(1) The creation of public charter schools is hereby authorized. Public charter schools shall be part of the state’s program of public education.
(2)  New public charter schools, which may begin educational instruction in any one (1) school year, shall be subject to the following:
(a)  No whole school district may be converted to a charter district or any configuration that includes all schools as public charter schools; and
(b)  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, unless the authorized chartering entity agrees to a later date; and
(c)  To begin operations, a newly chartered public school must be authorized by no later than January 1 of the previous school year.

Terms Used In Idaho Code 33-5203

  • Authorized chartering entity: means any of the following:
Idaho Code 33-5202A
  • Charter: means the grant of authority approved by the authorized chartering entity to the board of directors of the public charter school. See Idaho Code 33-5202A
  • Charter holder: means the public charter school’s board of directors to which a charter is granted pursuant to chapter 52, title 33, Idaho Code. See Idaho Code 33-5202A
  • Petition: means the document submitted by a person or persons to the authorized chartering entity to request the creation of a public charter school. See Idaho Code 33-5202A
  • Public charter school: means a school that is authorized under this chapter to deliver public education in Idaho with 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. See Idaho Code 33-5202A
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Traditional public school: means any school existing or to be built that is operated and controlled by a school district in this state. See Idaho Code 33-5202A
  • Virtual school: means either a public charter school or a traditional public 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. See Idaho Code 33-5202A
    • (3)  A public charter school may be formed either by creating a new public charter school or by replicating an existing high-performing public charter school, which charter may be approved by any authorized chartering entity, or by converting an existing traditional public school to a public charter school, which charter 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 public virtual school charter may be approved by any authorized chartering entity. In addition, a charter may also be approved by the state board of education pursuant to section 33-5207(5)(b), Idaho Code.
    (6)  A charter holder may not operate enterprises other than the public charter schools for which it has been authorized.
    (7)  The state board of education shall adopt rules, subject to law, to establish a consistent application and review process for the approval and maintenance of all public charter schools.
    (8)  Each public charter school authorized by an authorized chartering entity other than a local school district board of trustees is hereby designated as a local education agency (LEA) as such term is defined in 34 C.F.R. § 300.28. Public charter schools chartered by the board of trustees of a school district may also be designated by the board of trustees as an LEA, with the concurrence of the public charter school board of directors. Otherwise, the public charter school shall be included in that district’s LEA.