T33CH52

Title 33 > T33CH52

Sections (21)

33-5201

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5201. short title. This chapter shall be known and may be cited as the Accelerating Public Charter Schools Act. History: [33-5201, added 2024, ch. 9, sec. 2, p. 62.]

33-5202

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5202. LEGISLATIVE INTENT. It is the intent of the legislature to provide opportunities for students, parents, teachers, and community members to attend, establish, and maintain public charter schools that operate independently from the existing traditional school district structure but within the existing public school system. Public charter schools are hereby authorized as part of the state’s program of public education and they shall have equal access and authority to participate in all state and federal programs to the same extent as a traditional public school, irrespective of the instructional delivery method. The legislature aims to: (1) Improve student learning; (2) Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students; (3) Include the use of different and innovative teaching methods; (4) Utilize virtual and hybrid learning; (5) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; (6) Provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system; (7) Hold public charter schools accountable for meeting measurable student educational standards; (8) Reward public charter schools that meet their accountability measures with enhanced autonomy and freedom from regulatory burden; and (9) Foster and support charter schools through best practices, development, educational, and operational assistance. History: [33-5202, added 2024, ch. 9, sec. 4, p. 62.]

33-5202A

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5202A. DEFINITIONS. As used in this chapter, unless the context requires otherwise: (1) Application means the document submitted to the authorizer to request the creation of a public charter school. (2) Authorizer means any of the following: (a) A local board of trustees of a school district; (b) The public charter school commission; (c) An Idaho public college, university, or community college; or (d) A private, nonprofit, Idaho-based, nonsectarian college or university that is accredited by the same organization that accredits Idaho public colleges and universities. (3) Charter means the grant of authority approved by the authorizer to the charter holder. (4) Charter holder means the public charter school’s board of directors to which a charter is granted. (5) Educational services provider means a nonprofit or for-profit entity that contracts with a public charter school for a fee to provide educational services and resources, including administrative support and educational design, implementation, or management. (6) Founder means a person who makes a material contribution toward the establishment of a public charter school and who is designated as such by the charter holder. (7) Performance certificate means a fixed-term, renewable certificate between a public charter school and an authorizer that outlines the negotiated roles, powers, responsibilities, and performance expectations for each party to the certificate. (8) Public charter school means a school that is authorized pursuant to this chapter to deliver public education in Idaho. (9) Public charter school commission or commission means the public charter school commission established pursuant to section 33-5213 , Idaho Code. (10) Traditional public school means any school that is operated and controlled by a school district in this state. (11) Virtual school means a public charter school that delivers a full-time, sequential program of synchronous and/or asynchronous instruction primarily through the use of technology via the internet in a distributed environment. Schools classified as virtual must have an online component to their school with online lessons and tools for student and data management. Students enrolled in a virtual school may meet at the same location and time while receiving virtual instruction. History: [33-5202A, added 2024, ch. 9, sec. 6, p. 63.]

33-5203

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5203. APPROVAL OF PUBLIC CHARTER SCHOOLS. (1) No whole school district may be converted to a charter district or any configuration that includes all schools as public charter schools. (2)(a) The authorizer must receive an application no later than September 1 for a new public charter school to be eligible to begin instruction the first complete school year following receipt of the application, unless the authorizer agrees to a later date; and (b) To begin operations, a newly chartered public school must be authorized by no later than January 1 of the previous school year, unless the authorizer agrees to a later date. (3) Any authorizer may approve a public charter school formed by creating a new public charter school or by replicating an existing public charter school. Converting an existing traditional public school to a public charter school 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) That provides for the conversion of any existing private or parochial school to a public charter school; (b) For a for-profit entity; provided, however, nothing in this section shall prevent the board of directors of a public charter school from legally contracting with an educational service provider that provides comprehensive educational administrative and management services or with for-profit entities for the provision of products or services that aid in the operation of the school; or (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. (5) A charter holder may not operate enterprises unrelated to the educational purposes for which the public charter school has been authorized. In cases of related enterprises, including but not limited to daycare and after school programs, no state education funding authorized pursuant to this chapter may be used to subsidize such related enterprises. (6)(a) Each authorized public charter school is hereby designated as a local education agency (LEA) as such term is defined in 34 CFR 300.28, unless the charter holder and authorizer agree that: (i) Public charter schools authorized by the board of trustees of a school district may be included in that district’s LEA; or (ii) Entities with multiple charters may operate as a single LEA. (b) Notice of an agreement pursuant to paragraph (a) of this subsection must be provided to the state department of education by no later than February 1 of the proceeding school year. History: [33-5203, added 2024, ch. 9, sec. 8, p. 64.]

