Idaho

Idaho law does not place any caps on charter school growth.

Idaho law allows new start-ups and public school conversions.

Idaho law allows the following entities to authorize charter schools: local school boards, a state charter school commission, a state public college, university, or community college, and a private, nonprofit, state-based, nonsectarian college or university that is accredited by the same organization that accredits state public colleges and universities. The law also allows the state board of education to authorize schools upon appeal if denied by an authorizer other than a local school board and to redirect denials by local school boards to the state charter school commission. The law provides that virtual charter school applications may be submitted to any authorizer except a local school board.

Idaho law includes a small number of the model law's provisions for authorizer and overall program accountability.While the law does not require the legislature and governor to regularly review the performance of the state charter school commission as an authorizer, they can do so at any time. In addition, the legislature and governor can remove the ability of the state charter school commission to continue authorizing (the entities that gave it that authority).
The law does not require at least a registration process for school boards to affirm their interest in chartering to the state, does not require an application process for higher education authorizing entities, does not require authorizer submission of an annual report that summarizes the agency’s authorizing activities as well as the performance of its school portfolio, does not require a regular review process by the state of local school board and higher education authorizers, does not give the state the authority to sanction local school board and higher education authorizers, and does not require a periodic formal evaluation of overall state charter school program and outcomes.

Idaho law includes a small number of the model law's provisions regarding adequate authorizer funding.
The law requires each public charter school to pay an authorizer fee to its authorized chartering entity to defray the actual documented cost of monitoring, evaluation and oversight, which, in the case of public charter schools authorized by the public charter school commission, shall include each school's proportional fee share of all moneys appropriated to the public charter school commission, plus 15%. The law allows each public charter school's board of directors to direct up to 10% of the calculated fee to pay membership fees to an organization or association that provides technical assistance, training and advocacy for Idaho public charter schools.

Unless the authorized chartering entity declines payment, such fee shall not exceed the greater of:
(a) all state funds distributed to public schools on a support unit basis for the prior fiscal year, divided by the statewide number of public school students in average daily attendance in the first reporting period in the prior fiscal year; or the lesser of the result of the calculation in (a) multiplied by 4 or 1.5% of the result of the calculation in (a) multiplied by the public charter school's average daily attendance in the first reporting period in the current fiscal year.

Idaho law and regulations set forth general application elements for all charter petitions. The law includes requirements specific to conversion schools and using educational service providers.The law requires a public hearing for each charter application, but it does not require in-person interviews.

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.

Idaho law requires the authorized chartering entity and the governing board of the approved public charter school to execute a performance certificate that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged and the administrative relationship between the authorized chartering entity and public charter school, including each party's rights and duties.
Idaho law requires the performance certificate to be based upon a performance framework that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the authorizer’s evaluations of each public charter school.

Idaho law requires that an initial charter shall be granted for a term of three operating years.

The law provides that an authorized chartering entity shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the performance certificate. For each public charter school it oversees, the law requires the authorizer to be responsible for analyzing and reporting all data from state assessments in accordance with the performance framework. 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 audit of fiscal operations 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.

Legislation enacted in 2020 now requires that if a public charter school ends its fiscal year with less than fifteen days cash on hand, the school has one full fiscal year to cure any deficiency. If the school fails to correct the deficiency, the school’s authorizer is to begin the charter revocation process; schools in their initial two years, and virtual charter schools, are exempt from this provision.

The law provides that every authorized chartering entity shall have the authority to conduct or require oversight activities that enable the authorized chartering entity to fulfill its responsibilities, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of the state’s charter law, adhere to the terms of the performance certificate, and do not unduly inhibit the autonomy granted to public charter schools.

The law provides that each authorized chartering entity shall annually publish and make available to the public a performance report for each public charter school it oversees, in accordance with the performance framework set forth in the performance certificate. It also provides that authorized chartering entity may require each public charter school it oversees to submit an annual report to assist the authorized chartering entity in gathering complete information about each school consistent with the performance framework.

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.

No later than November 15 of each year, the law requires the authorized chartering entity to issue a public charter school performance report and charter renewal application guidance to any public charter school whose charter will expire the following year. It requires the performance report to summarize the public charter school's performance record to date, based upon the data required by the state’s charter law and the performance certificate and provide notice of any weaknesses or concerns determined by the authorized chartering entity concerning the public charter school that may jeopardize its position in seeking renewal, if not timely rectified. The law provides the public charter school with thirty days to respond to the performance report and submit any corrections or clarifications for the report.
The law provides that the renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal and describe improvements undertaken or planned for the school. The law provides that the renewal application guidance shall include or refer explicitly to the criteria that will guide the authorized chartering entity's renewal decisions, which shall be based on independent fiscal audits and the performance framework set forth in the performance certificate.

