Frequently Asked Questions

Yes. NCA is a public charter school authorized by the Idaho Public Charter School Commission (PCSC). Just as with traditional public schools, public charter schools offer free enrollment to all students and are primarily funded by the State.
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Is NCA a religious school?

No. Public charter schools may not be religious schools. The NCA charter states that its educational program will center around secular classical education.
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Does NCA have the right to use curriculum not permitted by law in traditional public schools?

No. Although public charter schools are encouraged to use different and innovative teaching methods and offer expanded educational choices to families within the public school system, they are still required to comply with the general education laws of the state.
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Why did the PCSC inform NCA that religious texts may not be used in the public school classroom?

The Idaho legislature has charged the PCSC with ensuring that the public charter schools it authorizes operate in compliance with the law as currently written. The PCSC was advised in an attorney general’s opinion that, pursuant to the Idaho State Constitution, religious texts may not be used in public school classrooms, including public charter schools classrooms, regardless of whether the texts will be used to teach theology, social sciences, literature, or for any other purpose.

The attorney general’s opinion has been released to the public and may be viewed here.
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Does the Idaho State Constitution permit the use of religious texts for instruction that is not religious in nature?

According to the attorney general’s opinion on which the PCSC based its position, the Idaho State Constitution does not distinguish between the use of religious texts for theological instruction versus the study of history, literature, social studies, etc. For this reason, the Commission has stated that religious texts may not be used for any purpose.

The attorney general’s opinion has been released to the public and may be viewed here.
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Did the PCSC originally approve the use of religious texts at NCA?

No. The charter document approved by the PCSC on August 21, 2008, does not mention the use of religious texts. Similarly, the anticipated use of religious texts was not addressed during the public hearing at which the NCA petition was considered and approved by the PCSC.
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Was NCA ever advised by the PCSC that its intended use of religious texts was permissible?

No. Some confusion on this matter has arisen due to a media quote of PCSC staff published in late June, 2009. That unofficial statement was made upon an unexpected media request and without opportunity for extensive research. Subsequently, the PCSC received legal advice to the contrary and officially clarified its position on the issue. The clarification was made during public meetings on July 22-23, 2009, and August 14, 2009.
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When did the PCSC learn that NCA intended to use religious texts in its public school classrooms?

The PCSC learned, via media inquiries on the subject, that NCA intended to use religious texts as part of its curriculum in June 2009.
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When did the PCSC inform NCA that religious texts could not be used in the public school classroom?

The PCSC’s deputy attorney general informed the PCSC during open session at a public meeting held on July 22-23, 2009, that it was her opinion that the Idaho State Constitution prohibited the use of religious texts in the public school classroom. This was the first regular PCSC meeting held after the PCSC learned of NCA’s intent to use religious texts.

At a special meeting on August 14, 2009, after reviewing NCA’s position and the attorney general’s opinion, the PCSC formally stated its position that the use of religious texts in public school classrooms is in violation of the Idaho State Constitution.

The attorney general’s opinion has been released to the public and may be viewed here.
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May a public charter school use textbooks that contain excerpts from religious texts?

The Idaho State Constitution prohibits the use of actual religious texts in public school classrooms. Other texts which may contain excerpts from religious texts, but are not in and of themselves religious in nature, may be used. This information has been shared with NCA representatives in public meetings.
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Why has the PCSC office released information about NCA to the media?

The PCSC office has received multiple and extensive media requests for public information regarding its interactions with NCA. Pursuant to public records law, the PCSC is required to fill such requests and has done so to the best of its ability. The PCSC office has also provided answers to direct media questions regarding NCA.

The PCSC office has not generated documents regarding NCA specifically for distribution to the media, with the exception of answers drafted in response to specific questions initiated by media representatives and this FAQ document.
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Is the PCSC holding NCA to a standard not required of other public charter schools or traditional public schools?

No. The PCSC’s investigation of NCA began in response to a number of board member resignations near the beginning of the 2009-2010 school year. These resignations, in addition to stakeholder input, raised concerns about the operations of the school. Further research indicated to the PCSC that it had reason to believe a number of defects (the statutory term for legal deficiencies or violations of the law) had occurred at the school. Similar investigations have taken place at other schools, and will likely be conducted in the future, as the PCSC strives to ensure the compliance of all the schools it authorizes.

Idaho’s Constitution and statute with regard to the use of religious texts in the public school classrooms apply equally to all public charter schools and traditional public schools. The PCSC is unaware that any of the other schools it authorizes is using religious texts as part of their curriculum. The PCSC’s authority does not extend to public charter schools authorized by their local school district boards, or to traditional public schools. Individuals concerned about enforcement of the law at schools not authorized by the PCSC should contact the appropriate authorizer (in the case of public charter schools) or the State Department of Education (in the case of traditional public schools).
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Has the PCSC authorized Coeur d’ Alene Charter Academy to use religious texts in its classrooms?

