2000 Legislation
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SENATE BILL NO. 1457 – Elementry/secondry schls, support

SENATE BILL NO. 1457

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S1457..........................................................by EDUCATION
ELEMENTARY/SECONDARY SCHOOLS - Amends existing law relating to the
education support program to provide special application for attendance
units which may consist of elementary/secondary schools and for hardship
secondary schools.
                                                                        
02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to Educ
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 33-0-2
      AYES--Andreason, Boatright, Bunderson, Cameron, Danielson,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton/Branch, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Burtenshaw, Crow
    Floor Sponsors - McLaughlin, Schroeder
    Title apvd - to House
03/13    House intro - 1st rdg - to Educ
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Hadley, Linford, Pischner, Sellman
    Floor Sponsors - Montgomery, Black, Trail, Hornbeck
    Title apvd - to Senate
03/29    To enrol
03/30    Rpt enrol - Pres signed
03/31    Sp signed
04/03    To Governor
04/12    Governor signed
         Session Law Chapter 266
         Effective: 07/01/00

Bill Text


 S1457
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1457
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EDUCATIONAL SUPPORT PROGRAM; AMENDING SECTION  33-1001,  IDAHO
  3        CODE, TO PROVIDE ADDITIONAL DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS;
  4        AMENDING  SECTION  33-1002, IDAHO CODE, TO SUPPORT DISTRIBUTION BASED UPON
  5        ATTENDANCE UNITS AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
  6        33-1003,  IDAHO CODE, TO PROVIDE SPECIAL APPLICATION OF THE EDUCATION SUP-
  7        PORT PROGRAM FOR ATTENDANCE UNITS AND FOR HARDSHIP SECONDARY SCHOOLS;  AND
  8        AMENDING SECTIONS 33-515 AND 33-1004G, IDAHO CODE, TO PROVIDE CORRECT REF-
  9        ERENCES AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 33-1001, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-1001.  DEFINITIONS. The following words and phrases used in this  chap-
 14    ter are defined as follows:
 15        1.  "Administrative  schools"  means  and  apply applies to all elementary
 16    schools and kindergartens within a district that are situated ten  (10)  miles
 17    or  less  from both the other elementary schools and the principal administra-
 18    tive office of the district and all secondary schools within a  district  that
 19    are  situated  fifteen  (15) miles or less from other secondary schools of the
 20    district.
 21        2.  "Average daily attendance" or "pupils  in  average  daily  attendance"
 22    means  the  aggregate number of days enrolled students are present, divided by
 23    the number of days of school in the reporting period; provided, however,  that
 24    students  for  whom  no  Idaho school district is a home district shall not be
 25    considered in in such computation.
 26        3.  "Elementary grades" or "elementary average daily attendance" means and
 27    applies to students enrolled in grades one (1) through six (6)  inclusive,  or
 28    any combination thereof.
 29        4.  "Elementary schools" are schools that serve grades one (1) through six
 30    (6) inclusive, or any combination thereof.
 31        5.  "Elementary/secondary  schools"  are schools that serve grades one (1)
 32    through twelve (12) inclusive, or any combination thereof.
 33        6.  "Homebound student" means any student who would normally and regularly
 34    attend school, but is confined to home or hospital because of  an  illness  or
 35    accident for a period of ten (10) or more consecutive days.
 36        57.  "Kindergarten"  or  "kindergarten average daily attendance" means and
 37    applies to all students enrolled in a school year, less than school  year,  or
 38    summer kindergarten program.
 39        68.  "Public school district" or "school district" or "district" means any
 40    public  school district organized under the laws of this state, including spe-
 41    cially chartered school districts.
 42        79.  "Secondary grades" or "secondary average daily attendance" means  and
 43    applies  to  students  enrolled in grades seven (7) through twelve (12) inclu-
                                                                        
