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S1403aa........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law relating to public charter schools to
require submission of documentation of due diligence upon referral of a
charter school petition to the public charter school commission by a local
board of trustees; and to require attendance at a public charter school
workshop offered by the State Department of Education.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Educ
02/15 Rpt out - to 14th Ord
02/21 Rpt out amen - to engros
02/22 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Jorgenson
Floor Sponsor - Goedde
Title apvd - to House
02/27 House intro - 1st rdg - to Educ
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 60-5-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Lake, Loertscher,
Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, Patrick, Pence, Raybould, Ringo, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Smith(30), Smith(24), Thayn,
Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Durst, LeFavour, Pasley-Stuart, Ruchti, Shively
Absent and excused -- Bedke, Labrador, Roberts, Snodgrass, Stevenson
Floor Sponsor - Nielsen
Title apvd - to Senate
03/12 To enrol
03/13 Rpt enrol - Pres signed - Sp signed
03/14 To Governor
03/17 Governor signed
Session Law Chapter 157
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1403 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO 3 REQUIRE DOCUMENTATION OF DUE DILIGENCE UPON REFERRAL OF A CHARTER SCHOOL 4 PETITION TO THE PUBLIC CHARTER SCHOOL COMMISSION BY A LOCAL BOARD OF 5 TRUSTEES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of 10 persons may petition to establish a new public charter school, or to convert 11 an existing traditional public school to a public charter school. 12 (a) A petition to establish a new public charter school, including a pub- 13 lic virtual charter school, shall be signed by not fewer than thirty (30) 14 qualified electors of the attendance area designated in the petition. 15 Proof of elector qualifications shall be provided with the petition. 16 (b) A petition to establish a new public virtual school must be submitted 17 directly to the public charter school commission. A petition to establish 18 a new public charter school, other than a new public virtual school, shall 19 first be submitted to the local board of trustees in which the public 20 charter school will be located. A petition shall be considered to be 21 received by an authorized chartering entity as of the next scheduled meet- 22 ing of the authorized chartering entity after submission of the petition. 23 (c) The board of trustees may either: (i) consider the petition and 24 approve the charter; or (ii) consider the petition and deny the charter; 25 or (iii) refer the petition to the public charter school commission, but 26 such referral shall not be made until the local board has documented its 27 due diligence in considering the petition. Such documentation shall be 28 submitted with the petition to the public charter school commission. If 29 the petitioners and the local board of trustees have not reached mutual 30 agreement on the provisions of the charter, after a reasonable and good 31 faith effort, within sixty (60) days from the date the charter petition is 32 received, the petitioners may withdraw their petition from the local board 33 of trustees and may submit their charter petition to the public charter 34 school commission, provided it is signed by thirty (30) qualified electors 35 as required by subsection (1)(a) of this section. Documentation of the 36 reasonable and good faith effort between the petitioners and the local 37 board of trustees must be submitted with the petition to the public 38 charter school commission. 39 (d) The public charter school commission may either: (i) consider the 40 petition and approve the charter; or (ii) consider the petition and deny 41 the charter. 42 (e) A petition to convert an existing traditional public school shall be 43 submitted to the board of trustees of the district in which the school is 2 1 located for review and approval. The petition shall be signed by not fewer 2 than sixty percent (60%) of the teachers currently employed by the school 3 district at the school to be converted, and by one (1) or more parents or 4 guardians of not fewer than sixty percent (60%) of the students currently 5 attending the school to be converted. Each petition submitted to convert 6 an existing school or to establish a new charter school shall contain a 7 copy of the articles of incorporation and the bylaws of the nonprofit cor- 8 poration, which shall be deemed incorporated into the petition. 9 (2) Not later than sixty (60) days after receiving a petition signed by 10 thirty (30) qualified electors as required by subsection (1)(a) of this sec- 11 tion, the authorized chartering entity shall hold a public hearing for the 12 purpose of discussing the provisions of the charter, at which time the autho- 13 rized chartering entity shall consider the merits of the petition and the 14 level of employee and parental support for the petition. In the case of a 15 petition submitted to the public charter school commission, such public hear- 16 ing must be not later than sixty (60) days after receipt of the petition, 17 which may be extended to ninety (90) days if both parties agree to an exten- 18 sion, and the public hearing shall also include any oral or written comments 19 that an authorized representative of the school district in which the proposed 20 public charter school would be physically located may provide regarding the 