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Model Law Component
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Matches
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Idaho's Charter Law
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Rating
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Weight
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Total Score
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No Caps
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Idaho law does not place any caps on charter school growth.
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4
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3
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12
|
|
1A.
No limits are placed on the number of public charter schools or students (and no geographic limits).
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Yes
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|
1B.
If caps exist, adequate room for growth.
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N/A
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|
A Variety of Public Charter Schools Allowed
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|
Idaho law allows new start-ups, public school conversions, and virtual schools.
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4
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2
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8
|
|
2A.
New start ups.
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Yes
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|
2B.
Public school conversions.
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Yes
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|
2C.
Virtual schools.
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Yes
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|
Multiple Authorizers Available
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|
Idaho law allows local school boards and a state charter school commission to authorize charter schools. It requires vrtual charter school applications to be submitted to the state commission. It also requires that applications for non-virtual charter schools must first be submitted to the local school board. Therefore, aside from virtual charter proposals, the law only allows the state commission to approve charter applications that local school boards have referred, not acted on, or denied. The law also allows the state board of education to authorize schools upon appeal if denied by the state commission.
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3
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3
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9
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|
3A.
Two or more viable authorizing options for each applicant with direct application allowed to each authorizing option.
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Some
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|
Authorizer and Overall Program Accountability System Required
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|
Idaho law includes none of the elements of the model law's authorizer and overall program accountability system.
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0
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3
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0
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4A.
At least a registration process for local school boards to affirm their interest in chartering to the state.
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No
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|
4B.
Application process for other eligible authorizing entities.
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N/A
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4C.
Authorizer submission of annual report, which summarizes the agency's authorizing activities as well as the performance of its school portfolio.
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No
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4D.
A regular review process by authorizer oversight body.
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No
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4E.
Authorizer oversight body with authority to sanction authorizers, including removal of authorizer right to approve schools.
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No
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4F.
Periodic formal evaluation of overall state charter school program and outcomes.
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No
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Adequate Authorizer Funding
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|
Idaho law includes none of the model law's provisions for adequate authorizer funding. The state commission is funded through legislative appropriations, and only one staff person is funded for the commission.
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0
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2
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0
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5A.
Adequate funding from authorizing fees (or other sources).
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No
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5B.
Guaranteed funding from authorizing fees (or from sources not subject to annual legislative appropriations).
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No
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5C.
Requirement to publicly report detailed authorizer expenditures.
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No
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5D.
Separate contract for any services purchased from an authorizer by a school.
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No
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5E.
Prohibition on authorizers requiring schools to purchase services from them.
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No
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Transparent Charter Application, Review, and Decision-making Processes
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|
Idaho law and regulations set forth general application elements for all charter petitions. The law includes requirements specific to conversions as well as for virtual charter school petitions.The law requires a public hearing for each charter application, unless it is referred to the state commission by a local school board.
The law requires authorizers to make charter approval and denial decisions in an open meeting and provide written notice of approval or denial to each applicant, with reasons for denial stated in writing.
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2
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4
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8
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6A.
Application elements for all schools.
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Yes
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6B.
Additional application elements specific to conversion schools.
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Yes
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6C.
Additional application elements specific to virtual schools.
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Yes
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6D.
Additional application elements specific when using educational service providers.
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No
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6E.
Additional application elements specific to replications.
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No
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6F.
Authorizer-issued request for proposals (including application requirements and approval criteria).
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No
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6G.
Thorough evaluation of each application including an in-person interview and a public meeting.
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Some
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6H.
All charter approval or denial decisions made in a public meeting, with authorizers stating reasons for denials in writing.
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Yes
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Performance-Based Charter Contracts Required
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The law does not require a charter contract or a performance framework covering essential elements recommended in the model law. In Idaho, the approved petition becomes the charter, and schools are accountable for meeting the educational standards identified in the charter.Charters in Idaho are of unlimited duration; they perpetuate unless revoked.
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0
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4
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0
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7A.
Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.