                                           2
                                                                        
  1    sive, or any combination thereof.
  2        10. "Secondary schools" are schools that serve grades  seven  (7)  through
  3    twelve (12) inclusive, or any combination thereof.
  4        811. "Separate  elementary  school"  means an elementary school which mea-
  5    sured from itself, traveling on an all-weather road, is situated more than ten
  6    (10)  miles  distance  from   both   the   nearest   elementary   school   and
  7    elementary/secondary  school  serving  like grades within the same school dis-
  8    trict and from the location of the office of the superintendent of schools  of
  9    such  district, or from the office of the chief administrative officer of such
 10    district if the district employs no superintendent of schools.
 11        912. "Separate kindergarten" means  a  kindergarten  which  measured  from
 12    itself, traveling on an all-weather road, is situated more than ten (10) miles
 13    distance from both the nearest kindergarten school within the same school dis-
 14    trict  and from the location of the office of the superintendent of schools of
 15    such district, or from the office of the chief administrative officer of  such
 16    district if the district employs no superintendent of schools.
 17        103. "Separate  secondary  school"  means  any  secondary  school which is
 18    located more than fifteen (15) miles by an all-weather  road  from  any  other
 19    secondary  school and elementary/secondary school serving like grades operated
 20    by the district.
 21        114. "Support program" means the educational support program as  described
 22    in  section  33-1002, Idaho Code, the transportation support program described
 23    in section 33-1006, Idaho Code, and the exceptional education support  program
 24    as provided in section 33-1007, Idaho Code.
 25        125. "Support  unit"  means a function of average daily attendance used in
 26    the calculations to determine financial support  provided  the  public  school
 27    districts.
 28        136. "Teacher"  means  any  person  employed in a teaching, instructional,
 29    supervisory, educational adinistrative administrative or educational and  sci-
 30    entific  capacity  in any school district. In case of doubt the state board of
 31    education shall determine whether any person employed  requires  certification
 32    as a teacher.
                                                                        
 33        SECTION  2.  That  Section 33-1002, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        33-1002.  EDUCATIONAL SUPPORT PROGRAM. The educational support program  is
 36    calculated as follows:
 37        1.  State  Educational Support Funds. Add the state appropriation, includ-
 38    ing the moneys available in the public school income fund, together  with  all
 39    miscellaneous revenues to determine the total state funds.
 40        2.  From  the  total state funds subtract the following amounts needed for
 41    state support of special programs provided by a school district:
 42        a.  Pupil tuition-equivalency allowances as provided in section  33-1002B,
 43        Idaho Code;
 44        b.  Transportation  support  program as provided in section 33-1006, Idaho
 45        Code;
 46        c.  Feasibility studies allowance as provided in section  33-1007A,  Idaho
 47        Code;
 48        d.  The  approved costs for border district allowance, provided in section
 49        33-1403, Idaho Code, as determined by the state superintendent  of  public
 50        instruction;
 51        e.  The  approved costs for exceptional child approved contract allowance,
 52        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
 53        the state superintendent of public instruction;
                                                                        