33-5204

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5204. NONPROFIT CORPORATION — LIABILITY — INSURANCE. (1) A public charter school shall be organized and managed pursuant to the Idaho nonprofit corporation act, chapter 30, title 30 , Idaho Code. The board of directors of a public charter school shall be deemed public agents authorized to operate and control the public charter school. (2) For the purposes of section 59-1302 (15), Idaho Code, a public charter school created pursuant to this chapter is deemed a governmental entity. Pursuant to the provisions of section 63-3622O , Idaho Code, sales to or purchases by a public charter school are exempt from payment of the sales and use tax. Pursuant to section 63-602A (1), Idaho Code, property belonging to a public charter school is exempt from taxation. Every employee and member of the board of directors of the charter holder is subject to the provisions of and shall comply with: (a) Sections 18-1351 through 18-1362 , Idaho Code, on bribery and corrupt influence, except as provided by section 74-405 , Idaho Code; (b) Chapters 1, 2, 4, and 5, title 74 , Idaho Code; and (c) Professional codes and standards approved by the state board of education, including standards for ethics or conduct. In the event any code or standard pursuant to this paragraph conflicts with any other section of Idaho Code, then Idaho Code shall govern. (3) A public charter school may sue or be sued, may purchase, receive, hold, and convey real and personal property for school purposes, and may borrow money for such purposes to the same extent and on the same conditions as a traditional public school district, and its employees, directors, and officers shall enjoy the same immunities as employees, directors, and officers of traditional public school districts and other public schools, including those provided by chapter 9, title 6 , Idaho Code. The authorizer that approves a public school charter has no liability for the acts, omissions, debts, or other obligations of a public charter school, except as may be provided in the charter. A local public school district has no liability for the acts, omissions, debts, or other obligations of a public charter school located in its district that has been approved by an authorizer other than the board of trustees of the local school district. (4) Nothing in this chapter prevents the charter holder from borrowing money to finance the purchase or lease of school building facilities, equipment, and furnishings. Subject to the terms of a contractual agreement between the board and a lender, nothing in this section shall prevent the charter holder from using the facility or its equipment and furnishings as collateral for the loan. (5) Public charter schools shall secure insurance for liability and property loss. (6) The receiving, soliciting, or acceptance of moneys of a public charter school for deposit in any bank or trust company or the lending of moneys by any bank or trust company t

33-5205

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5205. APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL — Hearing — application decision — appeal procedure — term. (1) A public charter school application may be submitted to only one (1) authorizer at a time. If an application has been denied by an authorizer or an application is withdrawn by the applicant, then the applicant may resubmit an application to another authorizer. (2)(a) Authorizers shall develop a transparent application process to establish a new public charter school. The application shall require applicants to provide descriptions of the following key features of the prospective public charter school: (i) The educational program, including educational philosophy, student academic proficiency and growth standards, measurement methods, any mission-specific standards that may be unique to the school, and strategies for meeting the needs of specific student populations, including English language learners, at-risk students, and special education or gifted and talented students; (ii) The financial and facilities plan with a pre-opening budget, three (3) year operating budget, break-even analysis and cash flow projection, evidence of existing and anticipated funds, and projected facility costs; (iii) Board capacity and governance structure, including copies of the articles of incorporation and corporate bylaws; (iv) Student demand and primary attendance area, including a description of the population of students the proposed school intends to serve and the target enrollment by grade level; and (v) Use of educational service providers, including the contracts, fees and terms, and recent contracts that the entity has executed with other charter schools. (b) Upon review of the completed application, representatives of the authorizer may request from applicants additional information actually necessary to clarify the contents. (3) An application for a virtual school must also contain statements describing the following: (a) The learning management system by which courses will be delivered; (b) The role of the online teacher, including the consistent availability of the teacher to provide guidance around course material, methods of individualized learning in the online course, and the means by which student work will be assessed; (c) A plan for the provision of professional development specific to the public virtual school environment; (d) The means by which public virtual school students will receive appropriate teacher-to-student interaction, including timely and frequent feedback about student progress; (e) The means by which the public virtual school will verify student attendance and award course credit. Attendance at public virtual schools shall focus primarily on coursework and activities that are correlated to the Idaho state thoroughness standards; (f) A plan for the provision of technical support relevant to the delivery of online courses; (g) The means by which the public vi

