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HOUSE BILL NO. 395

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Bill Status

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H0395..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law relating to public charter schools to
provide for relocation of public charter school facilities to another
school district if the approved primary attendance area of the public
charter school is located within more than one school district.

01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Educ

Bill Text

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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 395

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5205A, IDAHO CODE,  TO
  3        PROVIDE  FOR  RELOCATION  OF  PUBLIC  CHARTER SCHOOL FACILITIES TO ANOTHER
  4        SCHOOL DISTRICT IF THE APPROVED PRIMARY  ATTENDANCE  AREA  OF  THE  PUBLIC
  5        CHARTER SCHOOL IS LOCATED WITHIN MORE THAN ONE SCHOOL DISTRICT AND TO MAKE
  6        TECHNICAL CHANGES.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION  1.  That Section 33-5205A, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        33-5205A.  TRANSFER OF CHARTER. (1)  A charter for a public charter school
 11    approved by the board of trustees of a local school  district  may  be  trans-
 12    ferred  to,  and  placed under the chartering authority of, the public charter
 13    school commission if the board of trustees of such local school district,  the
 14    public  charter  school  commission,  and the board of directors of the public
 15    charter school all agree to such  transfer,  including  any  revision  to  the
 16    charter that may be required in connection with such transfer. A charter for a
 17    public  charter school approved by the public charter school commission may be
 18    transferred to, and placed under the chartering authority  of,  the  board  of
 19    trustees  of  the  local school district in which the public charter school is
 20    located if the public charter school commission, the board of trustees of such
 21    local school district, and the board of directors of the public charter school
 22    all agree to such transfer, including any revisions to the charter that may be
 23    required in connection with such transfer. A request to transfer a charter may
 24    be initiated by the board of directors of a public charter school  or  by  the
 25    authorized  chartering  entity  with  chartering authority over the charter of
 26    such public charter school.
 27        (2)  A public charter school, approved by the public charter  school  com-
 28    mission,  which  has  an  approved primary attendance area located within more
 29    than one (1) school district, may transfer the location of its public  charter
 30    school  within its primary attendance area to locate the facilities within the
 31    boundaries of another school district within the approved  primary  attendance
 32    area  if  the  public charter commission, the board of trustees of each of the
 33    relevant school districts and the board of directors  of  the  public  charter
 34    school  each approve of such transfer of facilities location. If such transfer
 35    of location within the primary attendance area  is  requested  by  the  public
 36    charter  school,  the  public  charter  commission shall approve any necessary
 37    revision to the charter that may be initiated by the board of directors of the
 38    public charter school or by the public charter school commission.
 39        (3)  If all parties fail to reach agreement in regard to  the  request  to
 40    transfer  a  charter,  as  required  herein,  then  the matter may be appealed
 41    directly to the state board of education. With respect  to  such  appeal,  the
 42    state  board of education shall substantially follow the procedure as provided
 43    in section 33-5207(5)(b), Idaho Code. A transferred charter school  shall  not

                                       2

  1    be  considered  a  new  public charter school, and shall not be subject to the
  2    limitations of section 33-5203(2), Idaho Code.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 17585

*The purpose of this legislation is to allow for Charter Schools
chartered by the Public Charter School Commission which has a
primary attendance zone within more than one school district to
be able to relocate to another school district within the primary
attendance zone as established in the charter.


                          FISCAL IMPACT

*There is no fiscal impact to the General Fund.



Contact
Name: Rep. Darrell Bolz 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 395