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S1426................................................by JUDICIARY AND RULES
SCHOOL DISTRICTS - CONSOLIDATION - Adds to and amends existing law to
provide recommendations on the number of school districts per county based
upon county population; to provide recommendations for consolidation; to
provide that any county designated as a joint school district's home county
must contain at least forty percent of the district's taxable property
value; to provide that if no single county comprises at least forty percent
of the district's taxable property value, then the county designated as the
home county shall be that county holding the largest share of the
district's taxable property value; to provide that school districts shall
be assigned divisors for the purposes of calculating administrative and
classified staff allowances as if the recommended school district
consolidations had taken place; and to provide that the number of public
charter schools that may be authorized to operate shall not exceed the
total number of school districts.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1426
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE PUBLIC SCHOOLS; AMENDING CHAPTER 3, TITLE 33, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 33-310C, IDAHO CODE, TO PROVIDE RECOMMENDA-
4 TIONS ON THE NUMBER OF SCHOOL DISTRICTS BASED IN A COUNTY BASED UPON POPU-
5 LATION OF THE COUNTY AND TO PROVIDE RECOMMENDATIONS FOR CONSOLIDATION;
6 AMENDING SECTION 33-304, IDAHO CODE, TO PROVIDE THAT ANY COUNTY DESIGNATED
7 AS A JOINT SCHOOL DISTRICT'S HOME COUNTY MUST CONTAIN AT LEAST FORTY PER-
8 CENT OF THE DISTRICT'S TAXABLE PROPERTY VALUE AND TO PROVIDE THAT IF NO
9 SINGLE COUNTY COMPRISES AT LEAST FORTY PERCENT OF THE DISTRICT'S TAXABLE
10 PROPERTY VALUE, THEN THE COUNTY DESIGNATED AS THE HOME COUNTY SHALL BE
11 THAT COUNTY HOLDING THE LARGEST SHARE OF THE DISTRICT'S TAXABLE PROPERTY
12 VALUE; AMENDING SECTION 33-1002, IDAHO CODE, TO PROVIDE THAT SCHOOL DIS-
13 TRICTS SHALL BE ASSIGNED DIVISORS FOR THE PURPOSES OF CALCULATING ADMINIS-
14 TRATIVE AND CLASSIFIED STAFF ALLOWANCES AS IF THE RECOMMENDED SCHOOL DIS-
15 TRICT CONSOLIDATIONS HAD TAKEN PLACE; AND AMENDING SECTION 33-5203, IDAHO
16 CODE, TO PROVIDE THAT THE NUMBER OF PUBLIC CHARTER SCHOOLS THAT MAY BE
17 AUTHORIZED TO OPERATE, IN TOTAL, SHALL NOT EXCEED THE TOTAL NUMBER OF
18 SCHOOL DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Chapter 3, Title 33, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22 ignated as Section 33-310C, Idaho Code, and to read as follows:
23 33-310C. SCHOOL DISTRICTS BASED IN A COUNTY. (1) It is recommended that
24 the number of school districts based in a county, including, for the purposes
25 of this section, any joint school districts designating a county as its home
26 county, but not including elementary school districts, should be limited to
27 the following:
28 (a) Counties with a population in the most recent decennial United States
29 census of less than nine thousand, nine hundred (9,900) should have no
30 more than one (1) school district based in the county;
31 (b) Counties with a population in the most recent decennial United States
32 census of at least nine thousand, nine hundred (9,900) but less than
33 twenty-five thousand (25,000) should have no more than two (2) school dis-
34 tricts based in the county;
35 (c) Counties with a population in the most recent decennial United States
36 census of at least twenty-five thousand (25,000) but less than one hundred
37 thousand (100,000) should have no more than three (3) school districts
38 based in the county;
39 (d) Counties with a population in the most recent decennial United States
40 census of at least one hundred thousand (100,000) should have no more than
41 four (4) school districts based in the county.