33-5205A

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5205A. TRANSFER OF CHARTER. (1) A charter may be transferred to, and placed under the chartering authority of, any authorizer if the receiving authorizer and the charter holder agree to such transfer. The receiving authorizer and charter holder may agree to revisions to the charter and performance certificate as required by such transfer. (2) Upon request for a transfer, the current authorizer has seventy-five (75) days to approve the transfer request or to provide written justification for not approving such request. (3) If the current authorizer does not approve the request, then the matter may be appealed to the office of administrative hearings and be subject to judicial review as a contested case pursuant to chapter 52, title 67 , Idaho Code. History: [33-5205A, added 2024, ch. 9, sec. 15, p. 68.]

33-5205B

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5205B. PERFORMANCE-BASED ACCOUNTABILITY. (1) Within seventy-five (75) days of approval of a charter application, the authorizer and the charter holder shall negotiate and execute a performance certificate that clearly sets forth the agreed-upon academic and operational performance expectations and measures, consistent with those outlined by the public charter school in its application. The performance expectations and measures set forth in the performance certificate shall include: (a) Student academic proficiency; (b) Student academic growth; (c) College and career readiness (for high schools); (d) The actual and potential at-risk and economically disadvantaged makeup of the student body population as defined in section 33-1001 , Idaho Code, for all grade levels; and (e) Board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the performance certificate. (2) The performance certificate shall be signed by the designated representatives of the authorizer’s governing board and the charter holder. (3) No public charter school may commence operations without an executed performance certificate. (4) An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data, and may conduct prearranged site visits, if needed, to support ongoing evaluation according to the performance certificate. Every authorizer shall have the authority to conduct oversight activities that enable the authorizer to fulfill its responsibilities, including conducting appropriate inquiries and investigations, as long as those activities are consistent with the intent of this chapter and do not unduly inhibit the autonomy granted to public charter schools. If an authorizer has reason to believe that a charter holder or public charter school has violated any provision of law, it shall notify the charter holder and the entity responsible for administering said law of the possible violation. (5) A charter holder or the authorizer may enter into negotiations to revise a charter or performance certificate at any time. If a charter holder applies to revise its charter or performance certificate, the authorizer’s review of the application shall be limited in scope solely to the proposed revisions. (6) The charter holder shall be responsible for promptly notifying the authorizer of the following with appropriate documentation: (a) If the charter holder becomes aware that the school is not operating in substantial compliance with the terms and conditions of its performance certificate; (b) If any revisions or amendments are made to the articles of incorporation or bylaws; (c) If the school’s accrediting body finds that the school has failed to meet or maintain full accreditation requirements; (d) If any complaints are filed against the school, including but not limited to lawsuits and complai

33-5205C

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5205C. PUBLIC CHARTER SCHOOL REPLICATION. (1) Public charter schools that have successfully completed at least one (1) renewal without condition may apply for fast-tracked replication. (2) Replication public charter schools must have the same operational model and serve the same, or a subset of the same, grades as the public charter school being replicated. (3) An abridged application for replication shall narrowly focus on: (a) A description of the capacity of the charter holder to successfully replicate an additional school; (b) A description of how the charter holder will manage multiple charter schools while maintaining a high level of academic and fiscal performance in the original public charter school and the replication school; and (c) Location-specific information for the new replication charter school. (4) Replication applications shall be considered by an authorizer within forty-five (45) days of submission unless the replication applicant agrees to a later date. History: [33-5205C, added 2024, ch. 9, sec. 19, p. 70.]

