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H0436.....................................................by APPROPRIATIONS
APPROPRIATIONS - PUBLIC SCHOOLS/OPERATIONS DIVISION - Provides amounts to
be expended from various funds for the public schools; appropriates
$290,221,300 for the Educational Support Program/Division of Operations for
fiscal year 2004; provides for expenditures for certain technology,
including the "Libraries Linking Idaho" Program; provides for expenditures
relating to the Idaho Council for Technology in Learning; appropriates
moneys for property tax replacement; amends and adds to existing law to
create a Public Education Stabilization Fund and to provide for use of the
moneys; to revise the local districts' contribution calculation; to provide
for a maximum amount to be distributed for property tax relief; to revise
reimbursement rates in the school transportation program; to provide that
the July payment to school districts shall take into account certain
adjustments; to provide that certain transfers shall not be considered in
calculating adjustments when the total amount appropriated to the Public
School Income Fund is not transferred; to provide for adjustment of the
distribution to school districts from the Educational Support Program based
upon the actual amount of discretionary funds per support unit; to provide
that funds may be transferred from the Public Education Stabilization Fund;
to direct that certain tobacco settlement moneys be deposited in the
General Fund; to provide an estimate of discretionary funds per support
unit; and to provide for a transfer of funds to the Public Education
Stabilization Fund.
04/25 House intro - 1st rdg - to printing
04/28 Rpt prt - to 2nd rdg
04/29 2nd rdg - to 3rd rdg
05/01 Ret'd to Approp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 436
BY APPROPRIATIONS COMMITTEE
1 AN ACT
2 RELATING TO PROVISIONS GOVERNING DISTRIBUTION AND APPROPRIATION FOR PUBLIC
3 SCHOOLS DIVISION OF OPERATIONS; PROVIDING THE AMOUNT TO BE EXPENDED FROM
4 STATE SOURCES FOR THE PUBLIC SCHOOLS DIVISION OF OPERATIONS; APPROPRIATING
5 GENERAL FUND MONEYS FOR TRANSFER TO THE PUBLIC SCHOOL INCOME FUND; APPRO-
6 PRIATING FUNDS TO THE EDUCATIONAL SUPPORT PROGRAM/DIVISION OF OPERATIONS
7 FOR FISCAL YEAR 2004; DIRECTING THAT $3,100,000 IN ONGOING EXPENDITURES
8 AND $3,900,000 IN ONE-TIME EXPENDITURES BE EXPENDED FOR THE PUBLIC SCHOOL
9 TECHNOLOGY GRANT PROGRAM, AND DIRECTING THAT $300,000 BE TRANSFERRED TO
10 THE LIBRARY SERVICES IMPROVEMENT FUND; DIRECTING THAT NOT MORE THAN
11 $173,000 BE EXPENDED FOR IDAHO COUNCIL FOR TECHNOLOGY IN LEARNING
12 EXPENSES; APPROPRIATING THE AMOUNT OF GENERAL FUND MONEY NECESSARY AS
13 DETERMINED BY SECTION 33-1002D, IDAHO CODE, FOR PROPERTY TAX REPLACEMENT;
14 PROVIDING MONEYS FOR THE FINAL PHASE OF THE IMPLEMENTATION OF ACHIEVEMENT
15 STANDARDS; AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION OF A
16 NEW SECTION 33-907, IDAHO CODE, TO CREATE THE PUBLIC EDUCATION STABILIZA-
17 TION FUND, TO PROVIDE MONEYS FOR THE FUND, TO PROVIDE FOR USES OF MONEYS
18 IN THE FUND AND TO PROVIDE FOR TRANSFER OF CERTAIN ACCUMULATED BALANCES;
19 AMENDING SECTION 33-1002, IDAHO CODE, TO REVISE THE LOCAL SCHOOL DIS-
20 TRICTS' CONTRIBUTION CALCULATION; AMENDING SECTION 33-1002D, IDAHO CODE,
21 TO PROVIDE FOR A MAXIMUM AMOUNT TO BE DISTRIBUTED FOR PROPERTY TAX RELIEF
22 AND TO PROVIDE FOR A PRO RATA DISTRIBUTION TO SCHOOL DISTRICTS; AMENDING
23 SECTION 33-1006, IDAHO CODE, TO PROVIDE THAT COSTS OF CERTAIN ADDITIONAL
24 FEATURES NOT PART OF A BASIC VEHICLE SHALL NOT BE REIMBURSED, TO DEFINE A
25 BASIC VEHICLE, TO MAKE TECHNICAL CORRECTIONS, TO LIMIT REIMBURSEMENT
26 RATES, TO PROVIDE FOR TIME LIMITATIONS AND REVIEW AND TO ALLOW SCHOOL DIS-
27 TRICTS TO APPLY FOR LOANS; AMENDING SECTION 33-1009, IDAHO CODE, TO PRO-
28 VIDE THAT THE JULY PAYMENT TO SCHOOL DISTRICTS SHALL TAKE INTO ACCOUNT THE
29 ADJUSTMENT REQUIRED BY THE PROVISIONS OF SECTION 33-1018, IDAHO CODE, TO
30 PROVIDE THAT TRANSFERS INVOLVING THE PUBLIC EDUCATION STABILIZATION FUND
31 SHALL NOT BE CONSIDERED IN CALCULATING ADJUSTMENTS WHEN THE TOTAL
32 AMOUNT APPROPRIATED TO THE PUBLIC SCHOOL INCOME FUND IS NOT TRANSFERRED
33 AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 10, TITLE 33, IDAHO
34 CODE, BY THE ADDITION OF A NEW SECTION 33-1018, IDAHO CODE, TO PROVIDE FOR
35 ADJUSTMENT OF THE DISTRIBUTION TO SCHOOL DISTRICTS FROM THE EDUCATIONAL