42 (2) If the number of school districts based in a county exceeds the
43 amount recommended by subsection (1) of this section, school districts should
2
1 consolidate as follows:
2 (a) Based on the most recent available figures from the state department
3 of education, the school district with the smallest fall enrollment should
4 be consolidated with the next smallest school district within the county
5 with which it shares an adjacent border, including corner borders;
6 (b) If, following this first consolidation, the number of school dis-
7 tricts in a county still exceeds the amount recommended by subsection (1)
8 of this section, step one should be repeated, as often as necessary with
9 any districts consolidated under step one now being included in the calcu-
10 lation as a single school district, comprised of the combined fall enroll-
11 ment figures of the two (2) or more previously separate districts.
12 (c) School district consolidations recommended by this section should
13 take place and become effective no later than July 1 in the second odd
14 numbered year after each decennial United States census.
15 (d) New school district deconsolidations that would be allowed under the
16 recommendations of this section as a result of new decennial United States
17 census information should take place and become effective beginning on
18 July 1 in the second odd numbered year after each decennial United States
19 census.
20 SECTION 2. That Section 33-304, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 33-304. JOINT SCHOOL DISTRICTS. In any joint district, the duties imposed
23 upon, and the records required to be kept by, the county commissioners or any
24 other county officer, in respect to school districts, including the assessment
25 of taxable property and the levying of and collection of taxes, shall be per-
26 formed or kept by the commissioners and other county officers in each county
27 in which the district lies as though the portion of the district in each
28 county were a separate district therein.
29 One (1) of the counties in which a joint district lies shall be the home
30 county of the district, provided however, that any county designated as a
31 joint school district's home county must contain at least forty percent (40%)
32 of the district's taxable property value. If no single county comprises at
33 least forty percent (40%) of the district's taxable property value, then the
34 county designated as the home county shall be that county holding the largest
35 share of the district's taxable property value.
36 When a joint district is created by the division of a county, or through
37 the annexation of any territory by the state board of education, the board of
38 trustees of such district shall designate its home county and give notice
39 thereof to the state board of education and to the board of county commission-
40 ers in each county in which the district lies.
41 SECTION 3. That Section 33-1002, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is
44 calculated as follows:
45 1. State Educational Support Funds. Add the state appropriation, includ-
46 ing the moneys available in the public school income fund, together with all
47 miscellaneous revenues to determine the total state funds.
48 2. From the total state funds subtract the following amounts needed for
49 state support of special programs provided by a school district:
50 a. Pupil tuition-equivalency allowances as provided in section 33-1002B,
51 Idaho Code;
3
1 b. Transportation support program as provided in section 33-1006, Idaho
2 Code;
3 c. Feasibility studies allowance as provided in section 33-1007A, Idaho
4 Code;
5 d. The approved costs for border district allowance, provided in section
6 33-1403, Idaho Code, as determined by the state superintendent of public
7 instruction;
8 e. The approved costs for exceptional child approved contract allowance,
9 provided in subsection 2. of section 33-2004, Idaho Code, as determined by
10 the state superintendent of public instruction;
11 f. Certain expectant and delivered mothers allowance as provided in sec-
12 tion 33-2006, Idaho Code;
13 g. Salary-based apportionment calculated as provided in sections 33-1004
14 through 33-1004F, Idaho Code;
15 h. Unemployment insurance benefit payments according to the provisions of
16 section 72-1349A, Idaho Code;
17 i. For expenditure as provided by the public school technology program;
18 j. For the support of provisions that provide a safe environment condu-
19 cive to student learning and maintain classroom discipline, an allocation
20 of $300 per support unit; and
21 k. Any additional amounts as required by statute to effect administrative
22 adjustments or as specifically required by the provisions of any bill of
23 appropriation;
24 to secure the state educational support funds.
25 3. Local Districts' Contribution Calculation. Without including any
26 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho
27 Code, the local districts' contribution shall be the amount appropriated pur-
28 suant to section 33-1002D, Idaho Code, plus three-tenths percent (.3%) during
29 fiscal year 2003-04 and each year thereafter, of the total state adjusted mar-
30 ket value for assessment purposes for the previous year with such value being
31 determined by the provisions of section 63-315, Idaho Code, and four-tenths
32 percent (.4%) during fiscal year 1994-95 and each year thereafter, of the
33 cooperative electrical associations' property values that have been derived
34 from the taxes paid in lieu of ad valorem taxes for the previous year as pro-
35 vided in section 63-3502, Idaho Code.