33-5206

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5206. REQUIREMENTS FOR OPERATING A PUBLIC CHARTER SCHOOL. (1) 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 constitution or any federal, state, or local law. Public charter schools shall comply with the federal individuals with disabilities education act. 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. (2) No board of trustees of a public school district may require: (a) Any employee of the school district to be involuntarily assigned to work in a public charter school; or (b) Any student enrolled in the school district to attend a public charter school. (3) Employment of charter school teachers and administrators shall be on written contract. (4) Administrators may be certified pursuant to the requirements set forth in chapter 12, title 33 , Idaho Code, pertaining to traditional public schools or may hold a charter school administrator certificate, which requires that the administrator: (a) Holds a bachelor’s degree from an accredited four (4) year institution; (b) Submits to a criminal history check as described in section 33-130 , Idaho Code; (c) Completes a course consisting of a minimum of three (3) semester credits in the statewide framework for teacher evaluations, which shall include a laboratory component; (d) Submits a letter of support from a charter holder; and (e) Has one (1) or more of the following: (i) Four (4) or more years of experience administering a public charter school; (ii) A postbaccalaureate degree and a minimum of five (5) years of experience in school administration, public administration, business administration, or military administration; (iii) Successful completion of a nationally recognized charter school leaders fellowship; or (iv) Four (4) or more years of teaching experience and a commitment from an administrator at a charter school in academic, operational, and financial good standing, according to its authorizer’s most recent review, to mentor the applicant for a minimum of one (1) year. (5) A charter school administrator certificate is valid for five (5) years and renewable thereafter. Administrators shall be subject to oversight by the professional standards commission. Certificates may be revoked pursuant to the provisions of section 33-1208 , Idaho Code. Issuance of a certificate to any applicant may be refused for such reason as would have constituted grounds for revocation. (6) 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 be counted by any school district for an

33-5207

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5207. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. (1) Except as otherwise provided for in this section, the state department of education shall make the following apportionment to each charter school for each fiscal year based on attendance figures submitted in a manner and time as required by the state department of education. (2) Per student support. Computation of support units for each public charter school shall be calculated as if it were a separate school according to the schedules in section 33-1002 (4), Idaho Code, except that public charter schools with fewer than one hundred (100) secondary ADA shall use a divisor of twelve (12) and the minimum units shall not apply. No public charter school shall receive an increase in support units that exceeds the support units it received in the prior year by more than forty (40), except in cases of state declared emergencies that have been approved by the authorizer as having an impact on public education. Funding from the state educational support program shall be equal to the total distribution factor, plus the salary-based apportionment provided in chapter 10, title 33 , Idaho Code. Provided, however, any public charter school that is formed by the conversion of an existing traditional public school shall be assigned divisors, pursuant to section 33-1002 , Idaho Code, that are no lower than the divisors of the school district in which the traditional public school is located, for each category of pupils listed. (3) Special education. For each student enrolled in the public charter school who is entitled to special education services, the public charter school shall receive the state and federal funds from the exceptional child education program for that student that would have been apportioned to the school district in which the public charter school is located. (4) Alternative school support. Public charter schools may qualify under the provisions of sections 33-1002 and 33-1002C , Idaho Code, provided the public charter school meets the necessary statutory requirements and students qualify for attendance at an alternative school as provided by rule of the state board of education. (5) Transportation support. Support shall be paid to the public charter school as provided in chapter 15, title 33 , Idaho Code, and section 33-1006 , Idaho Code. Each public charter school shall furnish the department with an enrollment count as of the first Friday in November of public charter school students who are eligible for reimbursement of transportation costs under the provisions of this subsection and who reside more than one and one-half (1 1/2) miles from the school. The state department of education is authorized to include in the annual appropriation to the charter school sixty percent (60%) of the estimated transportation cost. The final appropriation payment in July shall reflect reimbursements of actual costs pursuant to section 33-1006 , Idaho C

