Print Friendly SENATE BILL NO. 1294
– Charter school comm, Office of Gov
SENATE BILL NO. 1294
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CHARTER SCHOOLS - Amends existing law to revise the location of the
independent public charter school commission within the executive branch of
the government; and to remove provisions requiring the executive director
of the State Board of Education to administer and enforce chapter
provisions and serve as secretary to the commission.
01/18 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1294
1 AN ACT
2 RELATING TO THE PUBLIC CHARTER SCHOOL COMMISSION; AMENDING SECTION 33-5213,
3 IDAHO CODE, TO REVISE THE LOCATION OF THE INDEPENDENT PUBLIC CHARTER
4 SCHOOL COMMISSION WITHIN THE EXECUTIVE BRANCH OF GOVERNMENT, TO REVISE A
5 CODE REFERENCE AND TO REMOVE THE PROVISION REQUIRING THE EXECUTIVE DIREC-
6 TOR OF THE STATE BOARD OF EDUCATION TO ADMINISTER AND ENFORCE CHAPTER PRO-
7 VISIONS AND TO SERVE AS SECRETARY TO THE COMMISSION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-5213, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-5213. PUBLIC CHARTER SCHOOL COMMISSION. (1) There is hereby created an
12 independent public charter school commission, referred to hereinafter as the
13 commission, to be located in the office of the state board of education gover-
14 nor, pursuant to section 33-105 67-802, Idaho Code. It shall be the responsi-
15 bility and duty of the executive director of the state board of education act-
16 ing at the direction of the commission to administer and enforce the provi-
17 sions of this chapter, and the director or his designee, shall serve as secre-
18 tary to the commission.
19 (2) The public charter school commission shall adopt rules, subject to
20 law, regarding the governance and administration of the commission.
21 (3) The commission shall be composed of seven (7) members:
22 (a) Three (3) members shall be current or former members of boards of
23 directors of Idaho public charter schools, and shall be appointed by the
24 governor, subject to the advice and consent of the senate; provided how-
25 ever, that no current board member of a public charter school authorized
26 by the commission shall be eligible for appointment;
27 (b) Three (3) members shall be current or former trustees of an Idaho
28 school district, and shall be appointed by the governor, subject to the
29 advice and consent of the senate; and
30 (c) One (1) member shall be a member of the public at large not directly
31 associated with the Idaho public education system, and shall be appointed
32 by the governor, subject to the advice and consent of the senate.
33 For the purpose of establishing staggered terms of office, the initial term of
34 office for three (3) commission members shall be four (4) years and thereafter
35 shall be four (4) years; the initial term of office for two (2) members shall
36 be three (3) years and thereafter shall be four (4) years; and the initial
37 term of office for two (2) members shall be two (2) years and thereafter shall
38 be four (4) years. In making such appointments, the governor shall consider
39 regional balance. Members of the commission shall hold office until the expi-
40 ration of the term to which the member was appointed and until a successor has
41 been duly appointed, unless sooner removed for cause by the appointing author-
42 ity. Whenever a vacancy occurs, the appointing authority shall appoint a qual-
43 ified person to fill the vacancy for the unexpired portion of the term.
1 (4) All members of the commission shall be citizens of the United States
2 and residents of the state of Idaho for not less than two (2) years.
3 (5) The members of the commission shall, at their first regular meeting
4 following the effective date of this act, and every two (2) years thereafter,
5 elect, by a majority vote of the members of the commission, a chairman and a
6 vice-chairman. The chairman shall preside at meetings of the commission, and
7 the vice-chairman shall preside at such meetings in the absence of the chair-
8 man. A majority of the members of the commission shall constitute a quorum.
9 The commission shall meet at such times and places as determined to be neces-
10 sary and convenient, or at the call of the chair.
11 (6) Each member of the commission not otherwise compensated by public
12 moneys shall be compensated as provided in section 59-509(h), Idaho Code.
STATEMENT OF PURPOSE
The purpose of this legislation is to provide that the location
of the Independent Public Charter School Commission shall be
located in the Governor's Office. This will remove the conflict
that arises when Commission decisions are appealed to the State
Board of Education, the same Board where the Commission now
The office is currently funded for $148,000.
Name: Senator Gary Schroeder
Rep. Tom Trail
STATEMENT OF PURPOSE/FISCAL NOTE S 1294