Under whose authority?

COEUR d'ALENE - Since Coeur d'Alene Charter Academy opened its doors to students in 1999, the Coeur d'Alene School District has served as the school's authorizing entity.

But that may change.

Idaho charter school law was amended last year and now calls for all agencies to reauthorize charter schools under their authority.

Coeur d'Alene School District Superintendent Matt Handelman told trustees earlier this month that the district's administration is exploring whether another agency can authorize Coeur d'Alene Charter Academy.

"Although Charter operates very independently, we essentially subsidize them, and there's a question of whether that's in our best interest as a school district," Handelman said.

Although charter schools are free, public schools that operate independently from the existing school district structure, they must be authorized by a school board or by the Idaho Public Charter School Commission.

There are currently 48 charter schools operating in Idaho, and 15 of them are authorized by school districts. When Charter Academy was founded, the state charter school commission did not yet exist, so the charter school had to be authorized by the Coeur d'Alene School District Board of Trustees.

The authorizing agent for a charter school is responsible for ensuring that the school abides by all applicable laws. For the Coeur d'Alene School District, annual oversight of Charter Academy has been minimal, but under the new legislation, the district would be required to approve a performance certificate that must be renewed every three years and evaluated annually.

District staff would have to devote time to the charter school performance reviews, Handelman said.

"This is a hidden cost. This is something that we would have to do that we haven't had to do before," he said.

But district administrators' greatest concern, Handelman said, is special education costs for Charter students, and potential liabilities involving those students' Individualized Education Programs as required by federal law.

"We know from experience that if there are challenges with IEPs, that we can be on the hook for a due process hearing and the legal costs behind that," Handelman said.

Coeur d'Alene Charter Academy Principal Dan Nicklay said he doesn't think the district is subsidizing the charter school's special needs students.

Nicklay said that because Charter Academy's focus is on accelerated learning for college prep, the school doesn't attract a lot of special needs learners. But for those who do choose to attend the charter school, the academy contracts with the district for special education services.

Nicklay said the district receives federal "pass-through" funding for Charter Academy's special needs students, and once those funds are exhausted, the charter school is responsible for any additional costs.

"We've never exhausted that pass-through funding," he said.

Handelman told The Press that federal funding for special education students - whether they attend district schools or are at Charter Academy - does not fully cover the cost of the services the students require, services the district is legally mandated to provide.

"We are currently working on putting together a more thorough analysis of our actual costs as related to the students at Charter," Handelman said.

He said that while it is true that most Charter students live within the district's boundaries, the district doesn't receive any state funding for them, just the federal dollars for special education.

Nicklay told The Press he understands the school district administration's decision to consider whether to "get out from under" the charter school.

"It makes sense for them to at least look into it," Nicklay said.

The new legislation requires that the charter school's reauthorization be completed no later than July 1.