21 merits of the petition and any potential impacts on the school district. Fol- 22 lowing review of the petition and the public hearing, the authorized charter- 23 ing entity shall either approve or deny the charter within sixty (60) days 24 after the date of the public hearing, provided however, that the date may be 25 extended by an additional sixty (60) days if the petition fails to contain all 26 of the information required in this section, or if both parties agree to the 27 extension. This public hearing shall be an opportunity for public participa- 28 tion and oral presentation by the public. This hearing is not a contested case 29 hearing as described in chapter 52, title 67, Idaho Code. 30 (3) An authorized chartering entity may approve a charter under the pro- 31 visions of this chapter only if it determines that the petition contains the 32 requisite signatures, the information required by subsection (4) of this sec- 33 tion, and additional statements describing all of the following: 34 (a) The proposed educational program of the public charter school, 35 designed among other things, to identify what it means to be an "educated 36 person" in the twenty-first century, and how learning best occurs. The 37 goals identified in the program shall include how all educational thor- 38 oughness standards as defined in section 33-1612, Idaho Code, shall be 39 fulfilled. 40 (b) The measurable student educational standards identified for use by 41 the public charter school. "Student educational standards" for the purpose 42 of this chapter means the extent to which all students of the public 43 charter school demonstrate they have attained the skills and knowledge 44 specified as goals in the school's educational program. 45 (c) The method by which student progress in meeting those student educa- 46 tional standards is to be measured. 47 (d) A provision by which students of the public charter school will be 48 tested with the same standardized tests as other Idaho public school stu- 49 dents. 50 (e) A provision which ensures that the public charter school shall be 51 state accredited as provided by rule of the state board of education. 52 (f) The governance structure of the public charter school including, but 53 not limited to, the person or entity who shall be legally accountable for 54 the operation of the public charter school, and the process to be followed 55 by the public charter school to ensure parental involvement. 3 1 (g) The qualifications to be met by individuals employed by the public 2 charter school. Instructional staff shall be certified teachers as pro- 3 vided by rule of the state board of education. 4 (h) The procedures that the public charter school will follow to ensure 5 the health and safety of students and staff. 6 (i) A plan for the requirements of section 33-205, Idaho Code, for the 7 denial of school attendance to any student who is an habitual truant, as 8 defined in section 33-206, Idaho Code, or who is incorrigible, or whose 9 conduct, in the judgment of the board of directors of the public charter 10 school, is such as to be continuously disruptive of school discipline, or 11 of the instructional effectiveness of the school, or whose presence in a 12 public charter school is detrimental to the health and safety of other 13 pupils, or who has been expelled from another school district in this 14 state or any other state. 15 (j) Admission procedures, including provision for overenrollment. Such 16 admission procedures shall provide that the initial admission procedures 17 for a new public charter school, including provision for overenrollment, 18 will be determined by lottery or other random method, except as otherwise 19 provided herein. If initial capacity is insufficient to enroll all pupils 20 who submit a timely application, then the admission procedures may provide 21 that preference shall be given in the following order: first, to children 22 of founders, provided that this admission preference shall be limited to 23 not more than ten percent (10%) of the capacity of the public charter 24 school; second, to siblings of pupils already selected by the lottery or 25 other random method; and third, an equitable selection process such as by 26 lottery or other random method. If capacity is insufficient to enroll all 27 pupils for subsequent school terms, who submit a timely application, then 28 the admission procedures may provide that preference shall be given in the 29 following order: first, to pupils returning to the public charter school 30 in the second or any subsequent year of its operation; second, to children 31 of founders, provided that this admission preference shall be limited to 32 not more than ten percent (10%) of the capacity of the public charter 33 school; third, to siblings of pupils already enrolled in the public 34 charter school; and fourth, an equitable selection process such as by lot- 35 tery or other random method. There shall be no carryover from year to year 36 of the list maintained to fill vacancies. A new lottery shall be conducted 37 each year to fill vacancies which become available. 38 (k) The manner in which an annual audit of the financial and programmatic 39 operations of the public charter school is to be conducted. 40 (l) The disciplinary procedures that the public charter school will uti- 41 lize, including the procedure by which students may be suspended, expelled 42 and reenrolled, and the procedures required by section 33-210, Idaho Code. 43 (m) A provision which ensures that all staff members of the public 44 charter school will be covered by the public employee retirement system, 45 federal social security, unemployment insurance, worker's compensation 46 insurance, and health insurance. 