36 SUPPORT PROGRAM BASED ON THE ACTUAL AMOUNT OF DISCRETIONARY FUNDS PER
37 SUPPORT UNIT; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION
38 OF A NEW SECTION 33-1018A, IDAHO CODE, TO PROVIDE THAT FUNDS MAY BE TRANS-
39 FERRED FROM THE PUBLIC EDUCATION STABILIZATION FUND BY THE BOARD OF EXAM-
40 INERS AND TO PROVIDE THAT FUNDS MAY BE APPROPRIATED TO OFFSET DECLINING
41 DISTRIBUTIONS FROM THE SCHOOL EARNINGS RESERVE FUND; EXPRESSING LEGISLA-
42 TIVE INTENT REGARDING THE ALLOCATION OF CERTAIN INVESTMENT GAINS AND
43 LOSSES; DIRECTING THAT CERTAIN TOBACCO SETTLEMENT FUNDS BE DEPOSITED IN
44 THE GENERAL FUND; TO PROVIDE AN ESTIMATE OF DISCRETIONARY FUNDS PER SUP-
45 PORT UNIT; TRANSFERRING MONEYS TO THE PUBLIC EDUCATION STABILIZATION FUND;
46 DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES.
2
1 Be It Enacted by the Legislature of the State of Idaho:
2 SECTION 1. The following amount shall be expended from state sources for
3 the Public Schools Division of Operations for the period July 1, 2003, through
4 June 30, 2004:
5 FROM:
6 General Fund $243,341,300
7 Public School Endowment Earnings Reserve Fund Transfer 37,750,000
8 Federal Mineral Royalties 1,500,000
9 Liquor Control Fund 1,200,000
10 Miscellaneous Receipts/Balances 1,250,000
11 Federal Grant Fund 5,180,000
12 TOTAL $290,221,300
13 SECTION 2. There is hereby appropriated the following amount to be trans-
14 ferred to the Public School Income Fund for the period July 1, 2003, through
15 June 30, 2004:
16 FROM:
17 General Fund $243,341,300
18 SECTION 3. There is hereby appropriated to the Educational Support
19 Program/Division of Operations, pursuant to law and the provisions of this
20 act, the following amounts to be expended from the listed funds for the period
21 July 1, 2003, through June 30, 2004:
22 FROM:
23 Public School Income Fund $285,041,300
24 Federal Grant Fund 5,180,000
25 TOTAL $290,221,300
26 SECTION 4. Of the moneys appropriated in Section 3 of this act,
27 $7,300,000 shall be expended by the Superintendent of Public Instruction as
28 follows: $3,100,000 for ongoing expenditures and $3,900,000 for one-time
29 expenditures for the Public School Technology Grant Program upon direction of
30 the Idaho Council for Technology in Learning, for software purchases, technol-
31 ogy equipment repairs and maintenance, and equipment necessary to administer
32 state-required assessments; and $300,000 to be transferred to the Library Ser-
33 vices Improvement Fund for the State Library's "Libraries Linking Idaho"
34 (LiLI) statewide database licensing project. It is the intent of the Legisla-
35 ture that, beginning in Fiscal Year 2006, the $7,300,000 in technology funds
36 will be utilized to support the $7,000,000 annual cost of the Idaho School
37 Information Management System and the $300,000 annual allocation for the
38 Libraries Linking Idaho Program.
39 SECTION 5. Of the $7,300,000 referenced in Section 4 of this act, an
40 amount not to exceed $173,000 may be expended by the Superintendent of Public
41 Instruction for staff support and various expenses related to the Idaho Coun-
42 cil for Technology in Learning as approved by the State Board of Education.
43 SECTION 6. Of the moneys appropriated in Section 3 of this act, there is
44 hereby appropriated the amount necessary for property tax replacement, subject
45 to the limitations of law, to be expended according to Section 33-1002D, Idaho
46 Code, for the period July 1, 2003, through June 30, 2004.
47 SECTION 7. Of the moneys appropriated in Section 3 of this act, $33,700
48 in General Fund moneys and $101,000 in federal grant funds shall be for the
3
1 third and final phase of the implementation of achievement standards estab-
2 lished under the provisions of the rules of the State Board of Education,
3 IDAPA 08.02.03. These funds shall be distributed according to formulas and
4 criteria established by the Superintendent of Public Instruction. It is legis-
5 lative intent that the State Department of Education and State Board of Educa-
6 tion seek any waivers that may be necessary to utilize the $101,000 in federal
7 grant funds.
8 SECTION 8. That Chapter 9, Title 33, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 33-907, Idaho Code, and to read as follows:
11 33-907. PUBLIC EDUCATION STABILIZATION FUND. There is hereby created in
12 the state treasury a fund to be known as the public education stabilization
13 fund, which shall function as a fund detail of the public school income fund.
