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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
710
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
512,
IDAHO
CODE,
TO
PROVIDE
THAT
2
INSTRUCTIONAL
HOURS
IN
A
SCHOOL
DISTRICT'S
ACADEMIC
YEAR
SHALL
NOT
BE
-
3
GIN
PRIOR
TO
THE
TUESDAY
FOLLOWING
LABOR
DAY;
AMENDING
SECTION
33
-
5206,
4
IDAHO
CODE,
TO
PROVIDE
THAT
INSTRUCTIONAL
HOURS
IN
A
PUBLIC
CHARTER
5
SCHOOL'S
ACADEMIC
YEAR
SHALL
NOT
BEGIN
PRIOR
TO
THE
TUESDAY
FOLLOWING
6
LABOR
DAY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
33
-
512,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
33
-
512.
GOVERNANCE
OF
SCHOOLS.
The
board
of
trustees
of
each
school
1
1
district
shall
have
the
following
powers
and
duties:
12
(1)
To
fix
the
days
of
the
year
and
the
hours
of
the
day
when
schools
13
shall
be
in
session.
However:
14
(a)
Each
school
district
shall
annually
adopt
and
implement
a
school
15
calendar
that
provides
its
students
at
each
grade
level
with
the
follow
-
16
ing
minimum
number
of
instructional
hours:
17
Grades
18
Hours
9
-
12
19
990
4
-
8
20
900
1
-
3
21
810
K
22
450
Alternative
schools
23
(any
grades)
24
900
(b)
School
assemblies,
testing
and
other
instructionally
related
ac
-
25
tivities
involving
students
directly
may
be
included
in
the
required
26
instructional
hours.
27
(c)
When
approved
by
a
local
school
board,
annual
instructional
hour
28
requirements
stated
in
paragraph
(a)
of
this
subsection
may
be
reduced
29
as
follows:
30
(i)
Up
to
a
total
of
twenty
-
two
(22)
hours
to
accommodate
staff
31
development
activities
conducted
on
such
days
as
the
local
school
32
board
deems
appropriate.
33
(ii)
Up
to
a
total
of
eleven
(11)
hours
of
emergency
school
clo
-
34
sures
due
to
adverse
weather
conditions
and
facility
failures.
35
However,
transportation
to
and
from
school,
passing
times
between
36
classes,
recess
and
lunch
periods
shall
not
be
included.
37
(d)
Student
and
staff
activities
related
to
the
opening
and
closing
of
38
the
school
year,
grade
reporting,
program
planning,
staff
meetings,
and
39
other
classroom
and
building
management
activities
shall
not
be
counted
40
2
as
instructional
time
or
in
the
reductions
provided
in
paragraph
(c)(i)
1
of
this
subsection.
2
(e)
For
multiple
shift
programs,
this
rule
applies
to
each
shift
(i.e.,
3
each
student
must
have
access
to
the
minimum
annual
required
hours
of
4
instruction).
5
(f)
The
instructional
time
requirement
for
grade
12
students
may
be
re
-
6
duced
by
action
of
a
local
school
board
for
an
amount
of
time
not
to
ex
-
7
ceed
eleven
(11)
hours
of
instructional
time.
8
(g)
The
state
superintendent
of
public
instruction
may
grant
an
ex
-
9
emption
from
the
provisions
of
this
section
for
an
individual
building
10
within
a
district,
when
the
closure
of
that
building,
for
unforeseen
1
1
circumstances,
does
not
affect
the
attendance
of
other
buildings
within
12
the
district.
13
(h)
The
state
board
of
education
may
grant
a
waiver
of
the
minimum
14
number
of
instructional
hours
for
a
school
district
when
districtwide
15
school
closures
are
necessary
as
a
result
of
natural
occurrences
cre
-
16
ating
unsafe
conditions
for
students.
A
county
or
state
disaster
17
declaration
must
have
been
issued
for
one
(1)
or
more
of
the
counties
18
in
which
the
school
district
is
located.
A
waiver
request
to
the
state
19
board
of
education
must
describe
the
efforts
by
the
school
district
to
20
make
up
lost
instructional
hours,
the
range
of
grades
impacted,
and
the
21
number
of
hours
the
school
district
is
requesting
be
waived.
22
(i)
The
reduction
of
instructional
hours
allowed
in
paragraphs
(f)
23
through
(h)
of
this
subsection
may
not
be
combined
in
a
single
school
24
year.