The PCSC is not the authorized chartering entity for Coeur d’ Alene Charter Academy, and has no detailed knowledge of, nor any authority regarding, the curriculum used at that school. Coeur d’ Alene Charter Academy is authorized by the Coeur d’ Alene School District board.
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Why has the PCSC issued multiple notices of defect to NCA?

Idaho statute requires public charter school authorizers, including the PCSC, to ensure that the public charter schools they authorize operate in accordance with statute and the terms of the approved charter. If a charter school authorizer has reason to believe that a public charter school has committed a material violation of the approved charter, failed to meet generally accepted accounting standards of fiscal management, failed to demonstrate fiscal soundness, failed to submit required reports, or violated any provision of law, the authorizer is obligated to issue to the school a written notice of defect.

A notice of defect is simply a letter notifying the public charter school that the authorizer has reason to believe a particular defect has occurred. The public charter school is given opportunity to respond with a corrective action plan. In the event that the school fails to work its corrective action plan and cure the defect within a reasonable period of time, the authorizer may issue a notice of intent to revoke the charter. Charter revocation is a long process that includes a public hearing and additional opportunity for the school to cure the defect and thereby avoid revocation. For details, see Idaho Code 33-5209.

Due to multiple concerns that have arisen regarding operations at NCA, the PCSC has been obliged to issue multiple notices of defect to the school. The notices of defect and documentation provided to the PCSC supporting the identification of those defects are available here.
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Why has the PCSC expressed concern about teacher certification at NCA?

At the beginning of the 2009-2010 school year, two of NCA’s teachers were non-certified and had not yet been granted provisional certification by the State Department of Education.Subsequent to a PCSC meeting onon November 12, 2009, NCA has worked with the State Department of Education to secure provisional certifications for these teachers. Such provisional certifications were issued on December 3, 2009.
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Has the PCSC issued notices of defects to other public charter schools?

Yes. Since 2005, the PCSC has issued approximately 40 notices of defect to 14 different schools.
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Has the PCSC ever issued a notice of intent to revoke a charter?

No. To date, no defect identified by the PCSC has required escalation to the issuance of a notice of intent to revoke, or an actual revocation.
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Does the PCSC intend to withhold funding from NCA?

The PCSC is not involved in the funding process for public charter schools, and therefore does not have the capacity to withhold funding from NCA. Public school funds are calculated and distributed by the Idaho State Department of Education.
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What is a Notice of Intent to Revoke?

A Notice of Intent to Revoke (NIR) is an official notification sent by the authorizer of a public charter school stating that the authorizer intends to revoke the school’s charter for a specific reason or reasons. Except in the case of an imminent safety hazard, the NIR must follow a previously-issued Notice of Defect, to which the school has had opportunity to respond through submission of a Corrective Action Plan. A NIR may be issued when the authorizer believes that the school has failed to cure the identified defect within a reasonable period of time.

When a NIR is issued, the public charter school has 30 days in which to reply in writing. The authorizer then has 30-60 days in which to conduct a public hearing with respect to its intent to revoke the charter. In the event that the authorizer does proceed with revocation, the school will cease to have authorization to operate as a public charter school in the State of Idaho. An appeals process is outlined in Idaho statute should the school wish to pursue such.
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Why did the PCSC issue a Notice of Intent to Revoke to NCA?

At its March 4, 2010, meeting, the PCSC moved to issue a NIR to NCA on the grounds that NCA has failed to demonstrate fiscal soundness. In order to be fiscally sound, the public charter school must be: Fiscally stable on a short-term basis, that is, able to service all upcoming obligations; and fiscally sustainable as a going concern, that is, able to reasonably demonstrate its ability to service any debt and meet its financial obligations for the next fiscal year (I.C. 33-5209(2)(d).

You can view the NIR here.

The PCSC issued a Notice of Defect on this matter on November 13, 2009. NCA submitted a Corrective Action Plan (CAP) on December 14, 2009, citing the means by which it intended to cure the defect. However, by March 2010, the PCSC had not received documentation indicating that the defect was being cured in accordance with the CAP and the timelines included therein.
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How can I share my opinion about NCA with the PCSC?

Members of the public may communicate their opinions to the PCSC by writing to:

Idaho Public Charter School Commission
PO Box 83720
Boise, ID 83720-0037

Additionally, it is likely that public testimony will be heard at the PCSC’s April 29, 2010, regular meeting in Boise.
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