                                           3
                                                                        
  1        f.  Certain expectant and delivered mothers allowance as provided in  sec-
  2        tion 33-2006, Idaho Code;
  3        g.  Salary-based  apportionment calculated as provided in sections 33-1004
  4        through 33-1004F, Idaho Code;
  5        h.  Unemployment insurance benefit payments according to the provisions of
  6        section 72-1349A, Idaho Code;
  7        i.  For programs to provide basic curricula necessary to  enable  students
  8        to  enter  academic or professional-technical postsecondary education pro-
  9        grams, an allocation of $300 per support unit for the 1994-95 school  year
 10        only;
 11        j.  For provision of teacher supplies to facilitate classroom instruction,
 12        an allocation of $200 per support unit for the 1994-95 school year only;
 13        k.  For  expenditure  as provided by the public school technology program,
 14        $10,400,000 for the 1994-95 school year;
 15        l.  For additional school innovation pilot project grants based on  recom-
 16        mendations  of  the  Idaho  school  reform  committee,  $2,000,000 for the
 17        1994-95 school year; and
 18        m.  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        n.  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  four-tenths  percent  (.4%)
 28    during  fiscal  year  1994-95  and  each  year  thereafter, of the total state
 29    adjusted market value for assessment purposes for the previous year with  such
 30    value  being  determined  by the provisions of section 63-315, Idaho Code, and
 31    four-tenths percent (.4%) during fiscal year 1994-95 and each year thereafter,
 32    of the cooperative electrical associations' property  values  that  have  been
 33    derived  from the taxes paid in lieu of ad valorem taxes for the previous year
 34    as provided in section 63-3502, Idaho Code.
 35        4.  Educational Support Program Distribution Funds.  Add  the  local  dis-
 36    tricts' contribution, subsection 3. of this section, and the state educational
 37    support  program  funds, subsection 1. of this section, together to secure the
 38    total educational support program distribution funds.
 39        5.  Average Daily Attendance. The total  state  average  daily  attendance
 40    shall  be  the  sum  of the average daily attendance of all of the school dis-
 41    tricts of the state. The state board of education shall establish  rules  set-
 42    ting  forth  the  procedure to determine average daily attendance and the time
 43    for, and method of, submission of such report. Average daily attendance calcu-
 44    lation shall be carried out to the nearest hundredth. Computation  of  average
 45    daily attendance shall also be governed by the provisions of section 33-1003A,
 46    Idaho Code.
 47        6.  Support  Units.  The  total state support units shall be determined by
 48    using the tables set out hereafter called computation of kindergarten  support
 49    units,  computation of elementary support units, computation of secondary sup-
 50    port units, computation of exceptional education support units,  and  computa-
 51    tion  of  alternative  school  secondary  support units. The sum of all of the
 52    total support units of all school districts of the state shall  be  the  total
 53    state support units.
                                                                        
                                           4
                                                                        
  1                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
  2    Average Daily
  3    Attendance            Attendance Divisor             Units Allowed
  4    41 or more     ....   40.......................      1 or more as computed
  5    31 -  40.99 ADA....    -.......................      1
  6    26 -  30.99 ADA....    -.......................       .85
  7    21 -  25.99 ADA....    -.......................       .75
  8    16 -  20.99 ADA....    -.......................       .6
  9     8 -  15.99 ADA....    -.......................       .5
 10     1 -   7.99 ADA....    -.......................      count as elementary
                                                                        
 11                       COMPUTATION OF ELEMENTARY SUPPORT UNITS
 12    Average Daily
 13    Attendance            Attendance Divisor             Minimum Units Allowed
 14    300 or more ADA........................................  15
 15                        ..23...grades 4,5 & 6....
 16                        ..22...grades 1,2 & 3....1994-95
 17                        ..21...grades 1,2 & 3....1995-96
 18                        ..20...grades 1,2 & 3....1996-97
 19                              and each year thereafter.
 20    160   to  299.99 ADA... 20.....................             8.4
 21    110   to  159.99 ADA... 19.....................             6.8
 22     71.1 to  109.99 ADA... 16.....................             4.7
 23     51.7 to   71.0  ADA... 15.....................             4.0
 24     33.6 to   51.6  ADA... 13.....................             2.8
 25     16.6 to   33.5  ADA... 12.....................             1.4
 26      1.0 to   16.5  ADA... n/a....................             1.0
                                                                        
 27                        COMPUTATION OF SECONDARY SUPPORT UNITS
 28    Average Daily
 29    Attendance            Attendance Divisor             Minimum Units Allowed
 30    750 or more      .... 18.5.....................            47
 31    400 -  749.99 ADA.... 16.......................            28
 32    300 -  399.99 ADA.... 14.5.....................            22
 33    200 -  299.99 ADA.... 13.5.....................            17
 34    100 -  199.99 ADA.... 12.......................             9
 35     99.99 or fewer       Units allowed as follows:
 36             Grades 7-12  .........................             8
 37             Grades 9-12  .........................             6
 38             Grades 7- 9  .........................             1 per 14 ADA
 39             Grades 7- 8  .........................             1 per 16 ADA
                                                                        