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No
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7B.
Defining the roles, powers, and responsibilities for the school and its authorizer.
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No
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7C.
Defining academic and operational performance expectations by which the school will be judged, based on a performance framework that includes measures and metrics for, at a minimum, student academic proficiency and growth, achievement gaps, attendance, recurrent enrollment, postsecondary readiness (high schools), financial performance, and board stewardship (including compliance).
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No
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7D.
Providing an initial term of five operating years (or a longer term with periodic high-stakes reviews).
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No
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7E.
Including requirements addressing the unique environments of virtual schools, if applicable.
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No
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Comprehensive Charter School Monitoring and Data Collection Processes
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Regulations authorize and require chartering entities to engage in compliance monitoring to ensure that each charter school meets the terms of its charter and complies with applicable laws. The regulations address performance monitoring through annual school accreditation reports and annual reporting on educational goal attainment.Idaho law requires charter schools to submit to their authorizer an annual report that contains a fiscal and programmatic audit, a report on student progress based on the school's identified educational standards, and a copy of the school's accreditation report. It also requires charter schools to comply with the same financial reporting requirements as school districts.
Idaho law requires authorizers to give charter schools written notice of perceived defects and reasonable opportunity to cure such defects through a corrective action plan developed by the school. Apart from providing such notice of problems, the law does not explicitly empower authorizers to take corrective actions or exercise sanctions short of revocation.
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3
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4
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12
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8A.
The collection and analysis of student outcome data at least annually by authorizers (consistent with performance framework outlined in the contract).
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Yes
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8B.
Financial accountability for charter schools (e.g., Generally Accepted Accounting Principles, independent annual audit reported to authorizer).
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Yes
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8C.
Authorizer authority to conduct or require oversight activities.
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Yes
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8D.
Annual school performance reports produced and made public by each authorizer.
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No
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8E.
Authorizer notification to their schools of perceived problems, with opportunities to remedy such problems.
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Yes
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8F.
Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.
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No
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Clear Processes for Renewal, Nonrenewal, and Revocation Decisions
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Charters in Idaho do not expire or require renewal; they perpetuate indefinitely unless revoked. Therefore, the law does not set forth requirements, criteria, processes, or other guidance for renewal or non-renewal. The law sets forth general grounds for charter revocation.Except in cases of an imminent threat to public safety, the law provides that revocation requires reasonable notice and opportunity for the school to cure the defect; written notice of intent to revoke, including the reasons for the planned revocation; and a public hearing including opportunity for the school to present evidence. The law requires charter revocation decisions to be made in an open meeting and allows charter schools to appeal revocation decisions to the state board of education.
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1
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4
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4
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9A.
Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.
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No
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9B.
Schools seeking renewal must apply for it.
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No
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9C.
Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.
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No
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9D.
Clear criteria for renewal and nonrenewal/revocation.
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Some
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9E.
Authorizers must ground renewal decisions based on evidence regarding the school's performance over the term of the charter contract (in accordance with the performance framework set forth in the charter contract).
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No
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9F.
Authorizer authority to vary length of charter renewal contract terms based on performance or other issues.
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Yes
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9G.
Authorizers must provide charter schools with timely notification of potential revocation or non-renewal (including reasons) and reasonable time to respond.
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Yes
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9H.
Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).
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Yes
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9I.
All charter renewal, non-renewal, and revocation decisions made in a public meeting, with authorizers stating reasons for non-renewals and revocations in writing.
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Some
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9J.
Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.
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No
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Educational Service Providers Allowed
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Idaho law allows a charter school board to legally contract with for-profit entities "for the provision of products or services that aid in the operation of the school." The law does not require a clear performance contract between charter schools and service providers (either for-profit or non-profit).
The law prevents many (but not all) conflicts of interest by prohibiting any member of a charter school board of directors from benefiting financially, whether directly or indirectly, from a contractual relationship with the school. Idaho law prohibits charter school board members, as public officers, from having an interest in any contract entered into by the board. The law generally prohibits charter school contracts from being awarded to spouses of charter school board members. The law does not require the disclosure of potential conflicts of interest in the charter application, as recommended in the model law.