14 The fund shall consist of moneys transferred to the fund according to the pro-
15 visions of section 33-1018, Idaho Code, and any other moneys made available
16 through legislative transfers or appropriations. Moneys in the fund are hereby
17 continuously appropriated for the purposes stated in section 33-1018, Idaho
18 Code, and shall only be expended for the purposes stated in sections 33-1018
19 and 33-1018A, Idaho Code. Any accumulated balances in the fund that are in
20 excess of three percent (3%) of the current fiscal year's total general fund
21 appropriation for public school support shall be transferred to the bond levy
22 equalization fund. Interest earned from the investment of moneys in the fund
23 shall be credited to the public school income fund.
24 SECTION 9. That Section 33-1002, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is
27 calculated as follows:
28 1. State Educational Support Funds. Add the state appropriation, includ-
29 ing the moneys available in the public school income fund, together with all
30 miscellaneous revenues to determine the total state funds.
31 2. From the total state funds subtract the following amounts needed for
32 state support of special programs provided by a school district:
33 a. Pupil tuition-equivalency allowances as provided in section 33-1002B,
34 Idaho Code;
35 b. Transportation support program as provided in section 33-1006, Idaho
36 Code;
37 c. Feasibility studies allowance as provided in section 33-1007A, Idaho
38 Code;
39 d. The approved costs for border district allowance, provided in section
40 33-1403, Idaho Code, as determined by the state superintendent of public
41 instruction;
42 e. The approved costs for exceptional child approved contract allowance,
43 provided in subsection 2. of section 33-2004, Idaho Code, as determined by
44 the state superintendent of public instruction;
45 f. Certain expectant and delivered mothers allowance as provided in sec-
46 tion 33-2006, Idaho Code;
47 g. Salary-based apportionment calculated as provided in sections 33-1004
48 through 33-1004F, Idaho Code;
49 h. Unemployment insurance benefit payments according to the provisions of
50 section 72-1349A, Idaho Code;
51 i. For programs to provide basic curricula necessary to enable students
4
1 to enter academic or professional-technical postsecondary education pro-
2 grams, an allocation of $300 per support unit for the 1994-95 school year
3 only;
4 j. For provision of teacher supplies to facilitate classroom instruction,
5 an allocation of $200 per support unit for the 1994-95 school year only;
6 k. For expenditure as provided by the public school technology program,
7 $10,400,000 for the 1994-95 school year;
8 l. For additional school innovation pilot project grants based on recom-
9 mendations of the Idaho school reform committee, $2,000,000 for the
10 1994-95 school year;
11 m. For the support of provisions that provide a safe environment condu-
12 cive to student learning and maintain classroom discipline, an allocation
13 of $300 per support unit; and
14 n. Any additional amounts as required by statute to effect administrative
15 adjustments or as specifically required by the provisions of any bill of
16 appropriation;
17 to secure the state educational support funds.
18 3. Local Districts' Contribution Calculation. Without including any
19 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho
20 Code, the local districts' contribution shall be four-tenths the amount appro-
21 priated pursuant to section 33-1002D, Idaho Code, plus three-tenths percent
22 (.43%) during fiscal year 1994-95 2003-04 and each year thereafter, of the
23 total state adjusted market value for assessment purposes for the previous
24 year with such value being determined by the provisions of section 63-315,
25 Idaho Code, and four-tenths percent (.4%) during fiscal year 1994-95 and each
26 year thereafter, of the cooperative electrical associations' property values
27 that have been derived from the taxes paid in lieu of ad valorem taxes for the
28 previous year as provided in section 63-3502, Idaho Code.
29 4. Educational Support Program Distribution Funds. Add the local dis-
30 tricts' contribution, subsection 3. of this section, and the state educational
31 support program funds, subsection 1. of this section, together to secure the
32 total educational support program distribution funds.
33 5. Average Daily Attendance. The total state average daily attendance
34 shall be the sum of the average daily attendance of all of the school dis-
35 tricts of the state. The state board of education shall establish rules set-
36 ting forth the procedure to determine average daily attendance and the time
37 for, and method of, submission of such report. Average daily attendance calcu-
38 lation shall be carried out to the nearest hundredth. Computation of average
39 daily attendance shall also be governed by the provisions of section 33-1003A,
40 Idaho Code.
41 6. Support Units. The total state support units shall be determined by
42 using the tables set out hereafter called computation of kindergarten support
43 units, computation of elementary support units, computation of secondary sup-
44 port units, computation of exceptional education support units, and computa-
45 tion of alternative school secondary support units. The sum of all of the
46 total support units of all school districts of the state shall be the total
47 state support units.
48 COMPUTATION OF KINDERGARTEN SUPPORT UNITS
49 Average Daily
50 Attendance Attendance Divisor Units Allowed
51 41 or more .... 40....................... 1 or more as computed
52 31 - 40.99 ADA.... -....................... 1
53 26 - 30.99 ADA.... -....................... .85
54 21 - 25.99 ADA.... -....................... .75
55 16 - 20.99 ADA.... -....................... .6
5
1 8 - 15.99 ADA.... -....................... .5
2 1 - 7.99 ADA.... -....................... count as elementary
3 COMPUTATION OF ELEMENTARY SUPPORT UNITS
4 Average Daily
5 Attendance Attendance Divisor Minimum Units Allowed
6 300 or more ADA........................................ 15
7 ..23...grades 4,5 & 6....