25
(j)
Instructional
hours
shall
not
begin
prior
to
the
Tuesday
following
26
Labor
Day
in
any
academic
year.
27
(2)
To
adopt
and
carry
on
and
to
provide
for
the
financing
of
a
total
ed
-
28
ucational
program
for
the
district.
Such
programs
in
other
than
elementary
29
school
districts
may
include
education
programs
for
out
-
of
-
school
youth
and
30
adults,
and
such
districts
may
provide
classes
in
kindergarten;
31
(3)
To
provide,
or
require
pupils
to
be
provided
with,
suitable
text
-
32
books
and
supplies
and,
for
advice
on
textbook
selections,
may
appoint
a
cur
-
33
ricular
materials
adoption
committee
as
provided
in
section
33
-
512A,
Idaho
34
Code;
35
(4)
To
protect
the
morals
and
health
of
the
pupils;
36
(5)
To
exclude
from
school
children
not
of
school
age;
37
(6)
To
prescribe
rules
for
the
disciplining
of
unruly
or
insubordinate
38
pupils,
including
rules
on
student
harassment,
intimidation
and
bullying,
39
such
rules
to
be
included
in
a
district
discipline
code
adopted
by
the
board
40
of
trustees
and
a
summarized
version
thereof
to
be
provided
in
writing
at
the
41
beginning
of
each
school
year
to
the
teachers
and
students
in
the
district
42
in
a
manner
consistent
with
the
student's
age,
grade
and
level
of
academic
43
achievement;
44
(7)
To
exclude
from
school
pupils
with
contagious
or
infectious
dis
-
45
eases
who
are
diagnosed
or
suspected
as
having
a
contagious
or
infectious
46
disease
or
those
who
are
not
immune
and
have
been
exposed
to
a
contagious
or
47
infectious
disease;
and
to
close
school
if
the
board
determines
that
condi
-
48
tions
warrant
such
closure,
based
on
consultation
with
the
district
health
49
3
department
of
the
public
health
district
in
which
the
school
district
is
lo
-
1
cated;
2
(8)
To
equip
and
maintain
a
suitable
library
or
libraries
in
the
school
3
or
schools
and
to
exclude
therefrom,
and
from
the
schools,
all
books,
tracts,
4
papers,
and
catechisms
of
sectarian
nature;
5
(9)
To
determine
school
holidays.
Any
listing
of
school
holidays
shall
6
include
not
less
than
the
following:
New
Year's
Day,
Memorial
Day,
Indepen
-
7
dence
Day,
Thanksgiving
Day,
and
Christmas
Day.
Other
days
listed
in
section
8
73
-
108,
Idaho
Code,
if
the
same
shall
fall
on
a
school
day,
shall
be
observed
9
with
appropriate
ceremonies;
and
any
days
the
state
board
of
education
may
10
designate,
following
the
proclamation
by
the
governor,
shall
be
school
holi
-
1
1
days;
12
(10)
To
erect
and
maintain
on
each
schoolhouse
or
school
grounds
a
suit
-
13
able
flagstaff
or
flagpole
and
display
thereon
the
flag
of
the
United
States
14
of
America
on
all
days,
except
during
inclement
weather,
when
the
school
is
15
in
session;
and
for
each
Veterans
Day,
each
school
in
session
shall
conduct
16
and
observe
an
appropriate
program
of
at
least
one
(1)
class
period
remember
-
17
ing
and
honoring
American
veterans;
18
(11)
To
prohibit
entrance
to
each
schoolhouse
or
school
grounds,
to
pro
-
19
hibit
loitering
in
schoolhouses
or
on
school
grounds
and
to
provide
for
the
20
removal
from
each
schoolhouse
or
school
grounds
of
any
individual
or
indi
-
21
viduals
who
disrupt
the
educational
processes
or
whose
presence
is
detrimen
-
22
tal
to
the
morals,
health,
safety,
academic
learning
or
discipline
of
the
23
pupils.