 40                  COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
 41    Average Daily
 42    Attendance            Attendance Divisor             Minimum Units Allowed
 43    14 or more ....       14.5.....................      1 or more as computed
 44    12 -  13.99....        -.......................      1
 45     8 -  11.99....        -.......................       .75
 46     4 -   7.99....        -.......................       .5
 47     1 -   3.99....        -.......................       .25
                                                                        
 48              COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
 49    Pupils in Attendance  Attendance Divisor             Minimum Units Allowed
 50    12 or more..........  12......................       1 or more as computed
                                                                        
                                           5
                                                                        
  1        In  applying these tables to any given separate attendance unit, no school
  2    district shall receive less total money than it would  receive  if  it  had  a
  3    lesser  average daily attendance in such separate attendance unit. In applying
  4    the kindergarten table to a kindergarten program of  less  days  than  a  full
  5    school  year,  the  support  unit allowance shall be in ratio to the number of
  6    days of a full school year. The tables for exceptional education and  alterna-
  7    tive  school  secondary  support  units  shall be applicable only for programs
  8    approved by the state department of education following rules  established  by
  9    the  state  board  of  education. Moneys generated from computation of support
 10    units for alternative schools shall be utilized for  alternative  school  pro-
 11    grams.  School  district  administrative and facility costs may be included as
 12    part of the alternative school expenditures.
 13        7.  State Distribution Factor per Support Unit. Divide educational support
 14    program distribution funds, after subtracting the amounts necessary to pay the
 15    obligations specified in subsection 2. of this section,  by  the  total  state
 16    support units to secure the state distribution factor per support unit.
 17        8.  District  Share of State Funds for Educational Support Program. Ascer-
 18    tain a district's share of state funds for the educational support program  as
 19    follows:
 20        a.  District  Contribution Calculation. Without including any allowance as
 21        a credit for prepaid taxes, as provided in section  63-1607,  Idaho  Code,
 22        the  district  contribution calculation shall be the rate determined under
 23        subsection 3. of this section.
 24        b.  District Support Units. The number of support units  for  each  school
 25        district in the state shall be determined as follows:
 26             (1)  Divide  the  actual average daily attendance, excluding students
 27             approved for inclusion in the exceptional child educational  program,
 28             for  the  administrative schools and each of the separate schools and
 29             attendance units by the appropriate divisor from the tables  of  sup-
 30             port  units  in  this  section,  then add the quotients to obtain the
 31             district's support units allowance for regular students, kindergarten
 32             through grade 12 including  alternative  school  secondary  students.
 33             Calculations  in  application of this subsection shall be carried out
 34             to the nearest tenth.
 35             (2)  Divide the combined totals of the average  daily  attendance  of
 36             all  preschool,  handicapped, kindergarten, elementary, secondary and
 37             juvenile detention center students  approved  for  inclusion  in  the
 38             exceptional  child program of the district by the appropriate divisor
 39             from the table for computation of exceptional education support units
 40             to obtain the number of support  units  allowed  for  the  district's
 41             approved  exceptional child program. Calculations for this subsection
 42             shall be carried out to the nearest tenth when more than one (1) unit
 43             is allowed.
 44             (3)  The total number of support units of the district shall  be  the
 45             sum  of  the  total  support  units  for regular students, subsection
 46             8.b.(1) of this section, and the  support  units  allowance  for  the
 47             approved  exceptional  child program, subsection 8.b.(2) of this sec-
 48             tion.
 49        c.  Total District Allowance Educational Program. Multiply the  district's
 50        total  number  of  support units, carried out to the nearest tenth, by the
 51        state distribution factor per support unit and to  this  product  add  the
 52        approved  amount  of programs of the district provided in subsection 2. of
 53        this section to secure the district's total allowance for the  educational
 54        support program.
 55        d.  District Share. To secure the district's share of state apportionment,
                                                                        
                                           6
                                                                        
  1        subtract  the  amount of the local district contribution calculation, sub-
  2        section 3. of this section, from the amount of the total  district  allow-
  3        ance, subsection 8.c. of this section.
  4        e.  Adjustment of District Share. The contract salary of every noncertifi-
  5        cated  teacher shall be subtracted from the district's share as calculated
  6        from the provisions of subsection 8.d. of this section.
                                                                        