8 ..22...grades 1,2 & 3....1994-95
9 ..21...grades 1,2 & 3....1995-96
10 ..20...grades 1,2 & 3....1996-97
11 and each year thereafter.
12 160 to 299.99 ADA... 20..................... 8.4
13 110 to 159.99 ADA... 19..................... 6.8
14 71.1 to 109.99 ADA... 16..................... 4.7
15 51.7 to 71.0 ADA... 15..................... 4.0
16 33.6 to 51.6 ADA... 13..................... 2.8
17 16.6 to 33.5 ADA... 12..................... 1.4
18 1.0 to 16.5 ADA... n/a.................... 1.0
19 COMPUTATION OF SECONDARY SUPPORT UNITS
20 Average Daily
21 Attendance Attendance Divisor Minimum Units Allowed
22 750 or more .... 18.5..................... 47
23 400 - 749.99 ADA.... 16....................... 28
24 300 - 399.99 ADA.... 14.5..................... 22
25 200 - 299.99 ADA.... 13.5..................... 17
26 100 - 199.99 ADA.... 12....................... 9
27 99.99 or fewer Units allowed as follows:
28 Grades 7-12 ......................... 8
29 Grades 9-12 ......................... 6
30 Grades 7- 9 ......................... 1 per 14 ADA
31 Grades 7- 8 ......................... 1 per 16 ADA
32 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
33 Average Daily
34 Attendance Attendance Divisor Minimum Units Allowed
35 14 or more .... 14.5..................... 1 or more as computed
36 12 - 13.99.... -....................... 1
37 8 - 11.99.... -....................... .75
38 4 - 7.99.... -....................... .5
39 1 - 3.99.... -....................... .25
40 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
41 Pupils in Attendance Attendance Divisor Minimum Units Allowed
42 12 or more.......... 12...................... 1 or more as computed
43 In applying these tables to any given separate attendance unit, no school
44 district shall receive less total money than it would receive if it had a
45 lesser average daily attendance in such separate attendance unit. In applying
46 the kindergarten table to a kindergarten program of less days than a full
47 school year, the support unit allowance shall be in ratio to the number of
48 days of a full school year. The tables for exceptional education and alterna-
49 tive school secondary support units shall be applicable only for programs
50 approved by the state department of education following rules established by
6
1 the state board of education. Moneys generated from computation of support
2 units for alternative schools shall be utilized for alternative school pro-
3 grams. School district administrative and facility costs may be included as
4 part of the alternative school expenditures.
5 7. State Distribution Factor per Support Unit. Divide educational support
6 program distribution funds, after subtracting the amounts necessary to pay the
7 obligations specified in subsection 2. of this section, by the total state
8 support units to secure the state distribution factor per support unit.
9 8. District Share of State Funds for Educational Support Program. Ascer-
10 tain a district's share of state funds for the educational support program as
11 follows:
12 a. District Contribution Calculation. Without including any allowance as
13 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code,
14 the district contribution calculation shall be the rate determined under
15 subsection 3. of this section.
16 b. District Support Units. The number of support units for each school
17 district in the state shall be determined as follows:
18 (1) Divide the actual average daily attendance, excluding students
19 approved for inclusion in the exceptional child educational program,
20 for the administrative schools and each of the separate schools and
21 attendance units by the appropriate divisor from the tables of sup-
22 port units in this section, then add the quotients to obtain the
23 district's support units allowance for regular students, kindergarten
24 through grade 12 including alternative school secondary students.
25 Calculations in application of this subsection shall be carried out
26 to the nearest tenth.
27 (2) Divide the combined totals of the average daily attendance of
28 all preschool, handicapped, kindergarten, elementary, secondary and
29 juvenile detention center students approved for inclusion in the
30 exceptional child program of the district by the appropriate divisor
31 from the table for computation of exceptional education support units
32 to obtain the number of support units allowed for the district's
33 approved exceptional child program. Calculations for this subsection
34 shall be carried out to the nearest tenth when more than one (1) unit
35 is allowed.
36 (3) The total number of support units of the district shall be the
37 sum of the total support units for regular students, subsection
38 8.b.(1) of this section, and the support units allowance for the
39 approved exceptional child program, subsection 8.b.(2) of this sec-
40 tion.
41 c. Total District Allowance Educational Program. Multiply the district's
42 total number of support units, carried out to the nearest tenth, by the
43 state distribution factor per support unit and to this product add the
44 approved amount of programs of the district provided in subsection 2. of
45 this section to secure the district's total allowance for the educational
46 support program.
47 d. District Share. To secure the district's share of state apportionment,
48 subtract the amount of the local district contribution calculation, sub-
49 section 3. of this section, from the amount of the total district allow-
50 ance, subsection 8.c. of this section.
51 e. Adjustment of District Share. The contract salary of every noncertifi-
52 cated teacher shall be subtracted from the district's share as calculated
53 from the provisions of subsection 8.d. of this section.
54 SECTION 10. That Section 33-1002D, Idaho Code, be, and the same is hereby
7
1 amended to read as follows:
2 33-1002D. PROPERTY TAX REPLACEMENT. The purpose of this section is to
3 replace a portion of the authorized school maintenance and operation property
4 tax levy with state sales tax receipts. As used in this section, the term
5 "property tax computation ratio" shall mean a ratio determined by dividing the
6 district's certified property tax maintenance and operation budget by the
7 actual or adjusted market value for assessment purposes as such values existed
8 on December 31 of the previous calendar year.
