2004 Legislation
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SENATE BILL NO. 1364 – Charter school, financial support


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Bill Status

S1364..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide exceptions to certain
fiscal requirements of law in calculating financial support for charter
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. 1364
                                   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;  section
 16    33-1003  1.,  Idaho  Code, relating to a decrease in average daily attendance;
 17    and section 33-1004 5., Idaho Code, relating to additional staff allowance.
 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 14123
The proposed amendment is companion legislation to the proposal that charter schools
may be designated Local Education Agencies (LEA's) for funding purposes. Currently,
charter schools, as schools within a LEA, are exempt from the sections referred to in this
proposed legislation. If charter schools are allowed to be designated as LEA's, they
would not be exempt from these sections. This creates inequities between existing charter
schools and new charter schools designated as LEA's, and would have a resulting
negative financial impact on all of the school districts in the state. This legislation would
prevent the resultant negative financial impact on all school districts, and prevent
inequities from arising among charter schools.
This proposed legislation is not dependent upon passage of companion legislation. If the
companion legislation does not pass, this proposed amendment would serve as clarifying
legislation with no impact on current charter school operations.
                              FISCAL IMPACT
There is no fiscal impact on the state general fund.
Name:   Bob West, Idaho State Department of Education
Phone:  332-6812
Name:   Don Robertson, Idaho State Department of Education
Phone:  332-6812      
                                                          S 1364