A
person
who
disrupts
the
educational
process
or
whose
presence
is
24
detrimental
to
the
morals,
health,
safety,
academic
learning
or
discipline
25
of
the
pupils,
or
who
loiters
in
schoolhouses
or
on
school
grounds,
is
guilty
26
of
a
misdemeanor;
27
(12)
To
supervise
and
regulate,
including
by
contract
with
established
28
entities,
those
extracurricular
activities
that
are
by
definition
outside
29
of
or
in
addition
to
the
regular
academic
courses
or
curriculum
of
a
public
30
school,
and
which
extracurricular
activities
shall
not
be
considered
to
be
a
31
property,
liberty
or
contract
right
of
any
student,
and
such
extracurricular
32
activities
shall
not
be
deemed
a
necessary
element
of
a
public
school
educa
-
33
tion
but
shall
be
considered
to
be
a
privilege.
For
the
purposes
of
extracur
-
34
ricular
activities,
any
secondary
school
located
in
this
state
that
is
ac
-
35
credited
by
an
organization
approved
through
a
process
defined
by
the
state
36
department
of
education
shall
be
able
to
fully
participate
in
all
extracur
-
37
ricular
activities
described
in
and
governed
by
the
provisions
of
this
sub
-
38
section;
39
(13)
To
govern
the
school
district
in
compliance
with
state
law
and
40
rules
of
the
state
board
of
education;
41
(14)
To
submit
to
the
superintendent
of
public
instruction
not
later
42
than
July
1
of
each
year
documentation
that
meets
the
reporting
requirements
43
of
the
federal
gun
-
free
schools
act
of
1994
as
contained
within
the
federal
44
improving
America's
schools
act
of
1994;
45
(15)
To
require
that
all
certificated
and
noncertificated
employees
46
hired
on
or
after
July
1,
2008,
and
other
individuals
who
are
required
by
47
the
provisions
of
section
33
-
130,
Idaho
Code,
to
undergo
a
criminal
history
48
check
shall
submit
a
completed
ten
(10)
finger
fingerprint
card
or
scan
to
49
the
department
of
education
no
later
than
five
(5)
days
following
the
first
50
4
day
of
employment
or
unsupervised
contact
with
students
in
a
K
-
12
setting,
1
whichever
is
sooner.
Such
employees
and
other
individuals
shall
pay
the
cost
2
of
the
criminal
history
check.
If
the
criminal
history
check
shows
that
the
3
employee
has
been
convicted
of
a
felony
crime
enumerated
in
section
33
-
1208,
4
Idaho
Code,
it
shall
be
grounds
for
immediate
termination,
dismissal
or
5
other
personnel
action
of
the
district,
except
that
it
shall
be
the
right
6
of
the
school
district
to
evaluate
whether
an
individual
convicted
of
one
7
of
these
crimes
and
having
been
incarcerated
for
that
crime
shall
be
hired.
8
Provided
however,
that
any
individual
convicted
of
any
felony
offense
listed
9
in
section
33
-
1208(2),
Idaho
Code,
shall
not
be
hired.
For
the
purposes
of
10
criminal
history
checks,
a
substitute
teacher
is
any
individual
who
tem
-
1
1
porarily
replaces
a
certificated
classroom
educator
and
is
paid
a
substitute
12
teacher
wage
for
one
(1)
day
or
more
during
a
school
year.
A
substitute
13
teacher
who
has
undergone
a
criminal
history
check
at
the
request
of
one
(1)
14
district
in
which
he
has
been
employed
as
a
substitute
shall
not
be
required
15
to
undergo
an
additional
criminal
history
check
at
the
request
of
any
other
16
district
in
which
he
is
employed
as
a
substitute
if
the
teacher
has
obtained
17
a
criminal
history
check
within
the
previous
five
(5)
years.
If
the
district
18
next
employing
the
substitute
still
elects
to
require
another
criminal
his
-
19
tory
check
within
the
five
(5)
year
period,
that
district
shall
pay
the
cost
20
of
the
criminal
history
check
or
reimburse
the
substitute
teacher
for
such
21
cost.
To
remain
on
the
statewide
substitute
teacher
list
maintained
by
the
22
state
department
of
education,
the
substitute
teacher
shall
undergo
a
crimi
-
23
nal
history
check
every
five
(5)
years;
24
(16)
To
develop
and
maintain
a
safe
environment
for
students
and
employ
-
25
ees
by:
26
(a)
Developing
a
system
of
background
checks
for
all
persons
who
have
27
unsupervised
contact
with
students
in
a
kindergarten
through
grade
12
28
setting,
which
shall
include
but
shall
not
be
limited
to
a
check
of
the
29
Idaho
sex
offender
central
registry
provided
in
chapter
83,
title
18,
30
Idaho
Code;
31
(b)
Requiring
each
school
in
the
school
district
to
create
and
maintain
32
an
emergency
operations
plan
for
each
school
that
is
approved
by
the
33
board.