33-5209A

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5209A. CHARTER RENEWALS. (1) A charter may be renewed for successive terms. An authorizer may grant renewal with specific written conditions for necessary improvements to a public charter school and a date by which the conditions must be met. (2) No later than September 1, the authorizer shall issue a public charter school performance report and charter renewal application guidance to any charter holder with a public charter school whose charter will expire the following year. The performance report shall summarize the public charter school’s performance record to date, based on the performance certificate, and shall provide notice of any weaknesses or concerns that may jeopardize renewal, if not timely rectified. The charter holder shall have thirty (30) days to respond to the performance report and submit any corrections or clarifications for the report. (3) The renewal application guidance shall, at a minimum, provide an opportunity for the charter holder to: (a) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal; and (b) Describe improvements undertaken or planned for the school. (4) The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer’s renewal decisions, which shall be based on independent fiscal audits and the performance framework set forth in the performance certificate. (5) No later than December 15, the charter holder seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance issued by the authorizer. The authorizer shall vote on the renewal application no later than March 15; if the authorizer does not vote by March 15, the application shall be deemed approved. (6) In making charter renewal decisions, every authorizer shall: (a) Ground its decisions in evidence of the school’s performance over the term of the performance certificate; (b) Ensure that data used in making renewal decisions are available to the school and the public; (c) Take into consideration the actual and potential at-risk and economically disadvantaged makeup of the student body population as defined in section 33-1001 , Idaho Code, for all grade levels; (d) Provide a public report summarizing the evidence basis for each decision. (7) An authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal for a term of twelve (12) years or, in the case of a pilot charter, a renewal term of six (6) years. An authorizer may renew for a six (6) year term or choose not to renew any charter in which the public charter school failed to meet one (1) or more of the terms of its performance certificate. (8) A decision not to renew a charter or to deny a revision of a charter may be appealed to the office of administrative hearings and is subject to judicial revie

33-5209C

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5209C. REVOCATION OF A CHARTER. (1) A charter may be revoked by the authorizer if, after fair and specific notice from the authorizer, the public charter school: (a) Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required by this chapter or the performance certificate; (b) Fails to meet generally accepted standards for fiscal management; or (c) Substantially violates any material provision of law from which the public charter school was not exempted. (2) Revocation may not occur until the charter holder has been afforded a public hearing, unless the authorizer determines that the continued operation of the public charter school presents an imminent public safety issue, in which case the charter may be revoked immediately. Public hearings shall be conducted by the authorizer or such other person or persons appointed by the authorizer to conduct public hearings and receive evidence as a contested case in accordance with the provisions of section 67-5242 , Idaho Code. Notice and opportunity to reply shall include, at a minimum, written notice setting out the basis for consideration of revocation, a period of not less than thirty (30) days within which the charter holder can reply in writing, and a public hearing within thirty (30) days of the receipt of the written reply. If a charter holder does not reply by the date set in the notice, a public hearing shall be held no later than sixty (60) days after the date the notice was sent by the authorizing charter entity. (3) If an authorizer revokes a charter, the authorizer in a resolution of its governing body shall clearly state the reasons for the revocation. The authorizer shall take into consideration whether the charter school has been enrolled in the Idaho building capacity program and any progress reported by the state department of education. (4) Within fourteen (14) days of taking action to revoke a charter, the authorizer shall report to the state board of education the action taken and shall provide a copy of the report to the charter holder at the same time. The report shall include a copy of the authorizer’s resolution setting forth the action taken, reasons for the decision, and assurances as to compliance with the requirements set forth in this chapter. (5) A decision to revoke a charter may be appealed to the office of administrative hearings and is subject to judicial review as a contested case as set forth in chapter 52, title 67 , Idaho Code. History: [33-5209C, added 2024, ch. 9, sec. 29, p. 78.]

33-5210

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5210. APPLICATION OF SCHOOL LAW — EXEMPTION FROM STATE RULES. (1) All public charter schools are under the general supervision of the state board of education. (2) Each public charter school shall comply with the financial reporting requirements of section 33-701 5. through 10., Idaho Code, in the same manner as those requirements are imposed upon school districts and shall comply with laws governing safety, including but not limited to sections 33-122 and 33-130 , Idaho Code, and chapter 2, title 33 , Idaho Code, and rules promulgated thereunder. (3) Other than as specified in this section, each public charter school is exempt from rules governing school districts promulgated by the state board of education, with the exception of state rules relating to: (a) Teacher certification as necessitated by the provisions of section 33-5206 , Idaho Code; (b) Accreditation of the school as necessitated by the provisions of section 33-119 , Idaho Code; (c) Qualifications of a student for attendance at an alternative school as necessitated by the provisions of section 33-5207 , Idaho Code; and (d) Rules promulgated pursuant to section 33-1612 , Idaho Code. History: [33-5210, added 2024, ch. 9, sec. 31, p. 78.]

