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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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 thestate board of educationgover- 14 nor, pursuant to section33-10567-802, Idaho Code.It shall be the responsi-15bility and duty of the executive director of the state board of education act-16ing at the direction of the commission to administer and enforce the provi-17sions of this chapter, and the director or his designee, shall serve as secre-18tary 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 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