47 (n) The public school attendance alternative for students residing within 48 the school district who choose not to attend the public charter school. 49 (o) A description of the transfer rights of any employee choosing to work 50 in a public charter school that is approved by the board of trustees of a 51 school district, and the rights of such employees to return to any non- 52 charter school in the same school district after employment at such 53 charter school. 54 (p) A provision which ensures that the staff of the public charter school 55 shall be considered a separate unit for purposes of collective bargaining. 4 1 (q) The manner by which special education services will be provided to 2 students with disabilities who are eligible pursuant to the federal indi- 3 viduals with disabilities education act, including disciplinary procedures 4 for these students. 5 (r) A plan for working with parents who have students who are dually 6 enrolled pursuant to section 33-203, Idaho Code. 7 (s) The process by which the citizens in the area of attendance shall be 8 made aware of the enrollment opportunities of the public charter school. 9 (t) A proposal for transportation services as required by section 10 33-5208(4), Idaho Code. 11 (u) A plan for termination of the charter by the board of directors, to 12 include: 13 (i) Identification of who is responsible for dissolution of the 14 charter school; 15 (ii) A description of how payment to creditors will be handled; 16 (iii) A procedure for transferring all records of students with 17 notice to parents of how to request a transfer of student records to 18 a specific school; and 19 (iv) A plan for the disposal of the public charter school's assets. 20 (4) The petitioner shall provide information regarding the proposed oper- 21 ation and potential effects of the public charter school including, but not 22 limited to, the facilities to be utilized by the public charter school, the 23 manner in which administrative services of the public charter school are to be 24 provided and the potential civil liability effects upon the public charter 25 school and upon the authorized chartering entity.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Goedde Seconded by Jorgenson IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1403 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 32, delete "subsection (4) of this 3 sec-" and insert: "subsections (4) and (5) of this sec-"; and on page 4, fol- 4 lowing line 25, insert: 5 "(5) At least one (1) person among a group of petitioners of a prospec- 6 tive public charter school shall attend a public charter school workshop 7 offered by the state department of education. The state department of educa- 8 tion shall provide notice of dates and locations when workshops will be held, 9 and shall provide proof of attendance to workshop attendees. Such proof shall 10 be submitted by the petitioners to an authorized chartering entity along with 11 the charter petition.". 12 CORRECTION TO TITLE 13 On page 1, in line 5, following "TRUSTEES" insert: ", TO PROVIDE A CODE 14 REFERENCE, TO REQUIRE ATTENDANCE AT A PUBLIC CHARTER SCHOOL WORKSHOP OFFERED 15 BY THE STATE DEPARTMENT OF EDUCATION, TO REQUIRE SUBMISSION OF PROOF OF ATTEN- 16 DANCE AND TO PROVIDE DUTIES OF THE DEPARTMENT".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1403, As Amended BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205, IDAHO CODE, TO 3 REQUIRE DOCUMENTATION OF DUE DILIGENCE UPON REFERRAL OF A CHARTER SCHOOL 4 PETITION TO THE PUBLIC CHARTER SCHOOL COMMISSION BY A LOCAL BOARD OF 5 TRUSTEES, TO PROVIDE A CODE REFERENCE, TO REQUIRE ATTENDANCE AT A PUBLIC 6 CHARTER SCHOOL WORKSHOP OFFERED BY THE STATE DEPARTMENT OF EDUCATION, TO 7 REQUIRE SUBMISSION OF PROOF OF ATTENDANCE AND TO PROVIDE DUTIES OF THE 8 DEPARTMENT. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 33-5205, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 33-5205. PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of 13 persons may petition to establish a new public charter school, or to convert 14 an existing traditional public school to a public charter school. 15 (a) A petition to establish a new public charter school, including a pub- 16 lic virtual charter school, shall be signed by not fewer than thirty (30) 17 qualified electors of the attendance area designated in the petition. 18 Proof of elector qualifications shall be provided with the petition. 19 (b) A petition to establish a new public virtual school must be submitted 20 directly to the public charter school commission. A petition to establish 21 a new public charter school, other than a new public virtual school, shall 22 first be submitted to the local board of trustees in which the public 23 charter school will be located. A petition shall be considered to be 24 received by an authorized chartering entity as of the next scheduled meet- 25 ing of the authorized chartering entity after submission of the petition. 