No later than December 15, the law requires the governing board of a public charter school seeking renewal to submit a renewal application to the authorized chartering entity pursuant to the renewal application guidance issued by the authorized chartering entity.

The law includes a differentiated process for the renewal of high performing charter schools.

The law requires an authorized chartering entity to renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal. It provides that an authorized chartering entity may renew or nonrenew any charter in which the public charter school failed to meet one or more of the terms of its performance certificate.

The law provides that a charter may be revoked by the authorized chartering entity if the public charter school has failed to meet any of the specific, written conditions for necessary improvements established pursuant to certain provisions of state law by the dates specified.

In making charter renewal decisions, the law requires every authorized chartering entity to ground its decisions in evidence of the school's performance over the term of the performance certificate in accordance with the performance framework set forth in the performance certificate, ensure that data used in making renewal decisions are available to the school and the public, and provide a public report summarizing the evidence basis for each decision.

Following the initial three year term, the law provides that an authorized chartering entity may nonrenew or grant renewal for an additional five years, based upon the performance of the public charter school on the performance indicators, measures and metrics contained in the performance certificate. The law provides that subsequent renewals shall be for a term of five years.

The law requires an authorized chartering entity to develop revocation and nonrenewal processes that: provide the charter holders with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure, which shall be limited to failure to meet the terms of the performance certificate or the written conditions established by the authorizer; allow the charter holders a reasonable amount of time in which to prepare a response; provide the charter holders with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose; allow the charter holders to be represented by counsel and to call witnesses on their behalf; permit the recording of such proceedings; and, after a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the charter holders.

The law provides that revocation may not occur until the public charter school has been afforded a public hearing, unless the authorized chartering entity determines that the continued operation of the public charter school presents an imminent public safety issue, in which case the charter may be revoked immediately. The law provides that public hearings shall be conducted by the authorized chartering entity or such other person or persons appointed by the authorized chartering entity to conduct public hearings and receive evidence as a contested case. The law provides that notice and opportunity to reply shall include, at a minimum, written notice setting out the basis for consideration of revocation, a period of not less than thirty days within which the public charter school can reply in writing, and a public hearing within thirty days of the receipt of the written reply.

The law provides that if an authorized chartering entity revokes or does not renew a charter, the authorized chartering entity shall clearly state, in a resolution of its governing board, the reasons for the revocation or nonrenewal.

The law requires authorizers to have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.

The law provides that a charter contract may be transferred to any authorizing charter entity in the state, provided that the current authorizer, new authorizer, and board of the charter school agree. There is no requirement that the state approve any such transfer, though there is an opportunity to appeal to the state board of education if there is a disagreement over transferring a charter.

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 requires that prior to approval of the charter petition indicating the school board’s intention to contract with an educational services provider, authorized chartering entities shall conduct a thorough evaluation of the academic, financial and organizational outcomes of other schools that have contracted with the educational services provider and evidence of the educational services provider’s capacity to successfully grow the public charter school while maintaining quality management and instruction in existing schools.
The law requires contracts between the charter school board and the educational service provider to ensure the board’s right to terminate for failure to meet defined performance standards, but such contracts are not required to be approved by the school’s authorizer.
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 requires that ESPs, whether for-profit or nonprofit, shall be third-party entities separate from the public charter schools with which they contract. No more than one-third (1/3) of the public charter school’s board membership may be comprised of nonprofit educational services provider representatives. Nonprofit educational services provider representatives may not be employees of the public charter school or the educational services provider and may not hold office as president or treasurer on the public charter school’s board. For-profit educational services providers may not have representatives on the public charter school’s board of directors.

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 approved by their authorizer to control the charter school, while functioning independently of their authorizer except as provided in the charter.

Idaho law provides that charter schools are open to any student in the state.The law includes anti-discrimination provisions regarding admissions.
The law allows but does not require enrollment preferences for students returning to a charter school, siblings of enrolled students, to pupils seeking to transfer from another Idaho public charter school at which they have been enrolled for at least one year provided that this admission preference shall be subject to an existing written agreement for such preference between the subject charter schools, and students living in the charter school’s attendance area. The law allows enrollment preference for founders’ children, up to 10% of school capacity.
The law requires a lottery or other random method to select students if a charter school is oversubscribed.

