2003 Legislation
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SENATE BILL NO. 1197 – Approp, Public School/Administratrs

SENATE BILL NO. 1197

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Daily Data Tracking History



S1197............................................................by FINANCE
APPROPRIATIONS - PUBLIC SCHOOLS - ADMINISTRATORS DIVISION - Appropriates
$73,887,800 to the Public Schools, Division of Administrators, for fiscal
year 2004; amends existing law to place a cap on growth of the experience
and education multipliers for administrative staff; to delete the
provisions which require a school district to demonstrate employment of the
number of administrative staff allowed or, if the district does not employ
that number, to reduce the staff allowance; to delete the limit on
percentage of administrative staff which may be noncertificated staff; to
provide that administrative staff of public schools shall not be allowed to
participate in the early retirement incentive program; and providing moneys
for the final phase of the implementation of achievement standards.
                                                                        
04/29    Senate intro - 1st rdg - to printing
04/30    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
    2nd rdg - to 3rd rdg
05/02    3rd rdg - PASSED - 21-14-0
      AYES -- Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton,
      Davis, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge, McKenzie,
      Noble, Pearce(Banner), Richardson, Stegner, Sweet, Williams
      NAYS -- Andreason, Burkett, Calabretta, Darrington, Gannon, Kennedy,
      Malepeai, Marley, McWilliams, Noh, Schroeder, Sorensen, Stennett,
      Werk
      Absent and excused -- None
    Floor Sponsor - Keough
    Title apvd - to House
05/03    House intro - 1st rdg - to 2nd rdg
    Rls susp - PASSED - 39-29-2
      AYES -- Barraclough(Schanz), Barrett, Bauer, Bedke, Bell, Black,
      Block, Bolz, Bradford, Collins, Crow, Deal, Eberle, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Kellogg,
      Lake, Langford, McGeachin, McKague, Moyle, Nielsen, Raybould, Ring,
      Roberts, Rydalch, Sali, Schaefer, Skippen, Smith(24), Stevenson,
      Tilman, Wood, Mr. Speaker
      NAYS -- Andersen(Guyon), Bieter, Boe, Campbell, Cannon, Cuddy,
      Douglas, Edmunson, Henbest, Jaquet, Jones, Kulczyk, Langhorst,
      Martinez(Echohawk), Meyer, Miller, Mitchell, Naccarato, Ridinger,
      Ringo, Robison, Sayler, Shepherd, Shirley, Smith(30), Smylie,
      Snodgrass, Trail, Wills
      Absent and excused -- Clark, Denney
    Floor Sponsor - Bedke
    Title apvd - to Senate
05/05    To enrol - Rpt enrol - Pres signed - Sp signed
    To Governor
05/09    Governor signed
         Session Law Chapter 375
         Effective: 07/01/03 Secs 1, 2, 3, 4, 5 and 7;
         09/01/03 Section 6

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1197
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SCHOOLS DIVISION OF ADMINISTRATORS; PROVIDING FOR  EXPENDI-
  3        TURES  FOR  THE  PUBLIC  SCHOOLS DIVISION OF ADMINISTRATORS; APPROPRIATING
  4        GENERAL FUND MONEYS FOR TRANSFER TO THE PUBLIC SCHOOL INCOME FUND;  APPRO-
  5        PRIATING  FUNDS TO THE EDUCATIONAL SUPPORT PROGRAM/DIVISION OF ADMINISTRA-
  6        TORS FOR FISCAL YEAR 2004; AMENDING SECTION 33-1004A, IDAHO CODE, TO PLACE
  7        CAPS ON THE GROWTH OF THE EXPERIENCE AND EDUCATION MULTIPLIER FOR ADMINIS-
  8        TRATIVE STAFF; AMENDING SECTION 33-1004, IDAHO CODE, TO DELETE THE  PROVI-
  9        SIONS  WHICH REQUIRE A DISTRICT TO DEMONSTRATE EMPLOYMENT OF THE NUMBER OF
 10        ADMINISTRATIVE STAFF ALLOWED OR, IF THE DISTRICT DOES NOT EMPLOY THAT NUM-
 11        BER, TO REDUCE STAFF ALLOWANCE ACCORDINGLY AND TO DELETE THE LIMIT ON PER-
 12        CENTAGE OF ADMINISTRATIVE STAFF WHICH MAY BE NONCERTIFICATED STAFF; AMEND-
 13        ING SECTION 33-1004G, IDAHO CODE, TO  PROVIDE  THAT  ADMINISTRATIVE  STAFF
 14        SHALL  BE  EXCLUDED  FROM  PARTICIPATING IN THE EARLY RETIREMENT INCENTIVE
 15        PROGRAM; PROVIDING MONEYS FOR THE FINAL PHASE  OF  THE  IMPLEMENTATION  OF
 16        ACHIEVEMENT  STANDARDS;  DECLARING  AN  EMERGENCY  AND PROVIDING EFFECTIVE
 17        DATES.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 1.  The following amounts shall be expended for the public schools
 20    Division of Administrators for the period July 1, 2003, through June 30, 2004:
 21    FROM:
 22    General Fund                                                       $72,347,800
 23    Federal Grant Fund                                                   1,540,000
 24      TOTAL                                                            $73,887,800
                                                                        
