Print Friendly HOUSE BILL NO. 278 – Charter school, advance pymt, when
HOUSE BILL NO. 278
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CHARTER SCHOOLS - Amends existing law to authorize advance payment of a
portion of a charter school's estimated annual apportionment under
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
|||| 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
2 RELATING TO CHARTER SCHOOL FINANCIAL SUPPORT; AMENDING SECTION 33-5208, IDAHO
3 CODE, TO AUTHORIZE ADVANCE PAYMENT UNDER SPECIFIED CONDITIONS.
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-
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
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
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.
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
Name: Dr. Marilyn Howard
STATEMENT OF PURPOSE/FISCAL NOTE H 278