2005 Idaho Code - 33-5206 — REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER SCHOOL

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 52
                            PUBLIC CHARTER SCHOOLS
    33-5206.  REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A PUBLIC CHARTER
SCHOOL. (1) In addition to any other requirements imposed in this chapter, a
public charter school shall be nonsectarian in its programs, affiliations,
admission policies, employment practices, and all other operations, shall not
charge tuition, levy taxes or issue bonds, and shall not discriminate against
any student on any basis prohibited by the federal or state constitutions or
any federal, state or local law. Admission to a public charter school shall
not be determined according to the place of residence of the student, or of
the student's parent or guardian within the district, except that a new or
conversion public charter school established under the provisions of this
chapter shall adopt and maintain a policy giving admission preference to
students who reside within the attendance area of that public charter school.
The attendance area of a charter school, as described in the petition, shall
be composed of compact and contiguous area. For the purposes of this section,
if services are available to students throughout the state, the state of Idaho
is considered a compact and contiguous area.
    (2)  No board of trustees shall require any employee of the school
district to be involuntarily assigned to work in a public charter school.
    (3)  Certified teachers in a public charter school shall be considered
public school teachers. Educational experience shall accrue for service in a
public charter school and such experience shall be counted by any school
district for any teacher who has been employed in a public charter school.
    (4)  Employment of charter school teachers and administrators shall be on
written contract in form as approved by the state superintendent of public
instruction, conditioned upon a valid certificate being held by such
professional personnel at the time of entering upon the duties thereunder.
    (5)  No board of trustees shall require any student enrolled in the school
district to attend a public charter school.
    (6)  Upon approval of the petition by the authorized chartering entity,
the petitioner shall provide written notice of that approval, including a copy
of the approved petition, to the state board of education. For the purpose of
implementing the provisions of section 33-5203(2), Idaho Code, the state board
of education shall assign a number to each petition it receives. Petitions
shall be numbered based on the chronological order in which notice of the
approved petition is received by the state board of education.
    (7)  Each public charter school shall annually submit a report to the
authorized chartering entity which approved its charter. The report shall
contain the audit of the fiscal and programmatic operations as required in
section 33-5205(3)(k), Idaho Code, a report on student progress based on the
public charter school's student educational standards identified in section
33-5205(3)(b), Idaho Code, and a copy of the public charter school's
accreditation report.
    (8)  When a charter is revoked pursuant to section 33-5209, Idaho Code, or
the board of directors of the public charter school terminates the charter,
the assets of the public charter school remaining after all debts of the
public charter school have been satisfied must be returned to the authorized
chartering entity for distribution in accordance with applicable law.