The
board
shall
ensure
plans
are
developed
in
coordination
with
34
local
school
staff
and
local
emergency
response
agencies
and
reviewed
35
at
least
annually
for
updates
and
changes.
Plans
shall
meet
the
guide
-
36
lines
adopted
by
the
Idaho
school
safety
and
security
advisory
board;
37
and
38
(c)
Requiring
all
school
district
staff
to
receive
initial
and
an
-
39
nual
emergency
operations
training
that
provides
instruction
on
how
to
40
conduct
exercises
in
order
to
respond
to
emergencies
according
to
the
41
guidelines
established
by
the
Idaho
school
safety
and
security
advisory
42
board;
and
43
(17)
To
provide
support
for
teachers
in
their
first
two
(2)
years
in
the
44
profession
in
the
areas
of:
administrative
and
supervisory
support,
mentor
-
45
ing,
peer
assistance
and
professional
development.
46
SECTION
2.
That
Section
33
-
5206,
Idaho
Code,
be,
and
the
same
is
hereby
47
amended
to
read
as
follows:
48
5
33
-
5206.
REQUIREMENTS
FOR
OPERATING
A
PUBLIC
CHARTER
SCHOOL.
(1)
A
1
public
charter
school
shall
be
nonsectarian
in
its
programs,
affiliations,
2
admission
policies,
employment
practices,
and
all
other
operations,
shall
3
not
charge
tuition,
levy
taxes,
or
issue
bonds,
and
shall
not
discriminate
4
against
any
student
on
any
basis
prohibited
by
the
federal
or
state
consti
-
5
tution
or
any
federal,
state,
or
local
law.
Public
charter
schools
shall
6
comply
with
the
federal
individuals
with
disabilities
education
act.
Ad
-
7
mission
to
a
public
charter
school
shall
not
be
determined
according
to
the
8
place
of
residence
of
the
student
or
of
the
student's
parent
or
guardian
9
within
the
district.
10
(2)
No
board
of
trustees
of
a
public
school
district
may
require:
1
1
(a)
Any
employee
of
the
school
district
to
be
involuntarily
assigned
to
12
work
in
a
public
charter
school;
or
13
(b)
Any
student
enrolled
in
the
school
district
to
attend
a
public
char
-
14
ter
school.
15
(3)
Employment
of
charter
school
teachers
and
administrators
shall
be
16
on
written
contract.
17
(4)
Administrators
may
be
certified
pursuant
to
the
requirements
set
18
forth
in
chapter
12,
title
33,
Idaho
Code,
pertaining
to
traditional
public
19
schools
or
may
hold
a
charter
school
administrator
certificate,
which
re
-
20
quires
that
the
administrator:
21
(a)
Holds
a
bachelor's
degree
from
an
accredited
four
(4)
year
institu
-
22
tion;
23
(b)
Submits
to
a
criminal
history
check
as
described
in
section
33
-
130,
24
Idaho
Code;
25
(c)
Completes
a
course
consisting
of
a
minimum
of
three
(3)
semester
26
credits
in
the
statewide
framework
for
teacher
evaluations,
which
shall
27
include
a
laboratory
component;
28
(d)
Submits
a
letter
of
support
from
a
charter
holder;
and
29
(e)
Has
one
(1)
or
more
of
the
following:
30
(i)
Four
(4)
or
more
years
of
experience
administering
a
public
31
charter
school;
32
(ii)
A
postbaccalaureate
degree
and
a
minimum
of
five
(5)
years
33
of
experience
in
school
administration,
public
administration,
34
business
administration,
or
military
administration;
35
(iii)
Successful
completion
of
a
nationally
recognized
charter
36
school
leaders
fellowship;
or
37
(iv)
Four
(4)
or
more
years
of
teaching
experience
and
a
commit
-
38
ment
from
an
administrator
at
a
charter
school
in
academic,
op
-
39
erational,
and
financial
good
standing,
according
to
its
autho
-
40
rizer's
most
recent
review,
to
mentor
the
applicant
for
a
minimum
41
of
one
(1)
year.
42
(5)
A
charter
school
administrator
certificate
is
valid
for
five
(5)
43
years
and
renewable
thereafter.
