2004 Legislation
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SENATE BILL NO. 1330 – Charter school/funds withheld/when


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Bill Status

S1330..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to authorize the State Department of
Education to withhold funds of a charter school not in compliance with
state law.
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1330
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-5208, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        33-5208.  CHARTER  SCHOOL  FINANCIAL  SUPPORT.  From the state educational
  9    support program the state department of education  shall  make  the  following
 10    apportionment  to each charter school for each fiscal year based on attendance
 11    figures submitted in a manner and time as required by the department of educa-
 12    tion:
 13        (1)  Per student support. Computation of support units  for  each  charter
 14    school  shall  be  calculated as if it were a separate school according to the
 15    schedules in section 33-1002 6., Idaho Code, except that charter schools  with
 16    fewer  than one hundred (100) secondary ADA shall use a divisor of twelve (12)
 17    and the minimum units shall not apply. Funding from the state educational sup-
 18    port program shall be equal to the total distribution factor, plus the salary-
 19    based apportionment provided in chapter 10, title 33, Idaho Code.
 20        (2)  Special education. For each student enrolled in  the  charter  school
 21    who  is  entitled  to  special education services, the state and federal funds
 22    from the exceptional child education program for that student that would  have
 23    been  apportioned for that student to the school district in which the charter
 24    school is located.
 25        (3)  Alternative school support. Charter schools  may  qualify  under  the
 26    provisions  of sections 33-1002 and 33-1002C, Idaho Code, provided the charter
 27    school meets the necessary statutory requirements, and  students  qualify  for
 28    attendance  at an alternative school as provided by rule of the state board of
 29    education.
 30        (4)  Transportation support. Support shall be paid to the  charter  school
 31    as  provided  in  chapter 15, title 33, Idaho Code, and section 33-1006, Idaho
 32    Code. Each charter school shall furnish  the  department  with  an  enrollment
 33    count  as  of  the first Friday in November, of charter school students living
 34    more than one and one-half (1 1/2) miles from the school.
 35        (5)  Payment schedule. The state department of education is authorized  to
 36    make  an  advance  payment  of twenty-five percent (25%) of a charter school's
 37    estimated annual apportionment for its first year of operation, and each  year
 38    thereafter,  provided the charter school has an increase of student population
 39    in any given year of twenty (20) students or more, to assist the  school  with
 40    initial start-up costs or payroll obligations.
 41        (a)  For a state charter school to receive the advance payment, the school
 42        shall  submit  its anticipated fall membership for each grade level to the
 43        state department of education by June 1.
  1        (b)  Using the figures provided by the school,  the  state  department  of
  2        education shall determine an estimated annual apportionment from which the
  3        amount  of  the advance payment shall be calculated. Advance payment shall
  4        be made to the school on or after July 1 but no later than July 31.
  5        (c)  All subsequent payments, taking into  account  the  one-time  advance
  6        payment    made  for  the  first  year  of operation, shall be made to the
  7        charter school in the same manner as other public  schools  in  accordance
  8        with the provisions of section 33-1009, Idaho Code.
  9    A  charter school shall comply with all applicable fiscal requirements of law,
 10    except that the following  provisions  shall  not  be  applicable  to  charter
 11    schools: section 33-1003B, Idaho Code, relating to guaranteed minimum support;
 12    that  portion  of  section  33-1004,  Idaho Code, relating to reduction of the
 13    administrative and instructional staff allowance when there is  a  discrepancy
 14    between  the  number  allowed  and  the  number actually employed; and section
 15    33-1004E, Idaho Code, for calculation of district staff  indices.  If  at  any
 16    time,  the state department of education determines that the charter school is
 17    out of compliance with state law, all or any portion of the  apportionment  of
 18    state  funds  may  be withheld until the charter school is again in compliance
 19    with the law. An appeal of a determination to withhold funds may  be  made  to
 20    the state board of education.
 21        (6)  Nothing  in  this  chapter shall be construed to prohibit any private
 22    person or organization from providing funding or other financial assistance to
 23    the establishment or operation of a charter school.
 24        (7)  Nothing in this chapter shall prevent a charter school from  applying
 25    for federal grant moneys.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 14069

An act relating to charter schools; amending Section 33-5208,
Idaho Code, to authorize the State Department of Education to
withhold funds of a charter school not in compliance with state

                          FISCAL IMPACT

Name: Senator Gary Schroeder 
Phone: 332-1324

STATEMENT OF PURPOSE/FISCAL NOTE                     S 1330