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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.
741
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
CHAPTER
52,
TITLE
33,
IDAHO
CODE,
BY
THE
AD
-
2
DITION
OF
A
NEW
SECTION
33
-
5207A,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
REGARDING
EARNED
AUTONOMY
FOR
PUBLIC
CHARTER
SCHOOLS;
AND
DECLARING
AN
4
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
52,
Title
33,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
33
-
5207A,
Idaho
Code,
and
to
read
as
follows:
9
33
-
5207A.
PUBLIC
CHARTER
SCHOOL
EARNED
AUTONOMY.
(1)
Notwithstanding
10
any
provision
of
law
to
the
contrary,
a
public
charter
school
that
is
not
a
1
1
virtual
school,
as
defined
in
section
33
-
5202A,
Idaho
Code,
and
that
sat
-
12
isfies
the
requirements
set
forth
in
section
33
-
5218(2)(b),
(e),
and
(g),
13
Idaho
Code,
may
spend
its
allocated
state
funding,
including
but
not
limited
14
to
discretionary
funds,
categorical
funds,
and
salary
apportionment,
in
the
15
manner
it
deems
best
serves
students
and
the
public
charter
school.
Partici
-
16
pation
shall
not
require
a
revision
to
the
public
charter
school's
charter
or
17
performance
certificate.
18
(2)
State
funding
for
participating
public
charter
schools
shall
be
19
based
on
each
school's
per
-
pupil
funding
in
the
prior
fiscal
year,
adjusted
20
to
account
for
changes
in
statewide
education
funding
and
changes
in
the
21
school's
population
in
the
subsequent
year,
by
multiplying
the
total
state
22
funding
allocated
to
the
public
charter
school
per
-
pupil
in
the
prior
fiscal
23
year
by
the
year
-
over
-
year
change.
To
determine
the
year
-
over
-
year
change:
24
(a)
Divide
the
prior
fiscal
year's
total
state
funds
by
the
prior
fiscal
25
year's
support
units;
26
(b)
Divide
the
subsequent
fiscal
year's
total
state
funds
by
the
subse
-
27
quent
fiscal
year's
support
units;
and
28
(c)
Calculate
the
difference
between
the
results
of
paragraphs
(a)
and
29
(b)
of
this
subsection.
30
(3)
Participating
public
charter
schools
shall
be
exempt
from
the
re
-
31
porting
requirements,
including
reporting
requirements
established
through
32
rulemaking
authority,
pursuant
to
sections
33
-
119,
33
-
1002,
33
-
1002B,
33
33
-
1004E,
33
-
1007,
33
-
1405,
33
-
1805,
33
-
1811,
and
33
-
2004,
Idaho
Code,
34
without
incurring
a
penalty
or
a
reduction
in
funding.
35
(4)
Participating
public
charter
schools
shall
automatically
maintain
36
spending
flexibility
from
year
to
year,
except
that
the
state
department
of
37
education
may
revoke
eligibility
if:
38
(a)
The
school
fails
to
receive
an
annual
unmodified
audit
opinion
or
if
39
the
auditor's
report
on
internal
controls
reports
one
(1)
or
more
mate
-
40
rial
weaknesses
or
significant
deficiencies;
41
2
(b)
The
school
fails
to
satisfy
the
academic
requirements
set
forth
in
1
section
33
-
5218(2)(g),
Idaho
Code,
for
two
(2)
or
more
years;
or
2
(c)
The
school's
charter
is
subsequently
revoked,
not
renewed,
or
re
-
3
newed
with
conditions.
4
(5)
Teachers
who
transition
from
a
participating
public
charter
school
5
to
another
public
school
shall
be
considered
to
have
advanced
along
the
ca
-
6
reer
ladder
for
each
year
of
work
at
the
participating
school.
7
(6)
In
2029,
the
state
board
of
education
shall
report
to
the
legis
-
8
lature
the
number
of
participating
schools
and
changes,
if
any,
in
student
9
growth
or
proficiency
on
the
Idaho
standards
achievement
test.
10
(7)
Nothing
in
this
section
shall
impact
the
appropriation
of
federal
1
1
and
dedicated
funds.
State
funding
for
public
charter
schools
that
are
not
12
participants
in
the
spending
flexibility
provided
in
this
section
shall
13
continue
to
be
calculated
and
allocated
pursuant
to
section
33
-
5207,
Idaho
14
Code.
15
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
16
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
17
July
1,
2026.
18