2005 Idaho Code - 33-5203 — AUTHORIZATION -- LIMITATIONS

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 52
                            PUBLIC CHARTER SCHOOLS
    33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
schools is hereby authorized. Public charter schools shall be part of the
state's program of public education.
    (2)  The number of new public charter schools which may begin educational
instruction in any one (1) school year shall be limited in number in
accordance with the following:
    (a)  Not more than six (6) new public charter schools may begin
    educational instruction in any one (1) school year, and
    (b)  Not more than one (1) new public charter school may begin educational
    instruction that is physically located within any one (1) school district
    in any one (1) school year, and
    (c)  No whole school district may be converted to a charter district or
    any configuration which includes all schools as public charter schools,
    and
    (d)  Public virtual charter schools approved by the public charter school
    commission are not included in paragraph (b) of this subsection, and
    (e)  The transfer of a charter for a school already authorized pursuant to
    section 33-5205A, Idaho Code, is not included in the limit on the annual
    number of public charter schools approved to begin educational instruction
    in any given school year as set forth in paragraph (a) of this subsection,
    and
    (f)  A petition must be received by the initial authorized chartering
    entity no later than September 1 to be eligible to begin instruction the
    first complete school year following receipt of the petition, and
    (g)  To begin operations, a newly-chartered public school must be
    authorized by no later than January 1 of the previous school year.
    (3)  A public charter school may be formed either by creating a new public
charter school, which charter may be approved by any authorized chartering
entity, or by converting an existing traditional public school to a public
charter school, which charter may only be approved by the board of trustees of
the school district in which the existing public school is located.
    (4)  No charter shall be approved under this chapter:
    (a)  Which provides for the conversion of any existing private or
    parochial school to a public charter school.
    (b)  To a for-profit entity or any school which is operated by a
    for-profit entity, provided however, nothing herein shall prevent the
    board of directors of a public charter school from legally contracting
    with for-profit entities for the provision of products or services that
    aid in the operation of the school.
    (c)  By the board of trustees of a school district if the public charter
    school's physical location is outside the boundaries of the authorizing
    school district. The limitation provided in this subsection (4)(c) does
    not apply to a home-based public virtual school.
    (5)  A public virtual school charter may be approved by the public charter
school commission. In addition, a charter may also be approved by the state
board of education pursuant to section 33-5207(5)(b), Idaho Code.
    (6)  The state board of education shall adopt rules, subject to law, to
establish a consistent application and review process for the approval and
maintenance of all public charter schools.
    (7)  The state board of education shall be responsible to designate those
public charter schools that will be identified as a local education agency
(LEA) as such term is defined in 34 CFR 300.18; however, only public charter
schools chartered by the board of trustees of a school district may be
included in that district's LEA.