Legislation enacted in 2020 now allows charter schools to conduct a weighted student enrollment lottery, giving additional weight in their student enrollment lottery to English language learners, students who are homeless or in foster care, students with disabilities, economically disadvantaged students, or those that are at-risk students.

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 laws 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.

In Idaho, collective bargaining is required for non-charter public school teachers and must address three topics: wages, insurance or fringe benefits, and leave. Additionally, bargaining may be conducted for hours, length of prep periods, terms and conditions of employment, length of the school year, class load or size, extracurricular duties, management rights, transfers and reassignments, dismissal, evaluations, and grievance procedures. The only topic expressly excluded from bargaining is layoffs.
Idaho law provides that charter schools are exempt from district collective bargaining agreements.

Prior to the Supreme Court’s Janus v. AFSCME decision, Idaho state law prohibited unions from charging agency fees to non-union members of any collective bargaining unit. Therefore, the Supreme Court’s decision did not have any effect on unions in the state. There has not been any reactive legislation enacted.

Idaho education code states that the board of trustees for a school district or designated representatives shall enter into negotiation upon its own initiative or at the request of a local education organization representing the majority of professional employees. Upon request, the local education organization must show written evidence establishing that at least 50 percent of professional employees indicate agreement to be represented for negotiation. Idaho labor code states that when a question arises concerning representation in a collective bargaining unit, the director of the Department of Labor shall investigate and may take a secret ballot. In cases where a secret ballot is taken, the ballot shall permit a vote against representation. No election shall be held within a 12-month period of another election.

The law allows high-performing charter schools to replicate under a single public charter school board. However, such replication can only happen after the charter school has gone through at least one successful renewal cycle.

Idaho law is silent regarding charter eligibility and access.

Idaho law states that each charter school authorized by an entity other than a local school board is its own LEA. It also provides that a charter school authorized by a local school board may be designated by the local school board as an LEA with the concurrence of the public charter school board of directors; otherwise, the charter school shall be included in that district’s 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. The law states that the funding associated with special education students shall be allocated to the charter school from federal funds and state funds.

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 national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Persists, 2014) found that Idaho charter schools were receiving on average $5,669 per pupil in public funds, while districts would have received $7,949 per pupil to educate those students. Thus, charter schools were receiving $2,280 – or 28.6% -- 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).

The Charter School Facilities Program requires the state department of education to distribute facilities funds to public charter schools on a per pupil basis. It provides that a proportion of moneys appropriated to the educational support program be distributed for this purpose, based on a percentage of the statewide average amount of bond and plant facility funds levied per student by Idaho school districts. This proportion may be adjusted according to a formula that considers an increase in overall education support appropriations. This approach translated to approximately $468.09 per charter school pupil in 2020-21, which is 50% of the $936.17 in revenues otherwise available solely to districts through other local and state sources.

Charter schools are also provided two small per student distributions under two state programs available to both districts and charter schools. The State Facilities Funding Program, which allocates three-eighths of state lottery revenues to be distributed on a per-student basis to all public schools (with the exception of charter schools in their first year), amounted to $73 per student for 2020-21. The School Facilities Maintenance Match Program requires school districts and charter schools to allocate annually a minimum of two percent of each building’s replacement cost to cover maintenance and repairs, for which the state provides a proportion of these funds (based on 0.5% of the replacement value of school buildings, as determined by student?occupied square footage multiplied by the replacement value set annually by the Joint Finance and Appropriations Committee), amounting to $8.49 per student for 2020-21.

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.

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.

Idaho law creates the public charter school debt reserve to assist qualifying charter schools in obtaining favorable financing for facility improvements and construction. A public charter school seeking to use the public charter school debt reserve must receive approval from the Idaho housing and finance association pursuant to the criteria set forth in the law. In 2016, the state allocated $750,000 to this fund.

Effective July 2019, Idaho's Public Charter Schools Facilities Program will provide moral obligation from the state as a credit enhancement mechanism for facilities projects of charter schools that have maintained good academic, financial, and operational standing for at least three years and who keep 12 months of bond payments in a reserve account.

Idaho law requires charter schools to participate in the state retirement system.

Idaho law contains a small number of the model law’s provisions regarding full-time virtual charter schools. Specifically, the law provides that local school districts cannot authorize full-time virtual charter schools. It provides that only statewide authorizers may approve such schools.