2008 Legislation
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SENATE BILL NO. 1294<br /> – Charter school comm, Office of Gov

SENATE BILL NO. 1294

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Bill Status



S1294..........................................................by SCHROEDER
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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1294

                                        BY SCHROEDER

  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.

                                       2

  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 / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17625

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
resides. 


                           FISCAL NOTE

The office is currently funded for $148,000.




Contact
Name: Senator Gary Schroeder 
Phone: 208-332-1324
Rep. Tom Trail
Phone: 208-332-1184


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1294