2005 Idaho Code - 33-5207 — CHARTER APPEAL PROCEDURE

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 52
                            PUBLIC CHARTER SCHOOLS
    33-5207.  CHARTER APPEAL PROCEDURE. (1) If a local school board of
trustees, acting in its capacity as an authorized chartering entity, approves
a petition for the conversion of an existing traditional public school within
the school district over the objection of thirty (30) or more persons or
employees of the district, or if an authorized chartering entity denies a
petition for the establishment of a new public charter school for any reason
including, but not limited to, failure by the petitioner to follow procedures
or for failure to provide required information, then such decisions may be
appealed to the state superintendent of public instruction within thirty (30)
days of the date of the written decision, at the request of persons opposing
the conversion of an existing traditional public school, or at the request of
the petitioner whose request for a new charter was denied.
    (2)  The state superintendent of public instruction shall select a hearing
officer to review the action of the authorized chartering entity, pursuant to
section 67-5242, Idaho Code. The hearing officer shall, within thirty (30)
days of receipt of the request, review the charter petition and convene a
public hearing regarding the charter petition. Within ten (10) days of the
public hearing, the hearing officer shall submit a written recommendation to
the authorized chartering entity and to the persons requesting the review. The
recommendation by the hearing officer either to affirm or reverse the decision
of the authorized chartering entity shall be based upon the standards and
criteria contained in this chapter and upon any public charter school rules
adopted by the state board of education. The recommendation shall be in
writing and accompanied by a reasoned statement that explains the criteria and
standards considered relevant, states the relevant contested facts relied
upon, and explains the rationale for the recommendations based on the
applicable statutory provisions and factual information contained in the
record.
    (3)  Within thirty (30) days following receipt of the hearing officer's
written recommendation, the authorized chartering entity shall hold a meeting
open to the public for the purpose of reviewing the hearing officer's written
recommendation. Within ten (10) days of such meeting, the authorized
chartering entity shall either affirm or reverse its initial decision. The
authorized chartering entity's decision shall be in writing and contain
findings which explain the reasons for its decision.
    (4)  If, upon reconsideration of a decision to approve the conversion of a
traditional public school to a public charter school, the local school board:
    (a)  Affirms its initial decision to authorize such conversion, the
    charter shall be approved and there shall be no further appeal.
    (b)  Reverses its initial decision and denies the conversion, that
    decision is final and there shall be no further appeal.
    (5)  If, upon reconsideration of a decision to deny a petition for a
public charter school, the authorized chartering entity:
    (a)  Reverses its initial decision and approves the public charter school
    petition, there shall be no further appeal.
    (b)  Affirms its initial decision denying the public charter school
    petition, the board of directors of the nonprofit corporation identified
    in the petition may appeal to the state board of education. The state
    board of education shall hold a public hearing within a reasonable time
    after receiving notice of such appeal but no later than sixty (60)
    calendar days after receiving such notice, and after the public hearing,
    shall take any of the following actions: (i) approve or deny the petition
    for the public charter school, provided that the state board of education
    shall only approve the petition  if it determines that the authorized
    chartering entity failed to appropriately consider the charter petition,
    or if it acted in an arbitrary manner in denying the petition; (ii) remand
    the matter back to the authorized chartering entity, which shall have
    authority to further review and act on such matter as directed by the
    state board of education; or (iii) redirect the matter to another
    authorized chartering entity for further review as directed by the state
    board of education. Such public hearing shall be conducted pursuant to
    procedures as set by the state board of education.
    (6)  A public charter school for which a charter is approved by the state
board of education shall qualify fully as a public charter school for all
funding and other purposes of this chapter. The public charter school
commission shall assume the role of the authorized chartering entity for any
charter approved by the state board of education as provided in subsection
(5)(b) of this section. Employees of a public charter school approved by the
state board of education shall not be considered employees of the local school
district in which the public charter school is located, nor of the state board
of education, nor of the commission.
    (7)  The decision of the state board of education shall be subject to
review pursuant to chapter 52, title 67, Idaho Code. Nothing in this section
shall prevent a petitioner from bringing a new petition for a public charter
school at a later time.
    (8)  There shall be no appeal of a decision by a local school board of
trustees which denies the conversion of an existing traditional public school
within that district to a public charter school, or by an authorized
chartering entity which approves a petition for a public charter school.