 25        SECTION 2.  There is hereby appropriated the following amount to be trans-
 26    ferred to the Public School Income Fund for the period July 1,  2003,  through
 27    June 30, 2004:
 28    FROM:
 29    General Fund                                                       $72,347,800
                                                                        
 30        SECTION  3.  There  is  hereby  appropriated  to  the  Educational Support
 31    Program/Division of Administrators, pursuant to law and the provisions of this
 32    act, the following amounts to be expended from the listed funds for the period
 33    July 1, 2003, through June 30, 2004:
 34    FROM:
 35    Public School Income Fund                                          $72,347,800
 36    Federal Grant Fund                                                   1,540,000
 37      TOTAL                                                            $73,887,800
                                                                        
 38        SECTION 4.  That Section 33-1004A, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:
                                                                        
 40        33-1004A.  EXPERIENCE  AND  EDUCATION  MULTIPLIER.  Each instructional and
                                                                        
                                       2
                                                                        
  1    administrative staff position shall  be  assigned  an  appropriate  multiplier
  2    based upon the following table:
  3                               EXPERIENCE AND EDUCATION
                                                                        
  4                                        MA      MA + 12   MA + 24  MA + 36
  5    Years    BA     BA + 12  BA + 24  BA + 36   BA + 48   BA + 60   ES/DR
  6      0    1.00000  1.03750  1.07640  1.11680   1.15870   1.20220  1.24730
  7      1    1.03750  1.07640  1.11680  1.15870   1.20220   1.24730  1.29410
  8      2    1.07640  1.11680  1.15870  1.20220   1.24730   1.29410  1.34260
  9      3    1.11680  1.15870  1.20220  1.24730   1.29410   1.34260  1.39290
 10      4    1.15870  1.20220  1.24730  1.29410   1.34260   1.39290  1.44510
 11      5    1.20220  1.24730  1.29410  1.34260   1.39290   1.44510  1.49930
 12      6    1.24730  1.29410  1.34260  1.39290   1.44510   1.49930  1.55550
 13      7    1.29410  1.34260  1.39290  1.44510   1.49930   1.55550  1.61380
 14      8    1.34260  1.39290  1.44510  1.49930   1.55550   1.61380  1.67430
 15      9    1.39290  1.44510  1.49930  1.55550   1.61380   1.67430  1.73710
 16     10    1.39290  1.49930  1.55550  1.61380   1.67430   1.73710  1.80220
 17     11    1.39290  1.49930  1.55550  1.61380   1.73710   1.80220  1.86980
 18     12    1.39290  1.49930  1.55550  1.61380   1.73710   1.86980  1.93990
 19    13 or
 20    more   1.39290  1.49930  1.55550  1.61380   1.73710   1.86980  2.01260
                                                                        
 21        In  determining  the  experience  factor,  the actual years of teaching or
 22    administrative service in an accredited public school or in an accredited pri-
 23    vate or parochial school shall be credited.
 24        In determining the education factor, only  credits  earned  after  initial
 25    certification,  based upon a transcript on file with the teacher certification
 26    office of the state department of  education,  earned  at  an  institution  of
 27    higher  education  accredited  by  the  state board of education or a regional
 28    accrediting association, shall be allowed. Instructional staff  whose  initial
 29    certificate  is  an occupational specialist certificate shall be treated as BA
 30    degree prepared instructional staff. Credits earned by such occupational  spe-
 31    cialist  instructional  staff  after  initial  certification shall be credited
 32    toward the education factor.
 33        In determining the statewide average multiplier for administrative  staff,
 34    no  multiplier  in  excess  of  1.86643 shall be used. If the actual statewide
 35    average multiplier for administrative staff, as determined  by  this  section,
 36    exceeds  1.86643,  then each school district's administrative staff multiplier
 37    shall be multiplied by the result of 1.86643 divided by the  actual  statewide
 38    average multiplier for administrative staff.
                                                                        