26 (c) The board of trustees may either: (i) consider the petition and 27 approve the charter; or (ii) consider the petition and deny the charter; 28 or (iii) refer the petition to the public charter school commission, but 29 such referral shall not be made until the local board has documented its 30 due diligence in considering the petition. Such documentation shall be 31 submitted with the petition to the public charter school commission. If 32 the petitioners and the local board of trustees have not reached mutual 33 agreement on the provisions of the charter, after a reasonable and good 34 faith effort, within sixty (60) days from the date the charter petition is 35 received, the petitioners may withdraw their petition from the local board 36 of trustees and may submit their charter petition to the public charter 37 school commission, provided it is signed by thirty (30) qualified electors 38 as required by subsection (1)(a) of this section. Documentation of the 39 reasonable and good faith effort between the petitioners and the local 40 board of trustees must be submitted with the petition to the public 41 charter school commission. 42 (d) The public charter school commission may either: (i) consider the 43 petition and approve the charter; or (ii) consider the petition and deny 2 1 the charter. 2 (e) A petition to convert an existing traditional public school shall be 3 submitted to the board of trustees of the district in which the school is 4 located for review and approval. The petition shall be signed by not fewer 5 than sixty percent (60%) of the teachers currently employed by the school 6 district at the school to be converted, and by one (1) or more parents or 7 guardians of not fewer than sixty percent (60%) of the students currently 8 attending the school to be converted. Each petition submitted to convert 9 an existing school or to establish a new charter school shall contain a 10 copy of the articles of incorporation and the bylaws of the nonprofit cor- 11 poration, which shall be deemed incorporated into the petition. 12 (2) Not later than sixty (60) days after receiving a petition signed by 13 thirty (30) qualified electors as required by subsection (1)(a) of this sec- 14 tion, the authorized chartering entity shall hold a public hearing for the 15 purpose of discussing the provisions of the charter, at which time the autho- 16 rized chartering entity shall consider the merits of the petition and the 17 level of employee and parental support for the petition. In the case of a 18 petition submitted to the public charter school commission, such public hear- 19 ing must be not later than sixty (60) days after receipt of the petition, 20 which may be extended to ninety (90) days if both parties agree to an exten- 21 sion, and the public hearing shall also include any oral or written comments 22 that an authorized representative of the school district in which the proposed 23 public charter school would be physically located may provide regarding the 24 merits of the petition and any potential impacts on the school district. Fol- 25 lowing review of the petition and the public hearing, the authorized charter- 26 ing entity shall either approve or deny the charter within sixty (60) days 27 after the date of the public hearing, provided however, that the date may be 28 extended by an additional sixty (60) days if the petition fails to contain all 29 of the information required in this section, or if both parties agree to the 30 extension. This public hearing shall be an opportunity for public participa- 31 tion and oral presentation by the public. This hearing is not a contested case 32 hearing as described in chapter 52, title 67, Idaho Code. 33 (3) An authorized chartering entity may approve a charter under the pro- 34 visions of this chapter only if it determines that the petition contains the 35 requisite signatures, the information required by subsections (4) and (5) of 36 this section, and additional statements describing all of the following: 37 (a) The proposed educational program of the public charter school, 38 designed among other things, to identify what it means to be an "educated 39 person" in the twenty-first century, and how learning best occurs. The 40 goals identified in the program shall include how all educational thor- 41 oughness standards as defined in section 33-1612, Idaho Code, shall be 42 fulfilled. 43 (b) The measurable student educational standards identified for use by 44 the public charter school. "Student educational standards" for the purpose 45 of this chapter means the extent to which all students of the public 46 charter school demonstrate they have attained the skills and knowledge 47 specified as goals in the school's educational program. 48 (c) The method by which student progress in meeting those student educa- 49 tional standards is to be measured. 50 (d) A provision by which students of the public charter school will be 51 tested with the same standardized tests as other Idaho public school stu- 52 dents. 53 (e) A provision which ensures that the public charter school shall be 54 state accredited as provided by rule of the state board of education. 55 (f) The governance structure of the public charter school including, but 3 1 not limited to, the person or entity who shall be legally accountable for 2 the operation of the public charter school, and the process to be followed 3 by the public charter school to ensure parental involvement. 4 (g) The qualifications to be met by individuals employed by the public 5 charter school. Instructional staff shall be certified teachers as pro- 6 vided by rule of the state board of education. 7 (h) The procedures that the public charter school will follow to ensure 8 the health and safety of students and staff. 9 (i) A plan for the requirements of section 33-205, Idaho Code, for the 10 denial of school attendance to any student who is an habitual truant, as 11 defined in section 33-206, Idaho Code, or who is incorrigible, or whose 12 conduct, in the judgment of the board of directors of the public charter 13 school, is such as to be continuously disruptive of school discipline, or 14 of the instructional effectiveness of the school, or whose presence in a 15 public charter school is detrimental to the health and safety of other 16 pupils, or who has been expelled from another school district in this 17 state or any other state. 