9 (1) (a) In the case of a school district that had a property tax computa-
10 tion ratio of not less than four-tenths of one percent (.4%) in tax year
11 1994, that school district shall receive from the appropriations made for
12 that purpose, an amount equal to the greater of the district's actual or
13 adjusted market value for assessment purposes as such valuation existed on
14 December 31 of the previous calendar year multiplied by one-tenth of one
15 percent (.1%).
16 (b) In the case of a school district that had a property tax computation
17 ratio of less than four-tenths of one percent (.4%) in tax year 1994, the
18 greater of the 1992, 1993 or 1994 property tax computation ratio less
19 three-tenths of one percent (.3%) shall be designated the district's base
20 multiplier. In no case shall the base multiplier be less than zero (0).
21 Four-tenths of one percent (.4%) less the greater of the district's 1992,
22 1993 or 1994 property tax computation ratio shall be designated the
23 district's adjustment factor. In no case shall the adjustment factor be
24 greater than one-tenth of one percent (.1%) or less than zero (0). Each
25 school district's actual multiplier shall be the base multiplier plus one-
26 fifth (1/5) of the adjustment factor in tax year 1995, the base multiplier
27 plus two-fifths (2/5) of the adjustment factor in tax year 1996, the base
28 multiplier plus three-fifths (3/5) of the adjustment factor in tax year
29 1997, the base multiplier plus four-fifths (4/5) of the adjustment factor
30 in tax year 1998, and the base multiplier plus the adjustment factor in
31 tax year 1999 and beyond. Each school district shall receive, from the
32 appropriations made for that purpose, an amount equal to the district's
33 actual or adjusted market value for assessment purposes as such valuation
34 existed on December 31 of the previous calendar year multiplied by the
35 district's actual multiplier.
36 (c) The preceding provisions of this subsection notwithstanding, appro-
37 priations from the state for the value of one-tenth of one percent (.1%)
38 of the greater of the district's actual or adjusted market value for
39 assessment purposes as such valuation existed on December 31 of the previ-
40 ous calendar year shall not exceed seventy-five million dollars
41 ($75,000,000) in any fiscal year. If the amount school districts would
42 otherwise be entitled to receive pursuant to the preceding provisions of
43 this subsection exceeds seventy-five million dollars ($75,000,000), then
44 each school district shall receive its pro rata share of seventy-five mil-
45 lion dollars ($75,000,000).
46 (2) (a) Participation in this property tax reduction program is voluntary
47 for a charter district. If a charter district participates, in addition to
48 the provisions of subsection (1) of this section it shall not have a prop-
49 erty tax computation ratio that is above three-tenths of one percent
50 (.3%) or the district's property tax computation ratio in tax year 1994,
51 less one-tenth of one percent (.1%), whichever is greater.
52 (b) If in any year the charter district's property tax computation ratio
53 used to calculate its maintenance and operation budget is increased above
54 the limit specified in this subsection the district shall not be eligible
8
1 for the distribution pursuant to subsection (1) of this section for that
2 year.
3 (3) Limitations imposed upon a school district's property tax computation
4 ratio under the provisions of this section do not apply to any levy approved
5 by electors of the school district as provided by law.
6 (4) Distributions calculated as provided in this section shall be made to
7 school districts of this state in two (2) equal installments on the due dates
8 as specified in section 63-903(1), Idaho Code, for the property taxes being
9 replaced.
10 (5) For purposes of section 33-1002, Idaho Code, moneys distributed pur-
11 suant to this section shall not be included in determining total state funds.
12 SECTION 11. That Section 33-1006, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-1006. TRANSPORTATION SUPPORT PROGRAM. (1) The state board of educa-
15 tion shall determine what costs of transporting pupils, including maintenance,
16 operation and depreciation of basic vehicles, insurance, payments under con-
17 tract with other public transportation providers whose vehicles used to trans-
18 port pupils comply with federal transit administration regulations, "bus test-
19 ing," 49 C.F.R. part 665, and any revision thereto, as provided in subsection
20 (4.)(d) of this section, or other state department of education approved pri-
21 vate transportation providers, salaries of drivers, and any other costs, shall
22 be allowable in computing the transportation support program of school dis-
23 tricts.
24 (2) Any costs associated with the addition of vehicle features that are
25 not part of the basic vehicle shall not be allowable in computing the trans-
26 portation support program of school districts. A basic vehicle is hereby
27 defined as the cost of the vehicle without optional features, plus the addi-
28 tion of essential safety features and features necessary for the transporta-
29 tion of pupils with disabilities.
30 (3) Each school district shall maintain records and make reports as are
31 required for the purposes of this section.
32 (4) The transportation support program of a school district shall be
33 based upon the allowable costs of:
34 1.(a) Transporting public school pupils one and one-half (1 1/2) miles or
35 more to school;
36 2.(b) Transporting pupils less than one and one-half (1 1/2) miles as
37 provided in section 33-1501, Idaho Code, when approved by the state board
38 of education;
39 3.(c) The costs of payments when transportation is not furnished, as pro-
40 vided in section 33-1503, Idaho Code;
41 4.(d) The transportation program for grades six (6) through twelve (12),
42 upon the costs of payments pursuant to a contract with other public or
43 private transportation providers entered into as provided in section
44 33-1510, Idaho Code, if the school district establishes that the reim-
45 bursable costs of transportation under the contract are equal to or less
46 than the costs for school buses.;
47 5.(e) The costs of providing transportation to and from approved school
48 activities as may be approved by rules of the state board of education;
49 6.(f) The employer's share of contributions to the public employee
50 retirement system and to social security.
