6301.00 | Petition Requirements

Petitioners for a public charter school shall:

  1. Prepare a petition in accordance with this policy as well as with State Board of Education 08.02.04 - Rules Governing Public Charter Schools, Section 200.01 through 200.03 - Procedure for Formation of a New Public Charter School, and Section 201.01 and 201.02 - Policies and Procedures Adopted by an Authorized Chartering Entity, and Sections 33-1612 and 33-5205, Idaho Code. An authorized chartering entity is defined in Section 33-5202A (1), Idaho Code, and means either the local board of trustees of a school district in this state, or the Idaho Public Charter School Commission as defined in section 33-5213, Idaho Code. 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. If the petition is then sent to the Public Charter School Commission, 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. (6-24-08)
  2. Prior to filing a petition with an authorized chartering entity, submit the proposed draft petition to the State Department of Education, which shall conduct a sufficiency review of the draft petition for the purpose of determining whether it was prepared in accordance with the instructions furnished by, and in the format required by, the State Board of Education, and contains the information required by Section 33-5205, Idaho Code. (6-24-08)
  3. The public charter school petition shall include the following information:
    1. Completed Charter School Petition cover page from Moscow School District 281 Policy. (See Forms, Section VI)
    2. Charter School Name
    3. Authorized Chartering Entity.
    4. Elector petition forms with no less than 30 signature of qualified electors and proof of elector qualifications; forms available at http://www.sde.state.id.us/instruct/charter.
    5. Articles of incorporation and bylaws of the nonprofit corporation.
    6. Detailed mission and vision statements.
    7. Description of the school's educational program and how learning will occur.
    8. Description of the use of different and innovative teaching methods.
    9. The school's goals and how all Educational Thoroughness Standards (as defined in Section 33-1612, Idaho Code) shall be fulfilled.
    10. Measurable student educational standards which describe the extent to which all students of the charter school demonstrate they have attained the skills and knowledge as specified as goals.
    11. Various methods by which student progress is to be measured in meeting educational standards.
    12. A provision by which students will be tested with the same standardized tests as other Idaho public school students.
    13. A provision that ensures the charter school shall be accredited as provided by rule of the Idaho State Board of Education.
    14. Detailed plans for financial management, including the budget for the first year of operation (IFARMS format).
    15. Description of the governance structure of the school, including the person or entity that shall be legally accountable for the operation of the school. Include names, positions, and phone numbers.
    16. An outline of the qualifications to be met by individuals employed by the school.
    17. A provision that ensures all staff members will submit a criminal history check fingerprint card to the Office of Certification at the State Department of Education.
    18. A statement that all teachers and administrators will be on written contract approved by the Superintendent of Public Instruction.
    19. Procedures to ensure health and safety of students and staff.
    20. A plan for the denial of school attendance to any student who is a habitual truant, as defined in 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.
    21. Description of admission procedures, including a provision for over-enrollment, which specify equitable selection processes for the initial year, as well as subsequent years of operation. In addition, include enrollment capacity of the charter school.
    22. Description of how waiting lists will be developed and renewed annually.
    23. Anticipated enrollment.
    24. Description of the manner in which citizens residing in the compact and contiguous attendance area of the charter school will be made aware of enrollment opportunities.
    25. Description of the manner in which the annual audit of financial and programmatic operations is to be conducted.
    26. An outline of procedures for suspension, expulsion and reenrollment of students.
    27. A provision that ensures all staff members will be enrolled in and covered by all of the following: Public Employee Retirement System of Idaho (PERSI); Federal Social Security; Unemployment Insurance/Worker's Compensation; Health Insurance.
    28. A provision for a public school attendance alternative for students residing within the school district who choose not to attend the charter school.
    29. Description of the transfer rights, if any, of any employee choosing to work in a charter school that is approved by the board of trustees of a school district, and any right of this employee to return to any non-charter school in the district.
    30. A provision that ensures that the staff of the charter school shall be considered a separate unit for the purposes of collective bargaining.
    31. An outline of the provisions for how special education services will be provided:
      1. Identification/Evaluation
      2. Programming
      3. Individual Education Plans (IEP)
        1. Development
        2. Review
        3. Revision
      4. Services
      5. Discipline Policy
      6. Budget
      7. Transportation for special needs students (the charter school must provide transportation unless a special needs student is capable of getting to school in the same manner as other students.)
    32. An outline of transportation services for students, including estimated first year cost.
    33. An outline of provisions for child nutrition: School Lunch Program; Determining eligibility for Free and Reduced Price Meals; Verification reporting and record keeping. NOTE: The Moscow School District 281 Board of Trustees will not be obligated to enter into service contracts with the public charter school for special services, transportation, or food service.
    34. Description of the manner in which gifted and talented students will be served including a plan for identification and service.
    35. Description of the manner by which Limited English Proficiency services will be provided. 36. Description of facilities to be used by the school and how they comply with applicable local, state, and federal codes and regulations.
    36. An outline of the manner in which administrative services of the school are to be provided.
    37. Description of potential civil liability effects upon the school and upon the chartering entity.
    38. Documentation of organization under the Idaho Nonprofit Corporation Act.
    39. Documentation regarding insurance for liability and property loss.
    40. A plan for working with parents who have students who are dually enrolled pursuant to Idaho Code.
    41. A plan for termination of the charter by the board of directors, to include:
      1. Identification of who is responsible for dissolution of the charter school;
      2. A description of how payment to creditors will be handled;
      3. A procedure for transferring all records of students to the District with notice to parents of how to request a transfer of student records to a specific school; and
      4. A plan for the disposal of the publich charter school's assets.
    42. A provision that ensures a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography, or harmful to minors (Children's Internet Protection Act).
    43. At least one (1) person among a group of petitioners of a prospective public charter school shall attend a public charter school workshop offered by the State Department of Education. The State Department of Education shall provide notice of dates and locations when workshops will be held, and shall provide proof of attendance to workshop attendees. Such proof shall be submitted by the petitioners to an authorized chartering entity along with the charter petition. [IC 33-5205 (5)] (6-24-08)
  4. After a sufficiency review has been facilitated by the State Department of Education and findings and recommendations have been addressed, submit ten (10) copies of the public charter school petition to the Clerk, Board of Trustees, Moscow School District 281, 650 N. Cleveland, Moscow, ID 83843-3659 no later than 4:30 PM on September 1. 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. [IC 33-5203 (2) (f)] Follow the timeline and procedures established in State Board of Education 08.02.04 - Rules Governing Public Charter Schools, Section 205.01 through 205.05 and promptly notify the State Board of Education that a petition has been filed with the Board of Trustees of Moscow School District 281. 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. The State Board of Education (SBOE) shall assign a number to each petition it receives based on the chronological order in which notice of the approved petition is received by the SBOE. [IC 33-5206 (6)] (11-24-09)
  5. Requirements for public hearings and notification to the local board of trustees in which the public charter school will be located are found in Idaho Code 33-5205. (11-24-09)
  6. Submit background checks on all founding members at the time the petition is filed with the Clerk, Board of Trustees, of Moscow School District 281. (11-24-09)