TITLE 33

EDUCATION

CHAPTER 52

PUBLIC CHARTER SCHOOLS

33-5205B.  PERFORMANCE-BASED ACCOUNTABILITY. (1) Within seventy-five (75) days of approval of a charter application, the authorizer and the charter holder shall negotiate and execute a performance certificate that clearly sets forth the agreed-upon academic and operational performance expectations and measures, consistent with those outlined by the public charter school in its application. The performance expectations and measures set forth in the performance certificate shall include:

(a)  Student academic proficiency;

(b)  Student academic growth;

(c)  College and career readiness (for high schools);

(d)  The actual and potential at-risk and economically disadvantaged makeup of the student body population as defined in section 33-1001, Idaho Code, for all grade levels; and

(e)  Board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the performance certificate.

(2)  The performance certificate shall be signed by the designated representatives of the authorizer’s governing board and the charter holder.

(3)  No public charter school may commence operations without an executed performance certificate.

(4)  An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data, and may conduct prearranged site visits, if needed, to support ongoing evaluation according to the performance certificate. Every authorizer shall have the authority to conduct oversight activities that enable the authorizer to fulfill its responsibilities, including conducting appropriate inquiries and investigations, as long as those activities are consistent with the intent of this chapter and do not unduly inhibit the autonomy granted to public charter schools. If an authorizer has reason to believe that a charter holder or public charter school has violated any provision of law, it shall notify the charter holder and the entity responsible for administering said law of the possible violation.

(5)  A charter holder or the authorizer may enter into negotiations to revise a charter or performance certificate at any time. If a charter holder applies to revise its charter or performance certificate, the authorizer’s review of the application shall be limited in scope solely to the proposed revisions.

(6)  The charter holder shall be responsible for promptly notifying the authorizer of the following with appropriate documentation:

(a)  If the charter holder becomes aware that the school is not operating in substantial compliance with the terms and conditions of its performance certificate;

(b)  If any revisions or amendments are made to the articles of incorporation or bylaws;

(c)  If the school’s accrediting body finds that the school has failed to meet or maintain full accreditation requirements;

(d)  If any complaints are filed against the school, including but not limited to lawsuits and complaints filed with the Idaho professional standards commission relating to school employees;

(e)  If there are changes to any school board members or their contact information; or

(f)  If there are any early warning signs of distress as outlined in the performance certificate, including any excessive reductions in enrollment of all students or at-risk students, excessive staff turnover, or excessive governance board turnover of the charter holder in any school year or between school years.

History:

[33-5205B, added 2024, ch. 9, sec. 17, p. 69.]