2001 Legislation
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HOUSE BILL NO. 278 – Charter school, advance pymt, when


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Daily Data Tracking History

H0278..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to authorize advance payment of a
portion of a charter school's estimated annual apportionment under
specified conditions.
02/16    House intro - 1st rdg - to printing
02/19    Rpt prt - to Educ
03/02    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 59-0-11
      AYES -- Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
      Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy, Denney, Ellis,
      Ellsworth, Eskridge, Field(13), Gagner, Gould, Hadley, Hammond,
      Harwood, Henbest, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake,
      Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stone, Swan(Hansen), Tilman, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barraclough(Barraclough), Callister, Deal,
      Field(20), Jaquet, Jones, Langford, Montgomery, Raybould, Ridinger,
    Floor Sponsor -- Tilman
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Deide
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 114
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 278
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section 33-5208, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        33-5208.  CHARTER SCHOOL FINANCIAL SUPPORT.  From  the  state  educational
  8    support  program  the  state  department of education shall make the following
  9    apportionment to each charter school for each fiscal year based on  attendance
 10    figures submitted in a manner and time as required by the department of educa-
 11    tion:
 12        (1)  Per  student  support.  Computation of support units for each charter
 13    school shall be calculated as if it were a separate school  according  to  the
 14    schedules  in section 33-1002 6., Idaho Code, except that charter schools with
 15    fewer than one hundred (100) secondary ADA shall use a divisor of twelve  (12)
 16    and the minimum units shall not apply. Funding from the state educational sup-
 17    port program shall be equal to the total distribution factor, plus the salary-
 18    based apportionment provided in chapter 10, title 33, Idaho Code.
 19        (2)  Special  education.  For  each student enrolled in the charter school
 20    who is entitled to special education services, the  state  and  federal  funds
 21    from  the exceptional child education program for that student that would have
 22    been apportioned for that student to the school district in which the  charter
 23    school is located.
 24        (3)  Alternative  school  support.  Charter  schools may qualify under the
 25    provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the  charter
 26    school  meets  the  necessary statutory requirements, and students qualify for
 27    attendance at an alternative school as provided by rule of the state board  of
 28    education.
 29        (4)  Transportation  support.  Support shall be paid to the charter school
 30    as provided in chapter 15, title 33, Idaho Code, and  section  33-1006,  Idaho
 31    Code.  Each  charter  school  shall  furnish the department with an enrollment
 32    count as of the first Friday in November, of charter  school  students  living
 33    more than one and one-half (1 1/2) miles from the school.
 34        (5)  Payment  schedule. The state department of education is authorized to
 35    make an one-time advance payment of twenty-five percent  (25%)  of  a  charter
 36    school's  estimated  annual apportionment for its first year of operation, and
 37    each year thereafter, provided the charter school has an increase  of  student
 38    population  in  any  given year of twenty (20) students or more, to assist the
 39    school with initial start-up costs or payroll obligations.
 40        (a)  For a state charter school to receive the advance payment, the school
 41        shall submit its anticipated fall membership for each grade level  to  the
 42        state department of education by June 1.
 43        (b)  Using  the  figures  provided  by the school, the state department of
  1        education shall determine an estimated annual apportionment from which the
  2        amount of the advance payment shall be calculated. Advance  payment  shall
  3        be made to the school on or after July 1 but no later than July 31.
  4        (c)  All  subsequent  payments,  taking  into account the one-time advance
  5        payment made for the first year of operation, shall be made to the charter
  6        school in the  same manner as other public schools in accordance with  the
  7        provisions of section 33-1009, Idaho Code.
  8    A  charter school shall comply with all applicable fiscal requirements of law,
  9    except that the following  provisions  shall  not  be  applicable  to  charter
 10    schools: section 33-1003B, Idaho Code, relating to guaranteed minimum support;
 11    that  portion  of  section  33-1004,  Idaho Code, relating to reduction of the
 12    instructional staff allowance when there is a discrepancy between  the  number
 13    allowed  and  the  number actually employed; and section 33-1004E, Idaho Code,
 14    for calculation of district staff indices.
 15        (6)  Nothing in this chapter shall be construed to  prohibit  any  private
 16    person or organization from providing funding or other financial assistance to
 17    the establishment or operation of a charter school.
 18        (7)  Nothing  in this chapter shall prevent a charter school from applying
 19    for federal grant moneys.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 10902
The purpose of this legislation is to solve a cash flow problem
for growing charter schools. Non-charter public schools collect
local property taxes in December and use that revenue to make
payroll payments until the February payment from the state.
Charter schools do not collect local taxes and therefore have a
difficult time meeting December and January payroll obligations.
This is true only for charter schools that are growing and adding
staff. This occurs because payments from the state prior to the
February payment are based on the previous years support units.
                          FISCAL IMPACT

There will be no fiscal impact on the state general budget and no
fiscal impact on the state public school budget.

Name: Dr. Bob Haley, State Department of Education 
Phone: 208-332-6800
Name: Dr. Marilyn Howard
Phone: 208-332-6800

STATEMENT OF PURPOSE/FISCAL NOTE                        H 278