 39        SECTION  5.  That  Section 33-1004, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        33-1004.  STAFF ALLOWANCE. For each school  district,  a  staff  allowance
 42    shall be determined as follows:
 43        1.  Using  the  daily attendance reports that have been submitted for com-
 44    puting the February 15th apportionment of state funds as provided  in  section
 45    33-1009, Idaho Code, determine the total support units for the district in the
 46    manner provided in section 33-1002 8.b., Idaho Code;
 47        2.  Determine the instructional staff allowance by multiplying the support
 48    units  by 1.1. A district must demonstrate that it actually employs the number
 49    of certificated instructional staff allowed. If the district does  not  employ
 50    the  number allowed, the staff allowance shall be reduced to the actual number
 51    employed;
                                                                        
                                       3
                                                                        
  1        3.  Determine the administrative staff allowance by multiplying  the  sup-
  2    port  units  by .075. A district must demonstrate that it actually employs the
  3    number of certificated administrative staff allowed. If the district does  not
  4    employ  the number allowed, the staff allowance shall be reduced to the actual
  5    number employed, except that not more than twenty percent (20%) of the  admin-
  6    istrative staff allowance may be noncertificated staff;
  7        4.  Determine  the  classified  staff allowance by multiplying the support
  8    units by .375;
  9        5.  Additional conditions governing staff allowance:
 10        a.  In determining the number of staff in subsections 2.,  3.  and  4.  of
 11        this  section,  a district may contract separately for services to be ren-
 12        dered by nondistrict employees and such employees may be  counted  in  the
 13        staff  allowance.  A  "nondistrict  employee"  means a person for whom the
 14        school district does not pay the employer's obligations for employee bene-
 15        fits. When  a  district  contracts  for  the  services  of  a  nondistrict
 16        employee,  only  the salary portion of the contract shall be allowable for
 17        computations.
 18        b.  If there are circumstances preventing eligible use of staff  allowance
 19        to  which  a  district is entitled as provided in subsections 2. and 3. of
 20        this section, an appeal may be filed with the state department  of  educa-
 21        tion  outlining  the  reasons and proposed alternative use of these funds,
 22        and a waiver may be granted.
 23        c.  For any district with less than forty (40) support units:
 24             (1)  The instructional staff allowance shall be  calculated  applying
 25             the actual number of support units. If the actual instructional staff
 26             employed  in  the school year is greater than the instructional staff
 27             allowance, then the instructional staff allowance shall be  increased
 28             by one-half (1/2) staff allowance; and
 29             (2)  The  administrative staff allowance shall be calculated applying
 30             the actual number of support  units.  If  the  actual  administrative
 31             staff  employed in the school year is greater than the administrative
 32             staff allowance, then the administrative  staff  allowance  shall  be
 33             increased by one-half (1/2) staff allowance.
 34             (3)  Additionally,  for  any district with less than twenty (20) sup-
 35             port units, the instructional staff  allowance  shall  be  calculated
 36             applying  the  actual  number  of  support  units.  If  the number of
 37             instructional staff employed in the school year is greater  than  the
 38             instructional staff allowance, the staff allowance shall be increased
 39             as  provided  in paragraphs (1) and (2) of this subsection, and by an
 40             additional one-half (1/2) instructional staff allowance.
 41        d.  Only instructional, administrative and  classified  personnel  compen-
 42        sated  by  the  school district from the general maintenance and operation
 43        fund of the district shall be included in the calculation of staff  allow-
 44        ance  or  in any other calculations based upon staff, including determina-
 45        tion of the experience and education multiplier,  the  reporting  require-
 46        ments,  or  the district's salary-based apportionment calculation. No food
 47        service staff or transportation staff  shall  be  included  in  the  staff
 48        allowance.
 49        6.  In  the event that the staff allowance in any category is insufficient
 50    to meet accreditation standards, a district may appeal to the state  board  of
 51    education,  demonstrating  the  insufficiency, and the state board may grant a
 52    waiver authorizing sufficient additional staff to be included within the staff
 53    allowance to meet accreditation standards. Such a waiver shall be  limited  to
 54    one (1) year, but may be renewed upon showing of continuing justification.
                                                                        