51 (5) The state's share of the transportation support program shall be
52 eighty-five percent (85%) of allowable transportation costs of the district
53 for incurred during the next immediately preceding state fiscal year, pro-
9
1 vided the allowable costs do not exceed one hundred three percent (103%) of
2 the state average reimbursable cost per mile or the state average reimbursable
3 cost per student, whichever is more advantageous to the school district. If a
4 school district's costs exceed the one hundred three percent (103%) limit when
5 computed by the more advantageous of the two (2) methods, that school district
6 shall be reimbursed at eighty-five percent (85%) of the maximum limit for
7 whichever method is more favorable to the school district. A school district
8 may appeal the application of the one hundred three percent (103%) limit on
9 allowable costs to the state board of education, which may establish for that
10 district a new percentile limit for allowable costs compared to the state
11 average, which is higher than one hundred three percent (103%). In doing so,
12 the state board of education may set a new limit that is greater than one hun-
13 dred three percent (103%), but is less than the percentile limit requested by
14 the school district. Any costs above the new level established by the state
15 board of education shall not be reimbursed. Such a change shall only be
16 granted by the state board of education if the application can be justified
17 based on uniquely difficult geographic circumstances, or extraordinary one (1)
18 time circumstances outside the district's foresight and control. An applica-
19 tion granted based on extraordinary one (1) time circumstances shall be effec-
20 tive for one (1) year only. An application based on uniquely difficult geo-
21 graphic circumstances shall be reviewed by the state board of education for
22 continued validity at least every five (5) years.
23 (6) School districts that are unable to absorb the impact of the limita-
24 tion on reimbursable expenses, through either efficiencies or the utilization
25 of fund balances, may apply to the state board of education to receive a loan
26 of moneys, not to exceed the amount of state funds lost through the applica-
27 tion of the limitation on reimbursable expenses, from the public education
28 stabilization fund. Any school district receiving such a loan shall cause its
29 reimbursement of state transportation moneys to be reduced by a like amount in
30 the subsequent fiscal year, and the moneys so reduced shall be deposited in
31 the public education stabilization fund.
32 SECTION 12. That Section 33-1009, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-1009. PAYMENTS FROM THE PUBLIC SCHOOL INCOME FUND.
35 1. a. Payments of the state general account appropriation for public
36 school support shall be made each year by the state board of education to
37 the public school districts of the state in five (5) payments. Payments to
38 the districts shall be made not later than the fifteenth day of August,
39 the first day of October, the fifteenth day of November, the fifteenth day
40 of February, and the fifteenth day of May each year. Each payment by the
41 state board of education shall be approximately twenty percent (20%) of
42 the total general account appropriation for the fiscal year. Amounts
43 apportioned due to a special transfer to the public school income fund to
44 restore or reduce a deficiency in the prior year's transfer pursuant to
45 subsection 4. of this section shall not be subject to this limitation.
46 b. Payments of moneys, other than the state general account appropria-
47 tion, that accrue to the public school income fund shall be made by the
48 state board of education to the school districts of the state on the fif-
49 teenth day of November, February, May and July each year. The total amount
50 of such payments shall be determined by the state department of education
51 and shall not exceed the amount of moneys available and on deposit in the
52 public school income fund at the time such payment is made.
53 c. Amounts apportioned due to a special transfer to the public school
10
1 income fund to restore or reduce a deficiency in the prior year's transfer
2 pursuant to subsection 4. of this section shall not be subject to the lim-
3 itation imposed by paragraphs a. and b.
4 2. Payments made to the school districts in August, October and November
5 are advance payments for the current year and will be based upon payments from
6 the public school income fund for the preceding school year. Each school dis-
7 trict shall receive its proportionate share of the advance payments in the
8 same ratio that its total payment for the preceding year was to the total pay-
9 ments to all school districts for the preceding year.
10 3. No later than the fifteenth day of February in each year, the state
11 department of education shall compute the state distribution factor based on
12 the total average daily attendance through the first Friday in November. The
13 factor will be used in payments of state funds in February and May. Attendance
14 shall be reported in a format and at a time specified by the state department
15 of education.
16 As of the thirtieth day of June of each year the state department of edu-
17 cation shall determine final payments to be made on July fifteenth next suc-
18 ceeding to the several school districts from the public school income fund for
19 the school year ended June 30. The July payments shall take into consider-
20 ation:
21 a. the average daily attendance of the several school districts for the
22 twenty-eight (28) best weeks of the school year completed not later than
23 the thirtieth of June,
24 b. all funds available in the public school income fund for the fiscal
25 year ending on the thirtieth of June,
26 c. all payments distributed for the current fiscal year to the several
27 school districts,
28 d. the adjustment based on the actual amount of discretionary funds per
29 support unit required by the provisions of section 33-1018, Idaho Code,
30 e. payments made or due for the transportation support program and the
31 exceptional education support program. The state department of education
32 shall apportion and direct the payment to the several school districts the
33 moneys in the public school income fund in each year, taking into account
34 the advance made under subsection 2. of this section, in such amounts as
35 will provide in full for each district its support program, and not more
36 than therefor required, and no school district shall receive less than
37 fifty dollars ($50.00).