Administrators
shall
be
subject
to
over
-
44
sight
by
the
professional
standards
commission.
Certificates
may
be
revoked
45
pursuant
to
the
provisions
of
section
33
-
1208,
Idaho
Code.
Issuance
of
a
46
certificate
to
any
applicant
may
be
refused
for
such
reason
as
would
have
47
constituted
grounds
for
revocation.
48
(6)
Certified
teachers
in
a
public
charter
school
shall
be
considered
49
public
school
teachers.
Educational
experience
shall
accrue
for
service
in
50
6
a
public
charter
school
and
be
counted
by
any
school
district
for
any
teacher
1
who
has
been
employed
in
a
public
charter
school.
The
staff
of
the
public
2
charter
school
shall
be
considered
a
separate
unit
for
the
purposes
of
col
-
3
lective
bargaining.
4
(7)
Charter
school
teachers
may
be
certified
pursuant
to
the
require
-
5
ments
set
forth
in
chapter
12,
title
33,
Idaho
Code,
pertaining
to
tradi
-
6
tional
public
school
districts
or
may
hold
a
charter
school
-
specific
teach
-
7
ing
certificate.
8
(a)
Criteria
for
a
charter
school
-
specific
teaching
certificate
shall
9
be
in
writing
and
require
that
teachers
satisfy
the
provisions
set
forth
10
in
section
33
-
1202
1.,
3.,
and
4.,
Idaho
Code,
and
meet
the
following
1
1
minimum
educational
or
professional
qualifications:
12
(i)
Hold
a
bachelor's
degree
from
an
accredited
institution;
or
13
(ii)
If
instructing
students
in
the
fields
of
career
technical
14
education,
satisfy
the
provisions
of
section
33
-
2205(6)(a),
Idaho
15
Code.
Career
technical
education
programs
taught
by
teachers
16
with
a
charter
school
-
specific
teaching
certificate
shall
receive
17
added
-
cost
funding
set
forth
in
section
33
-
2215,
Idaho
Code,
in
an
18
amount
equal
to
programs
taught
by
teachers
with
an
occupational
19
specialist
teaching
certificate.
20
(b)
Teachers
with
a
charter
school
-
specific
teaching
certificate
shall
21
receive
mentoring
and
professional
development
as
approved
by
the
char
-
22
ter
holder.
23
(c)
The
state
board
of
education
shall
issue
charter
school
-
specific
24
teaching
certificates
to
teachers
upon
recommendation
of
the
individ
-
25
ual
charter
school,
unless
denied
on
the
grounds
set
forth
in
section
26
33
-
1208,
Idaho
Code.
27
(d)
For
teachers
holding
a
charter
school
-
specific
teaching
certifi
-
28
cate,
a
charter
school
may
substitute
its
own
ongoing
education
and
pro
-
29
fessional
development
requirements
in
place
of
those
set
forth
in
rule
30
by
the
state
board
of
education
if
the
same
number
of
credit
hours
is
31
required
as
that
of
teachers
holding
a
standard
instructional
certifi
-
32
cate.
33
(8)
Public
charter
schools
may
contract
with
educational
services
34
providers
subject
to
the
following
provisions:
35
(a)
Educational
services
providers
shall
be
third
-
party
entities
sepa
-
36
rate
from
the
public
charter
schools
with
which
they
contract
and
shall
37
not
be
considered
governmental
entities,
provided
that
such
contracts
38
may
be
evaluated
by
the
authorizer;
39
(b)
No
more
than
one
-
third
(1/3)
of
the
public
charter
school's
board
40
membership
may
be
comprised
of
nonprofit
educational
services
provider
41
representatives.
Nonprofit
educational
services
provider
repre
-
42
sentatives
may
not
be
employees
of
the
public
charter
school
or
the
43
educational
services
provider
and
may
not
hold
office
as
president
or
44
treasurer
on
the
public
charter
school's
board.
