TITLE 33

EDUCATION

CHAPTER 52

PUBLIC CHARTER SCHOOLS

33-5204.  NONPROFIT CORPORATION — LIABILITY — INSURANCE. (1) A public charter school shall be organized and managed pursuant to the Idaho nonprofit corporation act, chapter 30, title 30, Idaho Code. The board of directors of a public charter school shall be deemed public agents authorized to operate and control the public charter school.

(2)  For the purposes of section 59-1302(15), Idaho Code, a public charter school created pursuant to this chapter is deemed a governmental entity. Pursuant to the provisions of section 63-3622O, Idaho Code, sales to or purchases by a public charter school are exempt from payment of the sales and use tax. Pursuant to section 63-602A(1), Idaho Code, property belonging to a public charter school is exempt from taxation. Every employee and member of the board of directors of the charter holder is subject to the provisions of and shall comply with:

(a)  Sections 18-1351 through 18-1362, Idaho Code, on bribery and corrupt influence, except as provided by section 74-405, Idaho Code;

(b)  Chapters 1, 2, 4, and 5, title 74, Idaho Code; and

(c)  Professional codes and standards approved by the state board of education, including standards for ethics or conduct. In the event any code or standard pursuant to this paragraph conflicts with any other section of Idaho Code, then Idaho Code shall govern.

(3)  A public charter school may sue or be sued, may purchase, receive, hold, and convey real and personal property for school purposes, and may borrow money for such purposes to the same extent and on the same conditions as a traditional public school district, and its employees, directors, and officers shall enjoy the same immunities as employees, directors, and officers of traditional public school districts and other public schools, including those provided by chapter 9, title 6, Idaho Code. The authorizer that approves a public school charter has no liability for the acts, omissions, debts, or other obligations of a public charter school, except as may be provided in the charter. A local public school district has no liability for the acts, omissions, debts, or other obligations of a public charter school located in its district that has been approved by an authorizer other than the board of trustees of the local school district.

(4)  Nothing in this chapter prevents the charter holder from borrowing money to finance the purchase or lease of school building facilities, equipment, and furnishings. Subject to the terms of a contractual agreement between the board and a lender, nothing in this section shall prevent the charter holder from using the facility or its equipment and furnishings as collateral for the loan.

(5)  Public charter schools shall secure insurance for liability and property loss.

(6)  The receiving, soliciting, or acceptance of moneys of a public charter school for deposit in any bank or trust company or the lending of moneys by any bank or trust company to any public charter school shall not be deemed to be a contract or other transaction pertaining to the maintenance or conduct of a public charter school and authorizer within the meaning of this section; nor shall the payment of compensation by any public charter school board of directors to any bank or trust company for services rendered in the transaction of any banking business with such public charter school board of directors be deemed the payment of any reward or compensation to any officer or director of any such bank or trust company within the meaning of this section.

(7)  Each charter holder shall adopt a policy that is consistent with section 33-507, Idaho Code, regarding the hiring of family members, to avoid any nepotism in hiring and supervision. The policy shall require, among other things, a disclosure to the board of any potential nepotism in hiring and supervision. Any party with such a conflict shall not be involved in the hiring decision or supervision of a potential employee.

History:

[33-5204, added 2024, ch. 9, sec. 10, p. 65.]