38 4. If the full amount appropriated to the public school income fund from
39 the general account by the legislature is not transferred to the public school
40 income fund by the end of the fiscal year, the deficiency resulting therefrom
41 shall either be restored or reduced through a special transfer from the gen-
42 eral account in the first sixty (60) days of the following fiscal year, or
43 shall be calculated in computing district levies, and any additional levy
44 shall be certified by the state superintendent of public instruction to the
45 board of county commissioners and added to the district's maintenance and
46 operation levy. If the deficiency is restored or reduced by special transfer,
47 the amount so transferred shall be in addition to the amount appropriated to
48 be transferred in such following fiscal year, and shall be apportioned to each
49 school district in the same amount as each would have received had the trans-
50 fer been made in the year the deficiency occurred. The state department of
51 education shall distribute to the school district the full amount of the spe-
52 cial transfer as soon as practical after such transfer is made. In making the
53 levy computations required by this subsection the state department of educa-
54 tion shall take into account and consider the full amount of money receipted
55 into the public school income fund from all sources for the given fiscal year.
11
1 Deficits in the transfer of the appropriated amount of general account revenue
2 to the public school income fund shall be reduced by the amount, if any, that
3 the total amount receipted from other sources into the public school income
4 fund exceeds the official estimated amount from those sources. The official
5 estimate of receipts from other sources shall be the total amount stated by
6 the legislature in the appropriation bill. The provisions of this subsection
7 shall not apply to any transfers to or from the public education stabilization
8 fund.
9 5. Any apportionments in any year, made to any school district, which may
10 within the succeeding three (3) year period be found to have been in error
11 either of computation or transmittal, may be corrected during the three (3)
12 year period by reduction of apportionments to any school district to which
13 over-apportionments may have been made or received, and corresponding
14 additions to apportionments to any school district to which under-
15 apportionments may have been made or received.
16 SECTION 13. That Chapter 10, Title 33, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 33-1018, Idaho Code, and to read as follows:
19 33-1018. PUBLIC SCHOOL DISCRETIONARY FUNDING VARIABILITY. The legislature
20 shall annually state in the appropriation for the educational support
21 program/division of operations the estimate of the total discretionary funding
22 provided per support unit. The department of education shall, before the end
23 of each fiscal year, calculate the actual discretionary funding available per
24 support unit.
25 (1) If the total estimated discretionary funding per support unit stated
26 in the appropriation for the educational support program/division of opera-
27 tions is lower than the actual discretionary funding available per support
28 unit, then the state controller shall multiply the difference by the number of
29 actual support units, and transfer the result from the public school income
30 fund to the public education stabilization fund and the final distributions to
31 school districts from the department of education shall be reduced by a like
32 amount.
33 (2) If the total estimated discretionary funding per support unit stated
34 in the appropriation for the educational support program/division of opera-
35 tions is greater than the actual discretionary funding available per support
36 unit, then the state controller shall multiply the difference by the number of
37 actual support units, and transfer the result from the public education stabi-
38 lization fund to the public school income fund. This transfer shall be limited
39 to moneys available in the public education stabilization fund. Moneys trans-
40 ferred from the public education stabilization fund to the public school
41 income fund under the provisions of this section are hereby continuously
42 appropriated for the educational support program/division of operations.
43 SECTION 14. That Chapter 10, Title 33, Idaho Code, be, and the same is
44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
45 ignated as Section 33-1018A, Idaho Code, and to read as follows:
46 33-1018A. OTHER USES OF PUBLIC EDUCATION STABILIZATION FUND. (1) If, in
47 any fiscal year, general fund revenues are inadequate to sustain general fund
48 appropriations made for that year by the legislature, then the board of exam-
49 iners may transfer moneys from the public education stabilization fund to the
50 general fund. The maximum amount that may be transferred by the board in any
51 fiscal year shall be determined by dividing the total of all general fund
12
1 appropriations for the educational support program by the total of all general
2 fund appropriations, and multiplying the result by the amount of the shortfall
3 in general fund revenues.
4 (2) The governor may recommend, and the legislature may authorize, the
5 appropriation of moneys from the public education stabilization fund to offset
6 declining distributions from the public school earnings reserve fund to the
7 public school income fund.
8 SECTION 15. It was and remains the intent of the Legislature that the
9 provisions of Chapter 254, Laws of 2001, be applied to the allocation of
10 investment gains and losses between Earnings Reserve Funds and Permanent
11 Endowment Funds during the period July 1, 2000, through June 30, 2001. Any
12 reallocations made necessary by the application of these provisions shall be
13 completed by no later than July 1, 2003.
14 SECTION 16. Notwithstanding the provisions of Section 67-1801, Idaho
15 Code, the State Treasurer is hereby directed to deposit into the General Fund
16 the first $12,025,000 in tobacco payments distributed to the state of Idaho
17 pursuant to the Master Settlement Agreement during the period July 1, 2003,
18 through June 30, 2004.
19 SECTION 17. Pursuant to the provisions of Section 33-1018, Idaho Code, it
20 is estimated that the appropriation of state funds to the Educational Support
21 Program/Division of Operations will result in total discretionary funds of
22 $24,447 per support unit.