  7        SECTION 3.  That Section 33-1003, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        33-1003.  SPECIAL APPLICATIONS OF EDUCATIONAL SUPPORT PROGRAM. 1. Decrease
 10    in  Average  Daily  Attendance. -- Any school district which has a decrease in
 11    total average daily attendance of one percent (1%) of its average daily atten-
 12    dance in the then current school year from the total average daily  attendance
 13    used  for determining the allowance in the educational support program for the
 14    school year immediately preceding, the allowance of funds from the educational
 15    support program may be based on the average daily  attendance  of  the  school
 16    year  immediately  preceding,  less  one  percent (1%). When this provision is
 17    applied, the decrease in average daily  attendance  shall  be  proportionately
 18    distributed among the various categories of support units that are appropriate
 19    for the district.
 20        2.  Application of Support Program to Separate Schools/Attendance Units in
 21    District.
 22        a.  Separate Elementary School. -- Any separate elementary school shall be
 23        allowed  to  participate in the educational support program as  though the
 24        school were the only elementary school operated by the district.
 25        b.  Hardship Elementary School.  --  Upon  application  of  the  board  of
 26        trustees  of  a school district, the state board of education is empowered
 27        to determine that a given elementary school or elementary  schools  within
 28        the school district, not  otherwise qualifying, are entitled to be counted
 29        as a separate elementary school as defined in section 33-1001, Idaho Code,
 30        when,  in  the  discretion of the state board of education, special condi-
 31        tions exist warranting the retention of the school as  a  separate  atten-
 32        dance unit and the retention results in a substantial increase in cost per
 33        pupil  in  average  daily  attendance  above the average cost per pupil in
 34        average daily attendance of the remainder  of  the  district's  elementary
 35        grade  school  pupils.  An  elementary  school  operating  as a previously
 36        approved hardship elementary school shall continue to be considered  as  a
 37        separate  attendance  unit,  unless  the hardship status of the elementary
 38        school is rescinded by the state board of education.
 39        c.  Separate Secondary School. -- Any separate secondary school  shall  be
 40        allowed  to  participate  in the educational support program as though the
 41        school were the only secondary school operated by the district.
 42        d.  Elementary/Secondary School Attendance Units. -- Elementary grades  in
 43        an  elementary/secondary  school  will  be funded as a separate attendance
 44        unit if all elementary grades served are situated more than ten (10) miles
 45        distance from both the nearest like  elementary  grades  within  the  same
 46        school  district and from the location of the office of the superintendent
 47        of schools of such district, or from the office of the  chief  administra-
 48        tive officer of such district if the district employs no superintendent of
 49        schools. Secondary grades in an elementary/secondary school will be funded
 50        as  a  separate attendance unit if all secondary grades served are located
 51        more than fifteen (15) miles by an all-weather road from the nearest  like
 52        secondary grades operated by the district.
 53        e.  Hardship Secondary School. -- Any district which operated two (2) sec-
                                                                        