36 4. Educational Support Program Distribution Funds. Add the local dis-
37 tricts' contribution, subsection 3. of this section, and the state educational
38 support program funds, subsection 1. of this section, together to secure the
39 total educational support program distribution funds.
40 5. Average Daily Attendance. The total state average daily attendance
41 shall be the sum of the average daily attendance of all of the school dis-
42 tricts of the state. The state board of education shall establish rules set-
43 ting forth the procedure to determine average daily attendance and the time
44 for, and method of, submission of such report. Average daily attendance calcu-
45 lation shall be carried out to the nearest hundredth. Computation of average
46 daily attendance shall also be governed by the provisions of section 33-1003A,
47 Idaho Code.
48 6. Support Units. The total state support units shall be determined by
49 using the tables set out hereafter called computation of kindergarten support
50 units, computation of elementary support units, computation of secondary sup-
51 port units, computation of exceptional education support units, and computa-
52 tion of alternative school secondary support units. For the purposes of uti-
53 lizing the divisors, but not the minimum unit allowances, in this subsection,
54 beginning in fiscal year 2008, school districts shall be assigned divisors for
55 the purposes of calculating administrative and classified staff allowances,
4
1 pursuant to section 33-1004, Idaho Code, as if the school district consolida-
2 tions recommended by section 33-310C, Idaho Code, had taken place. The sum of
3 all of the total support units of all school districts of the state shall be
4 the total state support units.
5 COMPUTATION OF KINDERGARTEN SUPPORT UNITS
6 Average Daily
7 Attendance Attendance Divisor Units Allowed
8 41 or more .... 40....................... 1 or more as computed
9 31 - 40.99 ADA.... -....................... 1
10 26 - 30.99 ADA.... -....................... .85
11 21 - 25.99 ADA.... -....................... .75
12 16 - 20.99 ADA.... -....................... .6
13 8 - 15.99 ADA.... -....................... .5
14 1 - 7.99 ADA.... -....................... count as elementary
15 COMPUTATION OF ELEMENTARY SUPPORT UNITS
16 Average Daily
17 Attendance Attendance Divisor Minimum Units Allowed
18 300 or more ADA........................................ 15
19 ..23...grades 4,5 & 6....
20 ..22...grades 1,2 & 3....1994-95
21 ..21...grades 1,2 & 3....1995-96
22 ..20...grades 1,2 & 3....1996-97
23 and each year thereafter.
24 160 to 299.99 ADA... 20..................... 8.4
25 110 to 159.99 ADA... 19..................... 6.8
26 71.1 to 109.99 ADA... 16..................... 4.7
27 51.7 to 71.0 ADA... 15..................... 4.0
28 33.6 to 51.6 ADA... 13..................... 2.8
29 16.6 to 33.5 ADA... 12..................... 1.4
30 1.0 to 16.5 ADA... n/a.................... 1.0
31 COMPUTATION OF SECONDARY SUPPORT UNITS
32 Average Daily
33 Attendance Attendance Divisor Minimum Units Allowed
34 750 or more .... 18.5..................... 47
35 400 - 749.99 ADA.... 16....................... 28
36 300 - 399.99 ADA.... 14.5..................... 22
37 200 - 299.99 ADA.... 13.5..................... 17
38 100 - 199.99 ADA.... 12....................... 9
39 99.99 or fewer Units allowed as follows:
40 Grades 7-12 ......................... 8
41 Grades 9-12 ......................... 6
42 Grades 7- 9 ......................... 1 per 14 ADA
43 Grades 7- 8 ......................... 1 per 16 ADA
44 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
45 Average Daily
46 Attendance Attendance Divisor Minimum Units Allowed
47 14 or more .... 14.5..................... 1 or more as computed
48 12 - 13.99.... -....................... 1
49 8 - 11.99.... -....................... .75
50 4 - 7.99.... -....................... .5
51 1 - 3.99.... -....................... .25
5
1 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
2 Pupils in Attendance Attendance Divisor Minimum Units Allowed
3 12 or more.......... 12...................... 1 or more as computed
4 In applying these tables to any given separate attendance unit, no school
5 district shall receive less total money than it would receive if it had a
6 lesser average daily attendance in such separate attendance unit. In applying
7 the kindergarten table to a kindergarten program of less days than a full
8 school year, the support unit allowance shall be in ratio to the number of
9 days of a full school year. The tables for exceptional education and alterna-
10 tive school secondary support units shall be applicable only for programs
11 approved by the state department of education following rules established by
12 the state board of education. Moneys generated from computation of support
13 units for alternative schools shall be utilized for alternative school pro-
14 grams. School district administrative and facility costs may be included as
15 part of the alternative school expenditures.