23 SECTION 18. The State Controller shall transfer $12,025,000 from the Pub-
24 lic School Income Fund to the Public Education Stabilization Fund.
25 SECTION 19. An emergency existing therefor, which emergency is hereby
26 declared to exist, Section 15 of this act shall be in full force and effect on
27 and after passage and approval; the remaining provisions of this act shall be
28 in full force and effect on and after July 1, 2003.
STATEMENT OF PURPOSE
RS13296C2
FISCAL NOTE
Public Schools Budget Breakout
This is the FY 2004 appropriation
for the Division of Operations portion of the Public Schools budget.
| FY 2003 Approp. |
FY 2004 $943 Budget |
Div. of Operations |
||
|
I. |
STATE APPROPRIATION |
|||
|
A. |
Sources of Funds |
|||
|
1. |
General Fund |
$920,000,000 |
$943,000,800 |
$243,341,300 |
| percent change: |
1.1% |
2.5% |
||
|
2. |
Dedicated Funds |
$65,513,000 |
$55,650,000 |
$41,700,000 |
| percent change: |
1.1% |
-15.1% |
||
|
3. |
Federal Funds |
$0 |
$153,980,000 |
$5,180,000 |
| percent change: |
– |
– |
||
|
4. |
TOTAL STATE APPROPRIATIONS |
$985,513,000 |
$1,152,630,800 |
$290,221,300 |
|
percent change*: |
1.1% |
17.0% |
||
|
II. |
PROGRAM DISTRIBUTION |
|||
|
A. |
Statutory Requirements |
|||
|
1. |
Property Tax Replacement |
$68,935,700 |
$73,022,700 |
$73,022,700 |
|
2. |
Transportation |
$57,654,500 |
$57,773,000 |
$57,773,000 |
|
3. |
Border Contracts |
$1,000,000 |
$800,000 |
$0 |
|
4. |
Exceptional Contracts/Tuition Equivalents |
$3,500,000 |
$4,000,000 |
$0 |
|
5. |
Floor |
$1,300,000 |
$1,300,000 |
$1,300,000 |
|
6. |
Program Adjustments |
$300,000 |
$300,000 |
$0 |
|
7. |
Salary-based Apportionment |
$660,086,500 |
$666,616,200 |
$89,159,000 |
|
8. |
Teacher Incentive Award |
$560,000 |
$654,000 |
$0 |
|
9. |
State Paid Employee Benefits |
$116,084,600 |
$117,238,500 |
$15,531,500 |
|
10. |
Early Retirement Program |
$5,500,000 |
$4,500,000 |
$0 |
|
11. |
Bond Levy Equalization |
$0 |
$825,000 |
$0 |
|
12. |
Idaho Safe & Drug-Free Schools |
$4,700,000 |
$4,700,000 |
$0 |
|
13. |
Sub-total — Statutory Requirements |
$919,621,300 |
$931,729,400 |
$236,786,200 |
|
B. |
Other Program Distributions |
|||
|
1. |
Technology Grants |
$8,400,000 |
$7,300,000 |
$7,300,000 |
|
2. |
Idaho Reading Initiative |
$3,300,000 |
$3,300,000 |
$0 |
|
3. |
Limited English Proficiency (LEP) |
$4,475,000 |
$4,475,000 |
$0 |
|
4. |
Least Restrictive Environment (teacher |
$1,000,000 |
$1,000,000 |
$0 |
|
5. |
Gifted & Talented |
$500,000 |
$500,000 |
$0 |
|
6. |
Achievement Standards Implementation |
$4,000,000 |
$4,000,000 |
$134,700 |
|
7. |
Beginning Teacher Support Program |
$2,000,000 |
$0 |
$0 |
|
8. |
Idaho Digital Learning Academy |
$0 |
$0 |
$0 |
|
9. |
Classroom Supplies |
$2,000,000 |
$0 |
$0 |
|
10. |
School Facilities Funding (Lottery) |
$0 |
$8,425,000 |
$0 |
|
11. |
Federal Funds for Local School Districts |
$0 |
$150,980,000 |
$5,079,000 |
|
12. |
Sub-total — Other Program Distributions |
$25,675,000 |
$179,980,000 |
$12,513,700 |
|
TOTAL CATEGORICAL EXPENDITURES |
$945,296,300 |
$1,111,709,400 |
$249,299,900 |
|
|
III. |
EDUCATION STABILIZATION FUNDS |
$0 |
$12,025,000 |
$12,025,000 |
|
IV. |
STATE DISCRETIONARY FUNDS |
$40,216,700 |
$28,896,400 |
$28,896,400 |
|
V. |
ESTIMATED SUPPORT UNITS |
12,545 |
12,670 |
12,670 |
|
VI. |
STATE DISCRETIONARY PER SUPPORT |
$3,206 |
$2,281 |
$2,281 |
|
VII. |
LOCAL DISCRETIONARY PER SUPPOR |
$21,241 |
$22,166 |
$22,166 |
|
VIII. |
TOTAL DISCRETIONARY PER SUPPORT |
$24,447 |
$24,447 |
$24,447 |
* Overall percent change would be
1.3% without the transfer of federal pass-through funds to this budget, and 0.4%
without the addition of Lottery funds.
Contact:
Jason Hancock
Legislative
Services Office
Budget
and Policy Analysis
Telephone:
334-3531