                                           7
                                                                        
  1        ondary  schools  separated by less than fifteen (15) miles, but which dis-
  2        trict was created through consolidation subsequent to  legislative  action
  3        pursuant  to  chapter  111,  laws of 1947, and which school buildings were
  4        constructed prior to 1935, shall be entitled to count the schools as sepa-
  5        rate attendance units.
  6        f.  Minimum Pupils Required. -- Any elementary school having less than ten
  7        (10) pupils in average daily attendance shall not be allowed  to  partici-
  8        pate  in  the  state  or county support program unless the school has been
  9        approved for operation by the state board of education.
 10        3.  Remote Schools. -- The board of trustees of any Idaho school  district
 11    which  operates  and  maintains a school which is remote and isolated from the
 12    other schools of the state because of geographical or topographical conditions
 13    may petition the state board of education to recognize and approve the  school
 14    as  a  remote  and necessary school. The petition shall be in form and content
 15    approved by the state board of education and shall provide such information as
 16    the state board of education may require. Petitions for the recognition  of  a
 17    school  as  a  remote  and  necessary  school shall be filed annually at least
 18    ninety (90) days prior to the date of the  annual  meeting  of  the  board  of
 19    trustees as established in section 33-510, Idaho Code.
 20        Within forty-five (45) days after the receipt of a petition for the recog-
 21    nition  of  a  remote and necessary school, the state board of education shall
 22    either approve or disapprove the petition and notify the board of trustees  of
 23    its  decision.  Schools  which  the state board of education approves as being
 24    necessary and remote shall be allowed adequate funding within the support pro-
 25    gram for an acceptable educational program for the students of the school.  In
 26    the  case  of a remote and necessary secondary school, grades 7-12, the educa-
 27    tional program shall be deemed acceptable when, in the opinion  of  the  state
 28    board  of education, the accreditation standard relating to staff size, estab-
 29    lished in accordance with section 33-119, Idaho Code, has been met. The  final
 30    determination  of  an acceptable program and adequate funding in the case of a
 31    remote and necessary elementary school shall be made by  the  state  board  of
 32    education.
 33        4.  Support Program When District Boundaries are Changed.
 34        a.  In  new  districts  formed  by the division of a district, the support
 35        program computed for the district divided in its last year  of  operation,
 36        shall  be apportioned to the new districts created by the division, in the
 37        proportion that the average daily attendance  of  pupils,  elementary  and
 38        secondary  combined, residing in the area of each new district so created,
 39        is to the average daily attendance of all pupils, elementary and secondary
 40        combined, in the district divided in its last year of operation before the
 41        division.
 42        b.  When boundaries of districts are changed by excision or annexation  of
 43        territory,  the  support  program  of any district from which territory is
 44        excised for the last year of  operation  before  such  excision  shall  be
 45        divided,  and  apportioned  among the districts involved, as prescribed in
 46        subsection 4a. hereof of this section.
 47        c.  In new districts formed by consolidation of former districts, the sup-
 48        port program allowance for a seven (7) year period following the formation
 49        of the new district, shall not be less than the combined  support  program
 50        allowances  of   the  component  districts  in  the last year of operation
 51        before consolidation.
 52        5.  For the fiscal year which commences on July 1, 1986, and for each suc-
 53    ceeding fiscal year, any school  district  whose  adjusted  market  value  for
 54    assessment  purposes  decreases  forty percent (40%) or more from the previous
 55    year's adjusted market value for assessment purposes as such valuation existed
                                                                        
                                           8
                                                                        
  1    on December 31, is eligible to receive an adjustment to its  educational  sup-
  2    port program entitlement, subject to qualifications as follows:
  3        a.  The  adjusted market value for assessment purposes has decreased forty
  4        percent (40%) or more from the previous year's adjusted market  value  for
  5        assessment purposes as such valuation existed on December 31; and
  6        b.  The school levy to be certified for the general maintenance and opera-
  7        tion fund shall be no less than four-tenths of one percent (.4%); and
  8        c.  An  eligible school district has made application to the state depart-
  9        ment of education for an adjustment to entitlement from the  state  educa-
 10        tional  support  program    on  or  before June 1 of the fiscal year. Such
 11        application must document the need for additional funds and must include a
 12        district plan to minimize impact of a reduced local tax base.
                                                                        