16 7. State Distribution Factor per Support Unit. Divide educational support
17 program distribution funds, after subtracting the amounts necessary to pay the
18 obligations specified in subsection 2. of this section, by the total state
19 support units to secure the state distribution factor per support unit.
20 8. District Share of State Funds for Educational Support Program. Ascer-
21 tain a district's share of state funds for the educational support program as
22 follows:
23 a. District Contribution Calculation. Without including any allowance as
24 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code,
25 the district contribution calculation shall be the rate determined under
26 subsection 3. of this section.
27 b. District Support Units. The number of support units for each school
28 district in the state shall be determined as follows:
29 (1) Divide the actual average daily attendance, excluding students
30 approved for inclusion in the exceptional child educational program,
31 for the administrative schools and each of the separate schools and
32 attendance units by the appropriate divisor from the tables of sup-
33 port units in this section, then add the quotients to obtain the
34 district's support units allowance for regular students, kindergarten
35 through grade 12 including alternative school secondary students.
36 Calculations in application of this subsection shall be carried out
37 to the nearest tenth.
38 (2) Divide the combined totals of the average daily attendance of
39 all preschool, handicapped, kindergarten, elementary, secondary and
40 juvenile detention center students approved for inclusion in the
41 exceptional child program of the district by the appropriate divisor
42 from the table for computation of exceptional education support units
43 to obtain the number of support units allowed for the district's
44 approved exceptional child program. Calculations for this subsection
45 shall be carried out to the nearest tenth when more than one (1) unit
46 is allowed.
47 (3) The total number of support units of the district shall be the
48 sum of the total support units for regular students, subsection
49 8.b.(1) of this section, and the support units allowance for the
50 approved exceptional child program, subsection 8.b.(2) of this sec-
51 tion.
52 c. Total District Allowance Educational Program. Multiply the district's
53 total number of support units, carried out to the nearest tenth, by the
54 state distribution factor per support unit and to this product add the
6
1 approved amount of programs of the district provided in subsection 2. of
2 this section to secure the district's total allowance for the educational
3 support program.
4 d. District Share. To secure the district's share of state apportionment,
5 subtract the amount of the local district contribution calculation, sub-
6 section 3. of this section, from the amount of the total district allow-
7 ance, subsection 8.c. of this section.
8 e. Adjustment of District Share. The contract salary of every noncertifi-
9 cated teacher shall be subtracted from the district's share as calculated
10 from the provisions of subsection 8.d. of this section.
11 SECTION 4. That Section 33-5203, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
14 schools is hereby authorized. Public charter schools shall be part of the
15 state's program of public education.