For
-
profit
educational
45
services
providers
may
not
have
representatives
on
the
public
charter
46
school's
board
of
directors;
47
(c)
Charter
holders
shall
annually
disclose
any
existing
and
potential
48
conflicts
of
interest,
pecuniary
or
otherwise,
with
affiliated
educa
-
49
tional
services
providers;
50
7
(d)
Charter
holders
shall
retain
accountability
for
academic,
fiscal,
1
and
organizational
operations
and
outcomes
of
the
school
and
may
not
re
-
2
linquish
this
responsibility
to
any
other
entity;
3
(e)
Contracts
must
ensure
that
school
boards
retain
the
right
to
termi
-
4
nate
the
contract
for
failure
to
meet
defined
performance
standards
af
-
5
ter
notice
and
a
reasonable
cure
period
has
expired
and
if
material
de
-
6
ficiencies
have
not
been
cured
prior
to
that
time
period
expiring;
7
(f)
Contracts
must
ensure
that
assets
purchased
by
educational
ser
-
8
vices
providers
on
behalf
of
the
school,
using
public
funds,
shall
9
remain
assets
of
the
school.
The
provisions
of
this
paragraph
shall
10
not
prevent
educational
services
providers
from
acquiring
assets
using
1
1
revenue
acquired
through
management
fees;
12
(g)
Charter
holders
shall
consult
legal
counsel
independent
of
the
13
party
with
whom
they
are
contracting
for
purposes
of
reviewing
the
14
school's
management
contract
and
facility
lease
or
purchase
agreements
15
to
ensure
compliance
with
applicable
state
and
federal
law,
including
16
requirements
that
state
entities
not
enter
into
contracts
that
obligate
17
them
beyond
the
terms
of
any
appropriation
of
funds
by
the
state
legis
-
18
lature;
19
(h)
Charter
holders
must
ensure
that
their
facility
contracts
are
sepa
-
20
rate
from
management
contracts;
and
21
(i)
A
virtual
school
shall
be
deemed
financially
sufficient
if
there
is
22
an
agreement
that
requires
an
educational
services
provider
to
assume
23
the
virtual
school's
financial
risk
when
it
does
not
have
sufficient
24
residual
funds
to
pay
the
educational
services
provider.
Where
this
25
paragraph
is
applicable,
the
educational
services
provider
shall
make
26
its
audited
financial
statements
available,
unless
the
educational
27
services
provider
already
makes
such
audited
financial
statements
pub
-
28
licly
available
for
compliance
with
other
federal
or
state
laws.
29
(9)
Admission
procedures,
including
provision
for
over
-
enrollment,
30
shall
provide
that
the
initial
admission
procedures
for
a
public
charter
31
school
will
be
determined
by
lottery
or
other
random
method,
except
as
oth
-
32
erwise
provided
in
this
section.
A
charter
holder
shall
strive
to
ensure
33
that
citizens
in
the
primary
attendance
area
are
made
aware
of
the
enrollment
34
opportunities
and
deadline.
The
public
notice
must
include
the
enrollment
35
deadline,
the
public
charter
school's
total
enrollment
capacity
for
the
next
36
school
year,
and
an
advisory
that
all
prospective
students
will
be
given
37
the
opportunity
to
enroll
in
the
public
charter
school
regardless
of
race,
38
color,
national
origin,
ethnicity,
religion,
gender,
socioeconomic
status,
39
or
special
needs.
40
(a)
If
initial
capacity
is
insufficient
to
enroll
all
pupils
who
submit
41
a
timely
application,
then
the
admission
procedures
may
provide
that
42
preference
shall
be
given
in
the
following
order:
first,
to
children
43
of
founders,
provided
that
this
admission
preference
shall
be
limited
44
to
not
more
than
ten
percent
(10%)
of
the
capacity
of
the
public
charter
45
school;
second,
to
siblings
of
pupils
already
selected
by
the
lottery
46
or
other
random
method;
third,
to
pupils
seeking
to
transfer
from
an
-
47
other
Idaho
public
charter
school
or
authorizer
at
which
they
have
been
48
enrolled
for
at
least
one
(1)
year,
provided
that
this
admission
prefer
-
49
ence
shall
be
subject
to
an
existing
written
agreement
for
such
prefer
-
50
8
ence
between
the
subject
charter
schools
or
authorizer;
fourth,
to
stu
-
1
dents
residing
within
the
primary
attendance
area
of
the
public
charter
2
school;
and
fifth,
by
an
equitable
selection
process
such
as
a
lottery
3
or
other
random
method.
A
public
charter
school
may
weight
the
school's
4
lottery
to
preference
admission
for
the
following
educationally
dis
-
5
advantaged
students:
students
living
at
or
below
one
hundred
eighty
-
6
five
percent
(185%)
of
the
federal
poverty
level,
students
who
are
home
-
7
less
or
in
foster
care,
children
with
disabilities
as
defined
in
sec
-
8
tion
33
-
2001,
Idaho
Code,
students
with
limited
English
proficiency,
9
and
students
who
are
at
-
risk
as
defined
in
section
33
-
1001,
Idaho
Code.
10
A
public
charter
school
may
include
the
children
of
full
-
time
employees
1
1
of
the
public
charter
school
within
the
first
priority
group,
subject
to
12
the
limitations
therein.
13
(b)
If
capacity
is
insufficient
to
enroll
all
pupils
who
submit
a
timely
14
application
for
subsequent
school
terms,
then
the
admission
procedures
15
may
provide
that
preference
shall
be
given
in
the
following
order:
16
first,
to
pupils
returning
to
the
public
charter
school
in
the
second
17
or
any
subsequent
year
of
its
operation;
and
then
as
provided
in
para
-
18
graph
(a)
of
this
subsection.
The
sibling
preference
in
subsequent
19
school
years
applies
to
siblings
of
a
returning
pupil
and
of
a
pupil
20
selected
by
the
lottery
or
other
random
method.
A
new
lottery
shall
be
21
conducted
each
year
to
fill
vacancies
that
become
available.
A
public
22
charter
school
may
weight
the
school's
lottery
to
preference
admission
23
as
provided
in
this
paragraph
and
paragraph
(a)
of
this
subsection
and
24
for
children
who
attended
the
public
charter
school
within
the
previous
25
three
(3)
school
years
but
withdrew
as
a
result
of
the
relocation
of
a
26
parent
or
guardian
due
to
an
academic
sabbatical
or
an
employer
or
mili
-
27
tary
transfer
or
reassignment.
28
(c)
Each
public
charter
school
shall
establish
a
process
under
which
a
29
child
may
apply
for
enrollment
or
register
for
courses,
regardless
of
30
where
such
child
resides
at
the
time
of
application
or
registration,
if
31
the
child
is
a
dependent
of
a
member
of
the
United
States
armed
forces
32
who
has
received
transfer
orders
to
a
location
in
Idaho
and
will,
upon
33
such
transfer,
reside
in
an
area
served
by
the
public
charter
school.
34
If
capacity
is
insufficient
as
described
in
paragraph
(a)
or
(b)
of
this
35
subsection,
a
child
described
in
this
paragraph
shall
be
treated
as
a
36
student
residing
within
the
primary
attendance
area
of
the
public
char
-
37
ter
school
for
purposes
of
preference.
Otherwise,
such
children
shall
38
be
included
in
the
highest
priority
group
for
which
they
would
otherwise
39
be
eligible.
40
(d)
Admission
to
a
public
charter
school
shall
be
determined
by
a
selec
-
41
tion
process
held
within
seven
(7)
days
of
the
enrollment
deadlines
es
-
42
tablished
by
the
charter
holder.
The
selection
process
must
take
place
43
in
a
public
setting,
the
date
and
time
of
which
must
be
noticed
to
the
44
public
at
least
forty
-
eight
(48)
hours
in
advance.
45
(e)
Within
seven
(7)
days
after
conducting
the
selection
process,
the
46
charter
holder
shall
send
an
offer
to
the
legal
guardian
who
submitted
a
47
written
request
for
admission
on
behalf
of
a
student
notifying
such
per
-
48
son
that
the
student
has
been
selected
for
admission
to
the
public
char
-
49
ter
school.
An
offer
must
be
signed
by
such
student's
parent
or
guardian
50
9
and
returned
to
the
public
charter
school
by
the
date
designated
in
such
1
offer
letter.
Remaining
students
shall
be
notified
that
they
may
be
el
-
2
igible
for
admission
at
a
later
date
if
a
seat
becomes
available.
3
(f)
If
a
school
exceeds
its
projected
student
count
in
a
lottery
and
4
a
sufficient
wait
list
exists,
the
school
may
increase
enrollment
by
5
adding
additional
students
per
grade,
not
to
exceed
the
total
amount
of
6
students
authorized
by
the
charter.
7
(10)
Instructional
hours
for
a
public
charter
school
shall
not
begin
8
prior
to
the
Tuesday
following
Labor
Day
in
any
academic
year.
9
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
10
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
1
1
July
1,
2026.
12