 13        SECTION 4.  That Section 33-515, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
                                                                        
 15        33-515.  ISSUANCE  OF  RENEWABLE  CONTRACTS. During the third full year of
 16    continuous employment by the same school  district,  including  any  specially
 17    chartered  district,  each  certificated  employee named in subsection 136. of
 18    section 33-1001, Idaho Code, and each school nurse and school librarian  shall
 19    be  evaluated  for  a renewable contract and shall, upon having been offered a
 20    contract for the next ensuing year,  having  given  notice  of  acceptance  of
 21    renewal  and  upon  signing  a contract for a fourth full year, be placed on a
 22    renewable contract status with said school district subject to the  provisions
 23    included in this chapter.
 24        After  the  third  full year of employment and at least once annually, the
 25    performance of each  such  certificated  employee,  school  nurse,  or  school
 26    librarian  shall be evaluated according to criteria and procedures established
 27    by the board of trustees in accordance with general guidelines approved by the
 28    state board of education. Except as otherwise provided, that person shall have
 29    the right to automatic renewal of contract by giving notice,  in  writing,  of
 30    acceptance  of renewal. Such notice shall be given to the board of trustees of
 31    the school district then employing such person not later  than  the  fifteenth
 32    day  of  June  preceding  the  expiration of the term of the current contract.
 33    Except as otherwise provided by this paragraph, the board  of  trustees  shall
 34    notify  each  person  entitled  to  be employed on a renewable contract of the
 35    requirement that such person must give the notice hereinabove and that failure
 36    to do so may be interpreted by the board as a  declination  of  the  right  to
 37    automatic renewal or the offer of another contract. Such notification shall be
 38    made,  in  writing,  not later than the twenty-fifth day of May, in each year,
 39    except to those persons to whom the board, prior to said date, has  sent  pro-
 40    posed  contracts for the next ensuing year, or to whom the board has given the
 41    notice required by this section.
 42        Any contract automatically renewed under the provisions  of  this  section
 43    shall be for the same length as the term stated in the current contract and at
 44    a  salary  no  lower than that specified therein, to which shall be added such
 45    increments as may be determined by the statutory or regulatory rights of  such
 46    employee by reason of training, service, or performance.
 47        Nothing herein shall prevent the board of trustees from offering a renewed
 48    contract increasing the salary of any certificated person, or from reassigning
 49    an  administrative  employee  to a nonadministrative position with appropriate
 50    reduction of salary from the preexisting salary level. In the event the  board
 51    of  trustees reassigns an administrative employee to a nonadministrative posi-
 52    tion, the board shall give written notice to the  employee  which  contains  a
 53    statement  of  the  reasons  for  the reassignment. The employee, upon written
                                                                        
                                           9
                                                                        
  1    request to the board, shall be entitled to an informal review  of  that  deci-
  2    sion. The process and procedure for the informal review shall be determined by
  3    the local board of trustees.
  4        Before  a  board  of trustees can determine not to renew for reasons of an
  5    unsatisfactory report of the performance of any certificated person whose con-
  6    tract would otherwise be automatically renewed, or to renew  the  contract  of
  7    any  such  person at a reduced salary, such person shall be entitled to a rea-
  8    sonable period of probation. This period of probation shall be preceded  by  a
  9    written  notice  from the board of trustees with reasons for such probationary
 10    period and with provisions for adequate  supervision  and  evaluation  of  the
 11    person's  performance during the probationary period. Such period of probation
 12    shall not affect the person's renewable contract status. Consideration of pro-
 13    bationary  status for certificated personnel is consideration of the status of
 14    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 15    in executive session. If the consideration results in probationary status, the
 16    individual on probation shall not be named in the minutes of  the  meeting.  A
 17    record of the decision shall be placed in the teacher's personnel file.
 18        If  the  board  of  trustees takes action to immediately discharge or dis-
 19    charge upon termination of the current contract a  certificated  person  whose
 20    contract would otherwise be automatically renewed, or to renew the contract of
 21    any  such person at a reduced salary, the action of the board shall be consis-
 22    tent with the procedures specified in section 33-513(5), Idaho Code, and  fur-
 23    thermore, the board shall notify the employee in writing whether there is just
 24    and  reasonable cause not to renew the contract or to reduce the salary of the
 25    affected employee, and if so, what reasons it relied upon in  that  determina-
 26    tion.
 27        If  the  board of trustees, for reasons other than unsatisfactory service,
 28    for the ensuing contract year, determines to change the  length  of  the  term
 29    stated in the current contract, reduce the salary or not renew the contract of
 30    a certificated person whose contract would otherwise be automatically renewed,
 31    nothing herein shall require a probationary period.
                                                                        
