2008 Legislation
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SENATE BILL NO. 1403<br /> – Charter school petitn/due diligence

SENATE BILL NO. 1403

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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

Bill Text




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

                                                                       

                                       IN 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.

Amendment




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

                                                                       

                                                  Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




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

                                                                       

                                       IN 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 / Fiscal Impact



                       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