2005 Idaho Code - 33-5205 — PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 52
                            PUBLIC CHARTER SCHOOLS
    33-5205.  PETITION TO ESTABLISH PUBLIC CHARTER SCHOOL. (1) Any group of
persons may petition to establish a new public charter school, or to convert
an existing traditional public school to a public charter school.
    (a)  A petition to establish a new public charter school, including a
    public virtual charter school, shall be signed by not fewer than thirty
    (30) qualified electors of the attendance area designated in the petition.
    Proof of elector qualifications shall be provided with the petition.
    (b)  A petition to establish a new public virtual school must be submitted
    directly to the public charter school commission. A petition to establish
    a new public charter school, other than a new public virtual school, shall
    first be submitted to the local board of trustees in which the public
    charter school will be located. A petition shall be considered to be
    received by an authorized chartering entity as of the next scheduled
    meeting of the authorized chartering entity after submission of the
    petition.
    (c)  The board of trustees may either: (i) consider the petition and
    approve the charter; or (ii) consider the petition and deny the charter;
    or (iii) refer the petition to the public charter school commission. If
    the petitioners and the local board of trustees have not reached mutual
    agreement on the provisions of the charter, after a reasonable and good
    faith effort, within sixty (60) days from the date the charter petition is
    received, the petitioners may withdraw their petition from the local board
    of trustees and may submit their charter petition to the public charter
    school commission, provided it is signed by thirty (30) qualified electors
    as required by subsection (1)(a) of this section. Documentation of the
    reasonable and good faith effort between the petitioners and the local
    board of trustees must be submitted with the petition to the public
    charter school commission.
    (d)  The public charter school commission may either: (i) consider the
    petition and approve the charter; or (ii) consider the petition and deny
    the charter.
    (e)  A petition to convert an existing traditional public school shall be
    submitted to the board of trustees of the district in which the school is
    located for review and approval. The petition shall be signed by not fewer
    than sixty percent (60%) of the teachers currently employed by the school
    district at the school to be converted, and by one (1) or more parents or
    guardians of not fewer than sixty percent (60%) of the students currently
    attending the school to be converted. Each petition submitted to convert
    an existing school or to establish a new charter school shall contain a
    copy of the articles of incorporation and the bylaws of the nonprofit
    corporation, which shall be deemed incorporated into the petition.
    (2)  Not later than sixty (60) days after receiving a petition signed by
thirty (30) qualified electors as required by subsection (1)(a) of this
section, the authorized chartering entity shall hold a public hearing for the
purpose of discussing the provisions of the charter, at which time the
authorized chartering entity shall consider the merits of the petition and the
level of employee and parental support for the petition. In the case of a
petition submitted to the public charter school commission, such public
hearing must be not later than sixty (60) days after receipt of the petition,
which may be extended to ninety (90) days if both parties agree to an
extension, and the public hearing shall also include any oral or written
comments that an authorized representative of the school district in which the
proposed public charter school would be physically located may provide
regarding the merits of the petition and any potential impacts on the school
district. Following review of the petition and the public hearing, the
authorized chartering entity shall either approve or deny the charter within
sixty (60) days after the date of the public hearing, provided however, that
the date may be extended by an additional sixty (60) days if the petition
fails to contain all of the information required in this section, or if both
parties agree to the extension. This public hearing shall be an opportunity
for public participation and oral presentation by the public. This hearing is
not a contested case hearing as described in chapter 52, title 67, Idaho Code.
    (3)  An authorized chartering entity may approve a charter under the
provisions of this chapter only if it determines that the petition contains
the requisite signatures, the information required by subsection (4) of this
section, and additional statements describing all of the following:
    (a)  The proposed educational program of the public charter school,
    designed among other things, to identify what it means to be an "educated
    person" in the twenty-first century, and how learning best occurs. The
    goals identified in the program shall include how all educational
    thoroughness standards as defined in section 33-1612, Idaho Code, shall be
    fulfilled.
    (b)  The measurable student educational standards identified for use by
    the public charter school. "Student educational standards" for the purpose
    of this chapter means the extent to which all students of the public
    charter school demonstrate they have attained the skills and knowledge
    specified as goals in the school's educational program.
    (c)  The method by which student progress in meeting those student
    educational standards is to be measured.
    (d)  A provision by which students of the public charter school will be
    tested with the same standardized tests as other Idaho public school
    students.