16 (2) The number of public charter schools that may be authorized to oper-
17 ate, in total, shall not exceed the total number of school districts. The num-
18 ber of new public charter schools which may begin educational instruction in
19 any one (1) school year shall be limited in number in accordance with the fol-
20 lowing:
21 (a) Not more than six (6) new public charter schools may begin educa-
22 tional instruction in any one (1) school year, and
23 (b) Not more than one (1) new public charter school may begin educational
24 instruction that is physically located within any one (1) school district
25 in any one (1) school year, and
26 (c) No whole school district may be converted to a charter district or
27 any configuration which includes all schools as public charter schools,
28 and
29 (d) Public virtual charter schools approved by the public charter school
30 commission are not included in paragraph (b) of this subsection, and
31 (e) The transfer of a charter for a school already authorized pursuant to
32 section 33-5205A, Idaho Code, is not included in the limit on the annual
33 number of public charter schools approved to begin educational instruction
34 in any given school year as set forth in paragraph (a) of this subsection,
35 and
36 (f) A petition must be received by the initial authorized chartering
37 entity no later than September 1 to be eligible to begin instruction the
38 first complete school year following receipt of the petition., and
39 (dg) To begin operations, a newly-chartered public school must be autho-
40 rized by no later than January 1 of the previous school year.
41 (3) A public charter school may be formed either by creating a new public
42 charter school, which charter may be approved by any authorized chartering
43 entity, or by converting an existing traditional public school to a public
44 charter school, which charter may only be approved by the board of trustees of
45 the school district in which the existing public school is located.
46 (4) No charter shall be approved under this chapter:
47 (a) Which provides for the conversion of any existing private or paro-
48 chial school to a public charter school.
49 (b) To a for-profit entity or any school which is operated by a for-
50 profit entity, provided however, nothing herein shall prevent the board of
51 directors of a public charter school from legally contracting with for-
52 profit entities for the provision of products or services that aid in the
53 operation of the school.
7
1 (c) By the board of trustees of a school district if the public charter
2 school's physical location is outside the boundaries of the authorizing
3 school district. The limitation provided in this subsection (4)(c) does
4 not apply to a home-based public virtual school.
5 (5) A public virtual school charter may be approved by the public charter
6 school commission. In addition, a charter may also be approved by the state
7 board of education pursuant to section 33-5207(5)(b), Idaho Code.
8 (6) The state board of education shall adopt rules, subject to law, to
9 establish a consistent application and review process for the approval and
10 maintenance of all public charter schools.
11 (7) The state board of education shall be responsible to designate those
12 public charter schools that will be identified as a local education agency
13 (LEA) as such term is defined in 34 CFR 300.18; however, only public charter
14 schools chartered by the board of trustees of a school district may be
15 included in that district's LEA.
STATEMENT OF PURPOSE
RS 16064
This legislation provides a path for encouraging smaller school
districts within a county to combine their operations, improve
delivery of education and reduce administrative costs.
If all public school districts follow the recommendations of this
law, it will have the effect of reducing the total number of
public school districts from 114 to 80.
This legislation does not require the consolidation of public
school districts, however, it does require recalculation of each
public school district's support unit based on the
recommendations of the law.
For those districts who choose to consolidate, they will continue
to receive the increased funding provided smaller school
districts for seven years. This increased funding will continue
even though their administrative costs resulting from
consolidation will decline.
FISCAL NOTE
No fiscal impact to the State. If the local school districts
affected by the recommendations of this legislation do not choose
to consolidate, any money saved would remain in the Public
Schools budget, and would be available for future reallocation to
all school districts.
Not all of the school districts affected, however, would receive
less money. If the districts are geographically distant from
each other, the districts will qualify under the "separate
school" provisions of Idaho Code, allowing the districts to
continue to receive the higher levels of funding currently
enjoyed.
If the affected local school districts consolidate, they would
receive the benefit of Section 33-1007A, Idaho Code, which allows
a consolidated school district to continue to receive the higher
levels of state support that the formerly separate districts
received, for a period of seven years. As a result, such a
consolidated district would be able to realize the administrative
cost savings and efficiencies inherent in consolidation, but
would continue to enjoy the higher funding levels of smaller
districts, for a period of seven years.
Contact
Name: Senator Hal Bunderson
Phone: (208) 332-1320
Name: Representative Jack Barraclough
Phone: (208) 332-1213
STATEMENT OF PURPOSE/FISCAL NOTE S1426