                                       4
                                                                        
  1        SECTION  6.  That Section 33-1004G, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        33-1004G.  EARLY RETIREMENT INCENTIVE --  ADMINISTRATIVE  STAFF  EXCLUDED.
  4    (1)  Except  as provided in subsection (8) of this section, eEach certificated
  5    employee of an Idaho public school district as defined in section 33-1001 16.,
  6    Idaho Code, is eligible for an early retirement incentive, provided they  meet
  7    the following criteria:
  8        (a)  The  employee has completed a minimum of ten (10) years of continuous
  9        full-time certified employment, which may include time spent on a sabbati-
 10        cal leave, in Idaho public school districts at the time of application.
 11        (b)  The employee is not eligible for unreduced service, early or disabil-
 12        ity retirement from the public employee retirement system of Idaho at  the
 13        time of application.
 14        (c)  The  employee  is fifty-five (55) years old before September 1 of the
 15        year the application is made; provided that persons turning fifty-six (56)
 16        years old or greater between August 15 and 31, 2000, will be  eligible  to
 17        receive  the  retirement incentive option percentage provided in this sec-
 18        tion that reflects their age on August 15, 2000.
 19        (d)  The employee submits his/her application to the state  superintendent
 20        of public instruction on or before April 1 of the  year of application.
 21        (e)  The  employee  is contracted with an Idaho public school district for
 22        the entire school year  during the year of application and  has  not  been
 23        terminated  or  on  a  leave of absence for the current or upcoming school
 24        year.
 25        (2)  (a) Full-time qualifying applicants shall receive as a one  (1)  time
 26        incentive  the following amount of the  employee's qualifying salary allo-
 27        cation as provided in section 33-1004E, Idaho Code:
 28        at 55 years of age            55% of allocation
 29        at 56 years of age            50% of allocation
 30        at 57 years of age            45% of allocation
 31        at 58 years of age            40% of allocation
 32        at 59 years of age            30% of allocation
 33        at 60 years of age            30% of allocation
 34        at 61 years of age            20% of allocation
 35        at 62 years of age            20% of allocation
 36        at 63 years of age and over    0% of allocation
 37        (b)  Certified employees working less than full-time  in  the  application
 38        year will have the incentive payment prorated according to their full-time
 39        equivalent (FTE) percentage.
 40        (c)  Incentive  payments for certified employees not placed on the experi-
 41        ence and education multiplier table as provided in section 33-1004A, Idaho
 42        Code, will be calculated using the BA column of the table.
 43        (3)  Incentives and the employer's share of FICA benefits shall be paid by
 44    the state department of education to the Idaho  public  school  district  with
 45    which  the  applicant  was last contracted on or before July 31 of the year of
 46    application and acceptance.
 47        (4)  Incentives shall be considered additional compensation  flowing  from
 48    the  employment relationship and subject to federal and state tax laws. Incen-
 49    tives shall not be considered salary  for  purposes  of  the  public  employee
 50    retirement system.
 51        (5)  Any  employee  receiving an early retirement incentive as provided in
 52    this section shall not be eligible for future employment with an Idaho  school
 53    district  where  such employment would again qualify him/her for participation
 54    in the state retirement system.
                                                                        
                                       5
                                                                        
  1        (6)  Any applicant choosing to withdraw their application must notify  the
  2    state superintendent of public instruction in writing no later than June 20 in
  3    the year of application.
  4        (7)  A  special application of the early retirement incentive shall super-
  5    sede the limitations of this section to the extent necessary  to  comply  with
  6    this subsection. An otherwise qualified certificated employee who becomes med-
  7    ically  unable  to work prior to July 1 of any year shall be eligible to apply
  8    for the early retirement incentive for which the employee would have been eli-
  9    gible retroactive to April 1.
 10        (8)  Administrative staff shall not be allowed to participate in the early
 11    retirement incentive program as provided in this section and  such  staff  are
 12    hereby excluded from participation in the program.
                                                                        
 13        SECTION  7.  Of the moneys appropriated in Section 3 of this act, $138,300
 14    in General Fund moneys and $415,000 in federal grant funds shall  be  for  the
 15    third  and  final  phase of the implementation of achievement standards estab-
 16    lished under the provisions of the rules of  the  State  Board  of  Education,
 17    IDAPA  08.02.03.  These  funds  shall be distributed according to formulas and
 18    criteria established by the Superintendent of Public Instruction. It is legis-
 19    lative intent that the State Department of Education and State Board of Educa-
 20    tion seek any waivers that may be necessary to utilize the $415,000 in federal
 21    grant funds.
                                                                        
 22        SECTION 8.  An emergency existing  therefor,  which  emergency  is  hereby
 23    declared  to  exist, Sections 1, 2, 3, 4, 5 and 7 of this act shall be in full
 24    force and effect on and after July 1, 2003. Section 6 of this act shall be  in
 25    full force and effect on and after September 1, 2003.