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1
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2
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2
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10A.
All types of educational service providers (both for-profit and non-profit) explicitly allowed to operate all or parts of schools.
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Yes
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10B.
The charter application requires 1) performance data for all current and past schools operated by the ESP, including documentation of academic achievement and (if applicable) school management success; and 2) explanation and evidence of the ESP's capacity for successful growth while maintaining quality in existing schools.
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No
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10C.
A performance contract is required between the independent public charter school board and the ESP, setting forth material terms including but not limited to: performance evaluation measures; methods of contract oversight and enforcement by the charter school board; compensation structure and all fees to be paid to the ESP; and conditions for contract renewal and termination.
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No
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10D.
The material terms of the ESP performance contract must be approved by the authorizer prior to charter approval.
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No
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10E.
School governing boards operating as entities completely independent of any educational service provider (e.g., must retain independent oversight authority of their charter schools, and cannot give away their authority via contract).
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No
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10F.
Existing and potential conflicts of interest between the two entities are required to be disclosed and explained in the charter application.
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Some
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Fiscally and Legally Autonomous Schools, with Independent Public Charter School Boards
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Idaho law explicitly provides fiscal and legal autonomy to charter schools. The law requires charter schools to be organized and managed as nonprofit corporations governed by a board of directors. The law deems each charter school's board of directors to be public agents authorized by the local school board, the state charter school commission, or the state board of education to control the charter school, while functioning independently of the local school district or the state commission except as provided in the charter.
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4
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3
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12
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11A.
Fiscally autonomous schools (e.g., schools have clear statutory authority to receive and disburse funds, incur debt, and pledge, assign or encumber assets as collateral).
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Yes
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11B.
Legally autonomous schools (e.g., schools have clear statutory authority to enter into contracts and leases, sue and be sued in their own names, and acquire real property).
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Yes
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11C.
School governing boards created specifically to govern their charter schools.
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Yes
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Clear Student Recruitment, Enrollment and Lottery Procedures
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Idaho law provides that charter schools are open to any student in the state. The law sets forth a mandatory enrollment preference for students residing in the attendance area of the charter school.The law requires a lottery or other random method to select students if a charter school is oversubscribed. The law allows but does not require enrollment preferences for students returning to a charter school, siblings of enrolled students, and students living in the charter school's attendance area.
The law allows enrollment preference for founders' children, up to 10% of school capacity.
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3
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2
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6
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12A.
Open enrollment to any student in the state.
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Yes
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12B.
Lottery requirements.
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Yes
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12C.
Required enrollment preferences for previously enrolled students within conversions, prior year students within chartered schools, and siblings of enrolled students enrolled at a charter school.
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Some
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12D.
Optional enrollment preference for children of a school's founders, governing board members, and full-time employees, not exceeding 10% of the school's total student population.
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Some
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Automatic Exemptions from Many State and District Laws and Regulations
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Idaho law provides that charter schools are automatically exempt from most state laws and rules governing school districts. However, Idaho does not exempt charter schools from new laws passed in 2011 governing teacher and administrator evaluations, pay for performance, and classroom technology. These laws diminish charter autonomy over staffing, instructional design, and budgeting.
Idaho law requires charter school teachers to be certified, although teachers may apply for a waiver or any of the limited alternative certification options provided by the state board of education.
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2
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3
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6
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13A.
Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles.
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Some
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13B.
Exemption from state teacher certification requirements.
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Some
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Automatic Collective Bargaining Exemption
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Idaho law provides that charter schools are exempt from district collective bargaining agreements.
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4
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3
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12
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14A.
Charter schools authorized by non-local board authorizers are exempt from participation in district collective bargaining agreements.
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Yes
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14B.
Charter schools authorized by local boards are exempt from participation in district collective bargaining agreements.