 32        SECTION  5.  That Section 33-1004G, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        33-1004G.  EARLY RETIREMENT INCENTIVE. (1) Each certificated  employee  of
 35    an  Idaho  public  school  district  as defined in section 33-1001 136., Idaho
 36    Code, is eligible for an early retirement incentive, provided  they  meet  the
 37    following criteria:
 38        (a)  The  employee has completed a minimum of ten (10) years of continuous
 39        full-time certified employment in Idaho public  school  districts  at  the
 40        time of application.
 41        (b)  The employee is not eligible for unreduced service, early or disabil-
 42        ity  retirement from the public employee retirement system of Idaho at the
 43        time of application.
 44        (c)  The employee is fifty-five (55) years old before  August  15  of  the
 45        year the  application is made.
 46        (d)  The  employee submits his/her application to the state superintendent
 47        of public instruction on or before April 1 of the  year of application.
 48        (e)  The employee is contracted with an Idaho public school  district  for
 49        the  entire  school  year  during the year of application and has not been
 50        terminated or on a leave of absence for the  current  or  upcoming  school
 51        year.
 52        (2)  (a) Full-time  qualifying  applicants shall receive as a one (1) time
 53        incentive the following amount of the  employee's qualifying salary  allo-
                                                                        
                                           10
                                                                        
  1        cation as provided in section 33-1004E, Idaho Code:
  2    at 55 years of age            55% of allocation
  3    at 56 years of age            50% of allocation
  4    at 57 years of age            45% of allocation
  5    at 58 years of age            40% of allocation
  6    at 59 years of age            30% of allocation
  7    at 60 years of age            30% of allocation
  8    at 61 years of age            20% of allocation
  9    at 62 years of age            20% of allocation
 10    at 63 years of age and over    0% of allocation
 11        (b)  Certified  employees  working  less than full-time in the application
 12        year will have the incentive payment prorated according to their full-time
 13        equivalent (FTE) percentage.
 14        (c)  Incentive payments for certified employees not placed on the  experi-
 15        ence and education multiplier table as provided in section 33-1004A, Idaho
 16        Code, will be calculated using the BA column of the table.
 17        (3)  Incentives and the employer's share of FICA benefits shall be paid by
 18    the  state  department  of  education to the Idaho public school district with
 19    which the applicant was last contracted on or before July 31 of  the  year  of
 20    application and acceptance.
 21        (4)  Incentives  shall be considered additional compensation  flowing from
 22    the employment relationship and subject to federal and state tax laws.  Incen-
 23    tives  shall  not  be  considered  salary for purposes of the  public employee
 24    retirement system.
 25        (5)  Any employee receiving an early retirement incentive as  provided  in
 26    this  section shall not be eligible for future employment with an Idaho school
 27    district where such employment would again qualify him/her  for  participation
 28    in the state retirement system.
 29        (6)  Any  applicant choosing to withdraw their application must notify the
 30    state superintendent of public instruction in writing no later than June 20 in
 31    the year of application.
 32        (7)  A  special  application  of  the  early  retirement  incentive  shall
 33    supercede supersede the limitations of this section to the extent necessary to
 34    comply with this subsection. An otherwise qualified certificated employee  who
 35    becomes medically unable to work prior to July 1 of any year shall be eligible
 36    to  apply for the early retirement incentive for which the employee would have
 37    been eligible retroactive to April 1.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 10043 
                           
          This legislation will clarify the ambiguity surrounding some of the
     problems certain schools have in calculating eligibility for separate school status
     when there are both elementary and secondary students attending the schools. 
          The amendments define elementary schools, secondary schools and
     elementary/secondary schools. 
          The legislation also approves continuing the approved hardship now in
     place for elementary schools unless the status is rescinded by the State Board of
     Education and defines limited hardship secondary school status. 
     
     
     
                    FISCAL IMPACT 
     
     There will be no impact on state revenues but distribution of state school funding
     as previously existed will continue. 
     
     
     
     Contact 
     Name-  Sen. Marguerite McLaughlin
           Sen. Gary Schroeder
      Phone: 332-1351
           332-1321 
     
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                               S1457