Statement of Purpose / Fiscal Impact




STATEMENT OF PURPOSE

STATEMENT OF PURPOSE

RS13338

This is the Fiscal Year 2004 appropriation for the Division of Administrators portion of the Public Schools budget. The pieces of the Public Schools budget that are part of this division’s appropriation include: 1.) The administrators’ portion of the salary-based apportionment formula; 2.) State paid employee benefits for administrators, which include PERSI and FICA; 3.) The administrators’ portion of the Early Retirement program; 4.) The administrators’ portion of Achievement Standards implementation; and 5.) The administrators’ portion of federal pass-through funding to local school districts.

Non-Standard Adjustments include an upwards adjustment of $700,000 for the administrators’ portion of the increase in the number of classroom units (or support units), and a downward adjustment of $180,000 for the expected decrease in participation in the Early Retirement program.

This budget includes two funded items in the enhancement area. The first provides $553,300 for the third and final phase of Achievement Standards implementation. One-quarter of the money is from General Funds, while three-quarters comes from federal funds.

The second enhancement reflects an earlier action of the Legislature, in which the federal funds that are passed through to local school districts will be housed in the public schools budget, rather than the state department of education. These dollars represent the portion of these funds that are allocated to school district grant administration costs.

This budget also includes three amendments to Idaho Code. The first amendment is Section 4 of the bill. This is the amendment that caps the statewide average number for the experience and education index for administrators. Since the index for administrators has largely stabilized over the last several years, it is unlikely that there will be significant impacts as a result of this cap.

The second amendment is Section 5 of the bill. This is the language that eliminates the “use it or lose it” language for administrators. This will allow districts to keep any money that they are able to save in administrative staffing, rather than being forced to revert savings to the state.

The third amendment is Section 6 of the bill. This is the language that phases out the administrators’ participation in the Early Retirement program. This will allow the FY 2004 funding to go forward for those administrators who have already applied for early retirement, but eliminates all future administrator participation in the program.

FISCAL NOTE

Public Schools Budget Breakout

This is the FY 2004 appropriation
for the Division of Administrators portion of the Public Schools budget.

   FY
2003
 Approp.
 FY
2004
$943 Budget

Div. of 
Administrators

I.

STATE APPROPRIATION 

A.

Sources of Funds

1.

General Fund

$920,000,000

$943,000,800

$72,347,800

   percent
change:

1.1%

2.5%

 

2.

Dedicated Funds

$65,513,000

$55,650,000

$0

   percent
change:

1.1%

-15.1%

 

3.

Federal Funds

$0

$153,980,000

$1,540,000

   percent
change:

 

4.

TOTAL STATE APPROPRIATIONS

$985,513,000

$1,152,630,800

$73,887,800

 

percent change*:

1.1%

17.0%

 

II.

PROGRAM DISTRIBUTION

A.

Statutory Requirements 

1.

Property Tax Replacement 

$68,935,700

$73,022,700

$0

2.

Transportation 

$57,654,500

$58,463,000

$0

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

$0

6.

Program Adjustments 

$300,000

$300,000

$0

7.

Salary-based Apportionment

$660,086,500

$666,616,200

$60,806,900

8.

Teacher Incentive Award 

$560,000

$654,000

$0

9.

State Paid Employee Benefits

$116,084,600

$117,238,500

$10,592,600

10.

Early Retirement Program

$5,500,000

$4,500,000

$810,000

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

$72,209,500

B.

Other Program Distributions

1.

Technology Grants

$8,400,000

$8,400,000

$0

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 training

$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

$553,300

7.

Beginning Teacher Support Program

$2,000,000

$0

$0

8.

Idaho Digital Learning Academy

$0

$450,000

$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

$1,125,000

12.

Sub-total — Other Program Distributions

$25,675,000

$179,980,000

$1,678,300

 

TOTAL CATEGORICAL EXPENDITURES

$945,296,300

$1,111,709,400

$73,887,800

III.

EDUCATION STABILIZATION FUNDS

$0

$9,785,000

 

IV.

STATE DISCRETIONARY FUNDS

$40,216,700

$28,896,400

 

V.

ESTIMATED SUPPORT UNITS

12,545

12,670

 

VI.

STATE DISCRETIONARY PER SUPPORT

$3,206

$2,281

 

VII.

LOCAL DISCRETIONARY PER SUPPOR

$21,241

$22,166

 

VIII.

TOTAL DISCRETIONARY PER SUPPORT

$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