2002 Legislation
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HOUSE BILL NO. 543 – Charter schools, admin staff allwnc


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Daily Data Tracking History

H0543..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide that the provision of law
which provides for a reduction in the administrative staff allowance when
there is a discrepancy between the number allowed and the number of
administrative staff actually employed shall not apply to charter schools.
02/04    House intro - 1st rdg - to printing
02/05    Rpt prt - to Educ
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 65-0-5
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block,
      Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
      Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
      Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
      Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Deal, Gagner, Mortensen, Wood
    Floor Sponsor - Hammond
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Educ
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Dunklin
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 109
         Effective: 07/01/02

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 543
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 33-5208, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 10        33-5208.  CHARTER  SCHOOL  FINANCIAL  SUPPORT.  From the state educational
 11    support program the state department of education  shall  make  the  following
 12    apportionment  to each charter school for each fiscal year based on attendance
 13    figures submitted in a manner and time as required by the department of educa-
 14    tion:
 15        (1)  Per student support. Computation of support units  for  each  charter
 16    school  shall  be  calculated as if it were a separate school according to the
 17    schedules in section 33-1002 6., Idaho Code, except that charter schools  with
 18    fewer  than one hundred (100) secondary ADA shall use a divisor of twelve (12)
 19    and the minimum units shall not apply. Funding from the state educational sup-
 20    port program shall be equal to the total distribution factor, plus the salary-
 21    based apportionment provided in chapter 10, title 33, Idaho Code.
 22        (2)  Special education. For each student enrolled in  the  charter  school
 23    who  is  entitled  to  special education services, the state and federal funds
 24    from the exceptional child education program for that student that would  have
 25    been  apportioned for that student to the school district in which the charter
 26    school is located.
 27        (3)  Alternative school support. Charter schools  may  qualify  under  the
 28    provisions  of sections 33-1002 and 33-1002C, Idaho Code, provided the charter
 29    school meets the necessary statutory requirements, and  students  qualify  for
 30    attendance  at an alternative school as provided by rule of the state board of
 31    education.
 32        (4)  Transportation support. Support shall be paid to the  charter  school
 33    as  provided  in  chapter 15, title 33, Idaho Code, and section 33-1006, Idaho
 34    Code. Each charter school shall furnish  the  department  with  an  enrollment
 35    count  as  of  the first Friday in November, of charter school students living
 36    more than one and one-half (1 1/2) miles from the school.
 37        (5)  Payment schedule. The state department of education is authorized  to
 38    make  an  advance  payment  of twenty-five percent (25%) of a charter school's
 39    estimated annual apportionment for its first year of operation, and each  year
 40    thereafter,  provided the charter school has an increase of student population
 41    in any given year of twenty (20) students or more, to assist the  school  with
 42    initial start-up costs or payroll obligations.
 43        (a)  For a state charter school to receive the advance payment, the school
  1        shall  submit  its anticipated fall membership for each grade level to the
  2        state department of education by June 1.
  3        (b)  Using the figures provided by the school,  the  state  department  of
  4        education shall determine an estimated annual apportionment from which the
  5        amount  of  the advance payment shall be calculated. Advance payment shall
  6        be made to the school on or after July 1 but no later than July 31.
  7        (c)  All subsequent payments, taking into  account  the  one-time  advance
  8        payment made for the first year of operation, shall be made to the charter
  9        school  in  the same manner as other public schools in accordance with the
 10        provisions of section 33-1009, Idaho Code.
 11    A charter school shall comply with all applicable fiscal requirements of  law,
 12    except  that  the  following  provisions  shall  not  be applicable to charter
 13    schools: section 33-1003B, Idaho Code, relating to guaranteed minimum support;
 14    that portion of section 33-1004, Idaho Code,  relating  to  reduction  of  the
 15    administrative  and  instructional staff allowance when there is a discrepancy
 16    between the number allowed and  the  number  actually  employed;  and  section
 17    33-1004E, Idaho Code, for calculation of district staff indices.
 18        (6)  Nothing  in  this  chapter shall be construed to prohibit any private
 19    person or organization from providing funding or other financial assistance to
 20    the establishment or operation of a charter school.
 21        (7)  Nothing in this chapter shall prevent a charter school from  applying
 22    for federal grant moneys.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 11694

Idaho Code 33-1004 has a provision that if the allowable number
of instructional or administrative staff is not hired then the
district does not receive the salary allocation for the positions
not used. Idaho Code 33-5208 waives this provision for
instructional staff in charter schools. This means that if a
charter school has more than 13.4 support units they must hire
additional administration in order to receive the full salary
allowance. This legislation waives this requirement for charter
                          FISCAL IMPACT

There is no fiscal impact on the state budget or the state
appropriation to public education.

Name: Dr. Bob Haley, State Department of Education 
Phone: 208-332-6810

STATEMENT OF PURPOSE/FISCAL NOTE                        H 543