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Yes
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Multi-School Charter Contracts and/or Multi-Charter Contract Boards Allowed
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Idaho law is silent regarding these arrangements.
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1
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2
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2
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15A.
Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.
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No
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15B.
Hold multiple charter contracts with independent fiscal and academic accountability for each school.
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No
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Extra-Curricular and Interscholastic Activities Eligibility and Access
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Idaho law is silent regarding charter eligibility and access.
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1
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1
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1
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16A.
Laws or regulations explicitly state that charter school students and employees are eligible to participate in all interscholastic leagues, competitions, awards, scholarships, and recognition programs available to non-charter public school students and employees.
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No
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16B.
Laws or regulations explicitly allow charter school students in schools not providing extra-curricular and interscholastic activities to have access to those activities at non-charter public schools for a fee by a mutual agreement.
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No
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Clear Identification of Special Education Responsibilities
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Idaho law states that for all purposes including special education, charter schools authorized by their local school board are part of the district LEA, while charter schools authorized by the state commission are each their own LEA. The law provides that the LEA (either the district or the charter school itself, as stated above) is responsible for providing and funding special education services.
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2
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2
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4
|
|
17A.
Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.
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Yes
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17B.
Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs).
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No
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Equitable Operational Funding and Equal Access to All State and Federal Categorical Funding
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Idaho law provides that charter schools are funded by the same state formula as district schools for operational funding, but they do not receive any local tax revenues or supplemental levies. The law limits charter school public funding to state sources and any federal dollars that schools qualify for. The state funding formula does not compensate for charters' lack of access to local revenues.
The law entitles each charter school to receive an advance payment from the state of 25% of its estimated per-pupil funding in the summer before its first year and each subsequent year in which the school expands enrollment by at least 20 students. It also provides that subsequent payments are to be made in the same manner as for district schools.
Idaho law provides that charter schools designated as LEAs receive federal funds directly.
The law provides that charter schools must receive from the state 85% of their actual cost for student transportation, provided on a reimbursement basis in July for the previous school year.
A recent national study of charter school funding (Charter School Funding: Inequity Persists, 2010) found that Idaho charter schools were receiving on average $6,178 per pupil, while districts would have received $8,179 per pupil to educate those students. Thus, charter schools were receiving $2,001 - or 24.5% -- less per pupil than districts would have received to educate those students. This comparison includes all sources of funding. The gap between charter and district per-pupil funding is largely attributable to charters' lack of access to 1) local revenues, and 2) capital and debt service funds. (See component #19 for information on capital funding).
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1
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4
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4
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|
18A.
Equitable operational funding statutorily driven.
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No
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18B.
Equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds.
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Yes
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18C.
Funding for transportation similar to school districts.
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Some
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Equitable Access to Capital Funding and Facilities
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Idaho law provides that charter schools are eligible for tax-exempt facilities financing using Nonprofit Facilities Revenue Bonds issued by the Idaho Housing and Financing Association.
The law gives school districts the authority to authorize the transfer or conveyance of any surplus district-owned property to various public entities including charter schools.
|
1
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4
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4
|
|
19A.
A per-pupil facilities allowance which annually reflects actual average district capital costs.
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No
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19B.
A state grant program for charter school facilities.
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No
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19C.
A state loan program for charter school facilities.
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No
|
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19D.
Equal access to tax-exempt bonding authorities or allow charter schools to have their own bonding authority.
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Yes
|
|
19E.
A mechanism to provide credit enhancement for public charter school facilities.
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No
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19F.
Equal access to existing state facilities programs available to non-charter public schools.
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No
|
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19G.
Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property.
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No
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19H.
Prohibition of facility-related requirements stricter than those applied to traditional public schools.
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No
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Access to Relevant Employee Retirement Systems
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|
Idaho law requires charter schools to participate in the state retirement system.
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2
|
2
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4
|
|
20A.
Charter schools have access to relevant state retirement systems available to other public schools.
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Yes
|
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20B.
Charter schools have the option to participate (i.e., not required).
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No
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