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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
EDUCATION
CHAPTER 52
PUBLIC CHARTER SCHOOLS
33-5207A. PUBLIC CHARTER SCHOOL EARNED AUTONOMY. (1) Notwithstanding any provision of law to the contrary, a public charter school that is not a virtual school, as defined in section 33-5202A, Idaho Code, and that satisfies the requirements set forth in section 33-5218(2)(b), (e), and (g), Idaho Code, may spend its allocated state funding, including but not limited to discretionary funds, categorical funds, and salary apportionment, in the manner it deems best serves students and the public charter school. Participation shall not require a revision to the public charter school’s charter or performance certificate.
(2) Participating public charter schools shall be exempt from reporting requirements established in statute or through rulemaking authority that are not federally mandated or required for public school finance purposes. This exemption includes but is not limited to reporting requirements established pursuant to sections 33-119, 33-135, 33-1002B, 33-1004E, 33-1028(1)(f) and (2), 33-1405, 33-1632, 33-1805, 33-1811, 33-2004, and 33-4805, Idaho Code, without incurring a penalty or a reduction in funding.
(3) Participating public charter schools shall automatically maintain spending flexibility from year to year, except that the state department of education may revoke eligibility if:
(a) The school fails to receive an annual unmodified audit opinion or if the auditor’s report on internal controls reports one (1) or more material weaknesses or significant deficiencies;
(b) The school fails to satisfy the academic requirements set forth in section 33-5218(2)(g), Idaho Code, for two (2) or more years; or
(c) The school’s charter is subsequently revoked, not renewed, or renewed with conditions.
(4) In 2029, the state board of education shall report to the legislature the number of participating public charter schools and changes, if any, in student growth or proficiency on the Idaho standards achievement test.
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