Policy 1000 - Legal Status and Operation

Legal Status and Operation
The Board of Directors of the RISE Charter School is the governing authority of the RISE Charter School designated, elected, or appointed to plan and direct all aspects of the Charter School’s operations independently from the existing traditional school district structure and consistent with the Charter School’s Articles of Incorporation, Bylaws, Charter, and Performance Certificate.

The RISE Charter School in its capacity as a nonprofit corporation, may sue and be sued and may acquire, hold, and convey real and personal property necessary to its establishment, extension, and existence. The Board of Directors, operating as a nonprofit corporation, may borrow money to finance the purchase or lease of building facilities, equipment, and furnishings and to use the facility, its equipment and furnishings as collateral for a loan.

The Articles of Incorporation (“Articles”) and Bylaws define the organization of the Board and the manner of conducting its official business. The Board’s operating policies are those that the Board adopts from time to time to facilitate the performance of its responsibilities.

The RISE Charter School as a non-profit organization, shall have no “members.” Any action which would otherwise require approval of members shall require only approval of the Board. All rights, which would otherwise vest in members under the Idaho Nonprofit Corporation Act, shall vest in the Board.

Legal References:
I.C. § 30-30-205 Idaho Nonprofit Corporation Act - Organization of Corporation
I.C. § 30-30-206 Idaho Nonprofit Corporation Act - Bylaws
I.C. § 30-30-403 Idaho Nonprofit Corporation Act - Members - No Requirement of Members
I.C. § 30-30-601 Idaho Nonprofit Corporation Act - Directors and Officers - Requirement for and Duties of the Board
I.C. § 33-5203 Idaho School Bond Guaranty Act - Definitions I.C. § 33-5204 Nonprofit Corporation—Liability—Insurance

Policy History:
Adopted on: May 17, 2021
Revised on:
Reviewed on: