to contain all
14 of the information required in this section, or if both parties agree to the
15 extension. This public hearing shall be an opportunity for public participa-
16 tion and oral presentation by the public. This hearing is not a contested case
17 hearing as described in chapter 52, title 67, Idaho Code.
18 (3) An authorized chartering entity may approve a charter under the pro-
19 visions of this chapter only if it determines that the petition contains the
20 requisite signatures, the information required by subsection (4) of this sec-
21 tion, and additional statements describing all of the following:
22 (a) The proposed educational program of the public charter school,
23 designed among other things, to identify what it means to be an "educated
24 person" in the twenty-first century, and how learning best occurs. The
25 goals identified in the program shall include how all educational thor-
26 oughness standards as defined in section 33-1612, Idaho Code, shall be
28 (b) The measurable student educational standards identified for use by
29 the public charter school. "Student educational standards" for the purpose
30 of this chapter means the extent to which all students of the public
31 charter school demonstrate they have attained the skills and knowledge
32 specified as goals in the school's educational program.
33 (c) The method by which student progress in meeting those student educa-
34 tional standards is to be measured.
35 (d) A provision by which students of the public charter school will be
36 tested with the same standardized tests as other Idaho public school stu-
38 (e) A provision which ensures that the public charter school shall be
39 state accredited as provided by rule of the state board of education.
40 (f) The governance structure of the public charter school including, but
41 not limited to, the person or entity who shall be legally accountable for
42 the operation of the public charter school, and the process to be followed
43 by the public charter school to ensure parental involvement.
44 (g) The qualifications to be met by individuals employed by the public
45 charter school. Instructional staff shall be certified teachers as pro-
46 vided by rule of the state board of education.
47 (h) The procedures that the public charter school will follow to ensure
48 the health and safety of students and staff.
49 (i) A plan for the requirements of section 33-205, Idaho Code, for the
50 denial of school attendance to any student who is an habitual truant, as
51 defined in section 33-206, Idaho Code, or who is incorrigible, or whose
52 conduct, in the judgment of the board of directors of the public charter
53 school, is such as to be continuously disruptive of school discipline, or
54 of the instructional effectiveness of the school, or whose presence in a
55 public charter school is detrimental to the health and safety of other
1 pupils, or who has been expelled from another school district in this
2 state or any other state.
3 (j) Admission procedures, including provision for overenrollment. Such
4 admission procedures shall provide that the initial admission procedures
5 for a new public charter school, including provision for overenrollment,
6 will be determined by lottery or other random method, except as otherwise
7 provided herein. If initial capacity is insufficient to enroll all pupils
8 who submit a timely application, then the admission procedures may provide
9 that preference shall be given in the following order: first, to children
10 of founders, provided that this admission preference shall be limited to
11 not more than ten percent (10%) of the capacity of the public charter
12 school; second, to siblings of pupils already selected by the lottery or
13 other random method; and third, an equitable selection process such as by
14 lottery or other random method. If capacity is insufficient to enroll all
15 pupils for subsequent school terms, who submit a timely application, then
16 the admission procedures may provide that preference shall be given in the
17 following order: first, to pupils returning to the public charter school
18 in the second or any subsequent year of its operation; second, to children
19 of founders, provided that this admission preference shall be limited to
20 not more than ten percent (10%) of the capacity of the public charter
21 school; third, to siblings of pupils already enrolled in the public
22 charter school; and fourth, an equitable selection process such as by lot-
23 tery or other random method. There shall be no carryover from year to year
24 of the list maintained to fill vacancies. A new lottery shall be conducted
25 each year to fill vacancies which become available.
26 (k) The manner in which an annual audit of the financial and programmatic
27 operations of the public charter school is to be conducted.
28 (l) The disciplinary procedures that the public charter school will uti-
29 lize, including the procedure by which students may be suspended, expelled
30 and reenrolled, and the procedures required by section 33-210, Idaho Code.
31 (m) A provision which ensures that all staff members of the public
32 charter school will be covered by the public employee retirement system,
33 federal social security, unemployment insurance, worker's compensation
34 insurance, and health insurance.
35 (n) The public school attendance alternative for students residing within
36 the school district who choose not to attend the public charter school.
37 (o) A description of the transfer rights of any employee choosing to work
38 in a public charter school that is approved by the board of trustees of a
39 school district, and the rights of such employees to return to any non-
40 charter school in the same school district after employment at such
41 charter school.
42 (p) A provision which ensures that the staff of the public charter school
43 shall be considered a separate unit for purposes of collective bargaining.
44 (q) The manner by which special education services will be provided to
45 students with disabilities who are eligible pursuant to the federal indi-
46 viduals with disabilities education act, including disciplinary procedures
47 for these students.
48 (r) A plan for working with parents who have students who are dually
49 enrolled pursuant to section 33-203, Idaho Code.
50 (s) The process by which the citizens in the area of attendance shall be
51 made aware of the enrollment opportunities of the public charter school.
52 (t) A proposal for transportation services as required by section
53 33-5208(4), Idaho Code.
54 (u) A plan for termination of the charter by the board of directors, to
1 (i) Identification of who is responsible for dissolution of the
2 charter school;
3 (ii) A description of how payment to creditors will be handled;
4 (iii) A procedure for transferring all records of students with
5 notice to parents of how to request a transfer of student records to
6 a specific school; and
7 (iv) A plan for the disposal of the public charter school's assets.
8 (4) The petitioner shall provide information regarding the proposed oper-
9 ation and potential effects of the public charter school including, but not
10 limited to, the facilities to be utilized by the public charter school, the
11 manner in which administrative services of the public charter school are to be
12 provided and the potential civil liability effects upon the public charter
13 school and upon the authorized chartering entity.
14 (5) The public charter school commission may approve a charter for a pub-
15 lic virtual school under the provisions of this chapter only if it determines
16 that the petition contains the requirements of subsections (3) and (4) of this
17 section and the additional statements describing the following:
18 (a) The learning management system by which courses will be delivered;
19 (b) The role of the online teacher, including the consistent availability
20 of the teacher to provide guidance around course material, methods of
21 individualized learning in the online course and the means by which stu-
22 dent work will be assessed;
23 (c) A plan for the provision of professional development specific to the
24 public virtual school environment;
25 (d) The means by which public virtual school students will receive appro-
26 priate teacher-to-student interaction, including timely, frequent feedback
27 about student progress;
28 (e) The means by which the public virtual school will verify student
29 attendance and award course credit. Attendance at public virtual schools
30 shall focus primarily on coursework and activities that are correlated to
31 the Idaho state thoroughness standards;
32 (f) A plan for the provision of technical support relevant to the deliv-
33 ery of online courses;
34 (g) The means by which the public virtual school will provide opportunity
35 for student-to-student interaction; and
36 (h) A plan for ensuring equal access to all students, including the pro-
37 vision of necessary hardware, software and internet connectivity required
38 for participation in online coursework.
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STATEMENT OF PURPOSE
The Office of Performance Evaluations (OPE) recommended that the
legislature clarify the definition of a public virtual school as
found in Section 33-5202A(8), Idaho Code. This new definition will
provide more specific information for new virtual schools to
include in their petitions and establish a clearer criteria for use
in determining which of Idaho's existing schools may be considered
public virtual schools.
There will be no fiscal impact to the state budget as a result of
Name: Tamara Baysinger
Agency: Office of the State Board of Education
STATEMENT OF PURPOSE/FISCAL NOTE H 423