18 (j) Admission procedures, including provision for overenrollment. Such 19 admission procedures shall provide that the initial admission procedures 20 for a new public charter school, including provision for overenrollment, 21 will be determined by lottery or other random method, except as otherwise 22 provided herein. If initial capacity is insufficient to enroll all pupils 23 who submit a timely application, then the admission procedures may provide 24 that preference shall be given in the following order: first, to children 25 of founders, provided that this admission preference shall be limited to 26 not more than ten percent (10%) of the capacity of the public charter 27 school; second, to siblings of pupils already selected by the lottery or 28 other random method; and third, an equitable selection process such as by 29 lottery or other random method. If capacity is insufficient to enroll all 30 pupils for subsequent school terms, who submit a timely application, then 31 the admission procedures may provide that preference shall be given in the 32 following order: first, to pupils returning to the public charter school 33 in the second or any subsequent year of its operation; second, to children 34 of founders, provided that this admission preference shall be limited to 35 not more than ten percent (10%) of the capacity of the public charter 36 school; third, to siblings of pupils already enrolled in the public 37 charter school; and fourth, an equitable selection process such as by lot- 38 tery or other random method. There shall be no carryover from year to year 39 of the list maintained to fill vacancies. A new lottery shall be conducted 40 each year to fill vacancies which become available. 41 (k) The manner in which an annual audit of the financial and programmatic 42 operations of the public charter school is to be conducted. 43 (l) The disciplinary procedures that the public charter school will uti- 44 lize, including the procedure by which students may be suspended, expelled 45 and reenrolled, and the procedures required by section 33-210, Idaho Code. 46 (m) A provision which ensures that all staff members of the public 47 charter school will be covered by the public employee retirement system, 48 federal social security, unemployment insurance, worker's compensation 49 insurance, and health insurance. 50 (n) The public school attendance alternative for students residing within 51 the school district who choose not to attend the public charter school. 52 (o) A description of the transfer rights of any employee choosing to work 53 in a public charter school that is approved by the board of trustees of a 54 school district, and the rights of such employees to return to any non- 55 charter school in the same school district after employment at such 4 1 charter school. 2 (p) A provision which ensures that the staff of the public charter school 3 shall be considered a separate unit for purposes of collective bargaining. 4 (q) The manner by which special education services will be provided to 5 students with disabilities who are eligible pursuant to the federal indi- 6 viduals with disabilities education act, including disciplinary procedures 7 for these students. 8 (r) A plan for working with parents who have students who are dually 9 enrolled pursuant to section 33-203, Idaho Code. 10 (s) The process by which the citizens in the area of attendance shall be 11 made aware of the enrollment opportunities of the public charter school. 12 (t) A proposal for transportation services as required by section 13 33-5208(4), Idaho Code. 14 (u) A plan for termination of the charter by the board of directors, to 15 include: 16 (i) Identification of who is responsible for dissolution of the 17 charter school; 18 (ii) A description of how payment to creditors will be handled; 19 (iii) A procedure for transferring all records of students with 20 notice to parents of how to request a transfer of student records to 21 a specific school; and 22 (iv) A plan for the disposal of the public charter school's assets. 23 (4) The petitioner shall provide information regarding the proposed oper- 24 ation and potential effects of the public charter school including, but not 25 limited to, the facilities to be utilized by the public charter school, the 26 manner in which administrative services of the public charter school are to be 27 provided and the potential civil liability effects upon the public charter 28 school and upon the authorized chartering entity. 29 (5) At least one (1) person among a group of petitioners of a prospective 30 public charter school shall attend a public charter school workshop offered by 31 the state department of education. The state department of education shall 32 provide notice of dates and locations when workshops will be held, and shall 33 provide proof of attendance to workshop attendees. Such proof shall be submit- 34 ted by the petitioners to an authorized chartering entity along with the 35 charter petition.
STATEMENT OF PURPOSE
RS 17794
This legislation requires local school districts, when presented
a petition for a charter school, to exercise due diligence in
consideration of said petition and to forward evidence of that
due diligence to the Public Charter School Commission if they
chose to forward the petition to that body.
FISCAL NOTE
None
Contact
Name: Senator John Goedde
Phone: 332-1322
STATEMENT OF PURPOSE/FISCAL NOTE S 1403