33-5211

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5211. TECHNICAL SUPPORT AND INFORMATION. (1) Upon request, the state department of education shall provide technical assistance to persons or authorizers preparing or reviewing charter applications or performance certificates and to existing public charter schools in the same manner as such assistance is provided to traditional public schools and school districts. (2) The state department of education shall annually offer a public charter school workshop and make a recording available to the public. (3) The state department of education shall collaborate with authorizers to enroll charter schools in need of improvement in support and development programs, including but not limited to the Idaho building capacity program. History: [33-5211, added 2024, ch. 9, sec. 33, p. 79.]

33-5212

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5212. SCHOOL CLOSURE AND DISSOLUTION. (1) Authorizers shall have a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol. The closing school’s charter holder shall be responsible for executing the school’s closure. (2) In the event of a public charter school closure, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, including any tax, public employee retirement system, and other employee benefit obligations, then to creditors of the school, and then to the authorizer in the case of a public charter school authorized by the board of a local school district. In the case of a public charter school authorized by any other authorizer, any remaining assets shall be distributed to the public school income fund. Assets purchased using federal funds shall be returned to the authorizer for redistribution among other public charter schools. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law. History: [33-5212, added 2024, ch. 9, sec. 35, p. 79.]

33-5213

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5213. PUBLIC CHARTER SCHOOL COMMISSION. (1) There is hereby created an independent public charter school commission under the state board of education. The commission is hereby authorized to appoint a director who shall serve at the pleasure of the commission and shall receive such salary as fixed by the commission. It shall be the responsibility and duty of the director acting at the direction of the commission to administer and enforce the provisions of this chapter and to foster and support charter schools through effective partnerships with other state agencies. The director shall hire such staff as may be necessary to assist in carrying out the provisions of this chapter. (2) The public charter school commission shall adopt policies regarding the governance and administration of the commission consistent with legislative intent and section 67-5207A , Idaho Code. (3) The commission shall be composed of seven (7) members appointed by the governor, subject to the advice and consent of the senate. (4) The term of office for commission members shall be four (4) years. In making such appointments, the governor shall consider regional balance without reference to party affiliation. Members appointed to the commission shall collectively possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. All members of the commission shall have demonstrated understanding of and commitment to charter schools as a strategy for strengthening public education by providing additional education choices from which parents can choose. Members of the commission shall hold office until the expiration of the term to which the member was appointed and until a successor has been duly appointed, unless sooner removed for cause by the governor. Whenever a vacancy occurs, the governor shall appoint a qualified person to fill the vacancy for the unexpired portion of the term. (5) All members of the commission shall be citizens of the United States and residents of the state of Idaho for no less than two (2) years. (6) The members of the commission shall elect a chair and a vice chair every two (2) years. The chair shall preside at meetings of the commission, and the vice chair shall preside at such meetings in the absence of the chair. (7) Each member of the commission not otherwise compensated by public moneys shall be compensated as provided in section 59-509 (h), Idaho Code. History: [33-5213, added 2024, ch. 9, sec. 37, p. 80.]

33-5214

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5214. PUBLIC CHARTER SCHOOL AUTHORIZERS FUND. There is hereby created in the state treasury a fund to be known as the public charter school authorizers fund. All authorizer fees paid for public charter schools under the governance of the public charter school commission shall be deposited in this fund and be subject to appropriation. History: [33-5214, added 2024, ch. 9, sec. 39, p. 80.]

33-5216

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5216. Military Leave. Public charter schools shall comply with the provisions of section 33-527 , Idaho Code. History: [33-5216, added 2024, ch. 50, sec. 2, p. 260.]