    (e)  A provision which ensures that the public charter school shall be
    state accredited as provided by rule of the state board of education.
    (f)  The governance structure of the public charter school including, but
    not limited to, the person or entity who shall be legally accountable for
    the operation of the public charter school, and the process to be followed
    by the public charter school to ensure parental involvement.
    (g)  The qualifications to be met by individuals employed by the public
    charter school. Instructional staff shall be certified teachers as
    provided by rule of the state board of education.
    (h)  The procedures that the public charter school will follow to ensure
    the health and safety of students and staff.
    (i)  A plan for the requirements of section 33-205, Idaho Code, for the
    denial of school attendance to any student who is an habitual truant, as
    defined in section 33-206, Idaho Code, or who is incorrigible, or whose
    conduct, in the judgment of the board of directors of the public charter
    school, is such as to be continuously disruptive of school discipline, or
    of the instructional effectiveness of the school, or whose presence in a
    public charter school is detrimental to the health and safety of other
    pupils, or who has been expelled from another school district in this
    state or any other state.
    (j)  Admission procedures, including provision for overenrollment. Such
    admission procedures shall provide that the initial admission procedures
    for a new public charter school, including provision for overenrollment,
    will be determined by lottery or other random method, except as otherwise
    provided herein. If initial capacity is insufficient to enroll all pupils
    who submit a timely application, then the admission procedures may provide
    that preference shall be given in the following order: first, to children
    of founders, provided that this admission preference shall be limited to
    not more than ten percent (10%) of the capacity of the public charter
    school; second, to siblings of pupils already selected by the lottery or
    other random method; and third, an equitable selection process such as by
    lottery or other random method. If capacity is insufficient to enroll all
    pupils for subsequent school terms, who submit a timely application, then
    the admission procedures may provide that preference shall be given in the
    following order: first, to pupils returning to the public charter school
    in the second or any subsequent year of its operation; second, to children
    of founders, provided that this admission preference shall be limited to
    not more than ten percent (10%) of the capacity of the public charter
    school; third, to siblings of pupils already enrolled in the public
    charter school; and fourth, an equitable selection process such as by
    lottery or other random method. There shall be no carryover from year to
    year of the list maintained to fill vacancies. A new lottery shall be
    conducted each year to fill vacancies which become available.
    (k)  The manner in which an annual audit of the financial and programmatic
    operations of the public charter school is to be conducted.
    (l)  The disciplinary procedures that the public charter school will
    utilize, including the procedure by which students may be suspended,
    expelled and reenrolled, and the procedures required by section 33-210,
    Idaho Code.
    (m)  A provision which ensures that all staff members of the public
    charter school will be covered by the public employee retirement system,
    federal social security, unemployment insurance, worker's compensation
    insurance, and health insurance.
    (n)  The public school attendance alternative for students residing within
    the school district who choose not to attend the public charter school.
    (o)  A description of the transfer rights of any employee choosing to work
    in a public charter school that is approved by the board of trustees of a
    school district, and the rights of such employees to return to any
    noncharter school in the same school district after employment at such
    charter school.
    (p)  A provision which ensures that the staff of the public charter school
    shall be considered a separate unit for purposes of collective bargaining.
    (q)  The manner by which special education services will be provided to
    students with disabilities who are eligible pursuant to the federal
    individuals with disabilities education act, including disciplinary
    procedures for these students.
    (r)  A plan for working with parents who have students who are dually
    enrolled pursuant to section 33-203, Idaho Code.
    (s)  The process by which the citizens in the area of attendance shall be
    made aware of the enrollment opportunities of the public charter school.
    (t)  A proposal for transportation services as required by section
    33-5208(4), Idaho Code.
    (u)  A plan for termination of the charter by the board of directors, to
    include:
         (i)   Identification of who is responsible for dissolution of the
         charter school;
         (ii)  A description of how payment to creditors will be handled;
         (iii) A procedure for transferring all records of students with
         notice to parents of how to request a transfer of student records to
         a specific school; and
         (iv)  A plan for the disposal of the public charter school's assets.
    (4)  The petitioner shall provide information regarding the proposed
operation and potential effects of the public charter school including, but
not limited to, the facilities to be utilized by the public charter school,
the manner in which administrative services of the public charter school are
to be provided and the potential civil liability effects upon the public
charter school and upon the authorized chartering entity.