PUBLIC CHARTER SCHOOLS
33-5205B. performance certificates. (1) Within seventy-five (75) days of approval of a charter application, the authorized chartering entity and the governing board of the approved public charter school shall execute a performance certificate that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged and the administrative relationship between the authorized chartering entity and public charter school, including each party’s rights and duties. The performance expectations and measures set forth in the performance certificate shall include but need not be limited to applicable federal and state accountability requirements, and shall take into consideration the actual and potential at-risk makeup of the student body population defined by the criteria set forth in section 33-1001(3)(a) and (b), Idaho Code, for all grade levels and economically disadvantaged students. The performance provisions may be refined or amended by mutual agreement after the public charter school is operating and has collected baseline achievement data for its enrolled students. A virtual school shall be deemed financially sufficient if there is an agreement that requires an education service provider to assume the virtual school’s financial risk when it does not have sufficient residual funds to pay the education service provider. Where this subsection is applicable, the education service provider shall make its audited financial statements available unless the education service provider already makes such audited financial statements publicly available for compliance with other federal or state laws.
(2) The performance certificate shall be signed by the president of the authorized chartering entity’s governing board and the president of the public charter school’s governing body. Within fourteen (14) days of executing a performance certificate, the authorized chartering entity shall submit to the state board of education written notification of the performance certificate execution, including a copy of the performance certificate.
(3) No public charter school may commence operations without a performance certificate executed in accordance with this provision and approved in an open meeting of the authorized chartering entity’s governing board.
(4) All public charter schools approved prior to July 1, 2013, shall execute performance certificates with their authorizers no later than July 1, 2014. Such certificates shall ensure that each public charter school approved prior to July 1, 2014, is evaluated for renewal or nonrenewal between March 1, 2016, and March 1, 2019.
[33-5205B, added 2013, ch. 343, sec. 6, p. 917; am. 2023, ch. 268, sec. 4, p. 803.]