33-5217

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5217. PUBLIC CHARTER SCHOOL revolving loan fund. (1) There is hereby established in the state treasury the public charter school revolving loan fund to assist qualifying charter schools in obtaining financing for facility purchases, improvements, and construction. The fund shall consist of moneys made available through appropriations, fees, grants, gifts, interest earned on idle moneys in the fund, and any other source to fulfill the purposes of this section. Moneys in the fund are hereby continuously appropriated for the purposes of this section and shall be expended only for the purposes stated in this section. (2) Loan issuer. The Idaho housing and finance association shall issue all loans under this section. A public charter school seeking to use the public charter school revolving loan fund must apply for and receive approval from the Idaho housing and finance association to receive a loan under this section. The Idaho housing and finance association shall establish guidelines and procedures for the application, approval, allocation, and repayment of loans issued under this section, consistent with the criteria in this section. (3) Public charter school eligibility. A public charter school shall be eligible to use the public charter school revolving loan fund only upon satisfaction of the guidelines and procedures established by the Idaho housing and finance association pursuant to subsection (2) of this section and upon satisfaction of the following conditions, as determined by the Idaho housing and financing association: (a) The public charter school must demonstrate it has obtained one (1) of the following for the remainder of the financing: (i) A letter of commitment from a national or state-chartered financial institution; (ii) A letter of commitment from a nonprofit corporation; (iii) A letter of commitment from a community development financial institution; or (iv) A letter of commitment from a qualified underwriter or an investment firm; (b) The public charter school must provide annual budgets and cash flow statements and must also provide: (i) Projected future budgets throughout the term of the loan, cash flows, and operating reserves to support a debt service coverage greater than 1.20x; (ii) Facility operation cost estimates, including debt service, occupancy cost, and other facilities-related expenses, which are not to exceed twenty percent (20%) of revenue; and (iii) Certification from a school administrator that projected future budgets and cash flows are based on reasonable assumptions related to level or increasing projected enrollment or waitlist and projected total income, including any matching funds and donations contingent on receipt of a loan under this section; (c) The public charter school must have a minimum of one million dollars ($1,000,000) in private or public grant support available for use supporting the school budget prior to loan issuance; (d) The publi

33-5218

TITLE 33 EDUCATION CHAPTER 52 PUBLIC CHARTER SCHOOLS 33-5218. PUBLIC CHARTER SCHOOL FACILITIES PROGRAM. (1) Legislative intent. It is the intent of the legislature, in recognition that providing Idaho students with a thorough education is an essential public purpose of the state, to support public charter schools by providing a mechanism to obtain favorable financing on bonds so that less money is obligated toward interest payments and more money remains in public charter schools for the benefit of Idaho’s students. There is hereby created the public charter school facilities program to assist qualifying charter schools in obtaining favorable financing on bonds for facility improvements and construction. (2) Eligibility. A public charter school seeking to use the public charter school facilities program shall receive approval from the Idaho housing and finance association pursuant to requirements for issuance of nonprofit facility bonds and to satisfaction of the criteria set forth in this section. To qualify, a public charter school shall submit the following documentation to the Idaho housing and finance association: (a) A letter of commitment from one (1) of the following: (i) A national or state-chartered financial institution; (ii) A community development financial institution; or (iii) A qualified underwriter or an investment firm; (b) Evidence that the public charter school has been in academic, operational, and financial good standing according to its authorizer for each of the previous three (3) years; (c) Annual budgets and cash flow statements projecting that the cost to operate the proposed facility, including future debt service, future occupancy cost, and facility operating expenses, will not exceed twenty percent (20%) of ongoing revenues; (d) Evidence that the school has operating reserves greater than sixty (60) days of cash on hand and a debt service coverage ratio equal to or greater than one and two-tenths (1.2); (e) An audit opinion or opinions demonstrating: (i) An unqualified audit opinion, or a qualified opinion qualified only on the basis of not reporting the actuarial value of the PERSI sick leave plan pursuant to statement no. 45 of the governmental accounting standards board; (ii) An audit devoid of significant findings and conditions, material weakness, or significant internal control weakness; and (iii) An audit that does not include a going concern disclosure in the notes or an explanatory paragraph within the audit report for three (3) consecutive years; (f) Certification from a public charter school’s board chair or treasurer that projected future budgets and cash flows are based on reasonable assumptions related to level or increasing projected enrollment or waitlist and projected total income, including any matching funds and donations contingent on receipt of a loan under this section; (g) Evidence of strong academic results, including above-state average growth or proficiency on the Idaho standards achievement