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S1443............................................................by FINANCE
CHARTER SCHOOLS - Adds to and amends existing law relating to the public
charter schools to provide transportation reimbursement for public virtual
schools; to define terms; to clarify computation of support units for
charter schools formed by conversion of an existing traditional public
school; to provide funding for public virtual schools; and to provide
proper terminology.
03/11 Senate intro - 1st rdg - to printing
03/12 Rpt prt - to Fin
Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 31-4-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, McKenzie, Noble,
Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet,
Werk, Williams
NAYS -- Burkett, Marley, McWilliams, Noh
Absent and excused -- None
Floor Sponsor - Cameron
Title apvd - to House
03/17 House intro - 1st rdg - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
Rls susp - PASSED - 67-3-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Moyle Nielsen, Pasley-Stuart,
Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Mitchell, Naccarato, Ridinger
Absent and excused -- None
Floor Sponsor - Gagner
Title apvd - to Senate
03/19 To enrol - Rpt enrol - Pres signed
03/20 Sp signed
03/22 To Governor
04/01 Governor signed
Session Law Chapter 370
Effective: 04/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1443
BY FINANCE COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-1006, IDAHO CODE, TO
3 PROVIDE PROPER TERMINOLOGY AND TO PROVIDE TRANSPORTATION REIMBURSEMENT FOR
4 PUBLIC VIRTUAL SCHOOLS; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY THE
5 ADDITION OF A NEW SECTION 33-5202A, IDAHO CODE, TO DEFINE TERMS; AMENDING
6 SECTION 33-5208, IDAHO CODE, TO CLARIFY COMPUTATION OF SUPPORT UNITS FOR
7 CHARTER SCHOOLS FORMED BY CONVERSION OF AN EXISTING TRADITIONAL PUBLIC
8 SCHOOL, TO PROVIDE FUNDING FOR PUBLIC VIRTUAL SCHOOLS AND TO PROVIDE
9 PROPER TERMINOLOGY; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 33-1006, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-1006. TRANSPORTATION SUPPORT PROGRAM. (1) The state board of education
14 shall determine what costs of transporting pupils, including maintenance,
15 operation and depreciation of basic vehicles, insurance, payments under con-
16 tract with other public transportation providers whose vehicles used to trans-
17 port pupils comply with federal transit administration regulations, "bus test-
18 ing," 49 C.F.R. part 665, and any revision thereto, as provided in subsection
19 (4)(d) of this section, or other state department of education approved pri-
20 vate transportation providers, salaries of drivers, and any other costs, shall
21 be allowable in computing the transportation support program of school dis-
22 tricts.
23 (2) Any costs associated with the addition of vehicle features that are
24 not part of the basic vehicle shall not be allowable in computing the trans-
25 portation support program of school districts. A basic vehicle is hereby
26 defined as the cost of the vehicle without optional features, plus the addi-
27 tion of essential safety features and features necessary for the transporta-
28 tion of pupils with disabilities.
29 (3) Each school district shall maintain records and make reports as are
30 required for the purposes of this section.
31 (4) The transportation support program of a school district shall be
32 based upon the allowable costs of:
33 (a) Transporting public school pupils one and one-half (1 1/2) miles or
34 more to school;
35 (b) Transporting pupils less than one and one-half (1 1/2) miles as pro-
36 vided in section 33-1501, Idaho Code, when approved by the state board of
37 education;
38 (c) The costs of payments when transportation is not furnished, as pro-
39 vided in section 33-1503, Idaho Code;
40 (d) The transportation program for grades six (6) through twelve (12),
41 upon the costs of payments pursuant to a contract with other public or
42 private transportation providers entered into as provided in section
43 33-1510, Idaho Code, if the school district establishes that the reim-
2
1 bursable costs of transportation under the contract are equal to or less
2 than the costs for school buses;
3 (e) The costs of providing transportation to and from approved school
4 activities as may be approved by rules of the state board of education;
5 (f) The employer's share of contributions to the public employee retire-
6 ment system and to social security.
7 (5) The state's share of the transportation support program shall be
8 eighty-five percent (85%) of allowable reimbursable transportation costs of
9 the district incurred during the immediately preceding state fiscal year, pro-
10 vided the allowable reimbursable costs do not exceed one hundred three percent
11 (103%) of the statewide average reimbursable cost per mile or the state aver-
12 age reimbursable cost per student rider, whichever is more advantageous to the
13 school district. If a school district's costs exceed the one hundred three
14 percent (103%) limit when computed by the more advantageous of the two (2)
15 methods, that school district shall be reimbursed at eighty-five percent (85%)
16 of the maximum limit for whichever method is more favorable to the school dis-
17 trict. A school district may appeal the application of the one hundred three
18 percent (103%) limit on allowable reimbursable costs to the state board of
19 education, which may establish for that district a new percentile limit for
20 allowable reimbursable costs compared to the statewide average, which is
21 higher than one hundred three percent (103%). In doing so, the state board of
22 education may set a new limit that is greater than one hundred three percent
23 (103%), but is less than the percentile limit requested by the school dis-
24 trict. Any costs above the new level established by the state board of educa-
25 tion shall not be reimbursed. Such a change shall only be granted by the state
26 board of education if the application can be justified based on uniquely dif-
27 ficult geographic circumstances, or extraordinary one (1) time circumstances
28 outside the district's foresight and control. An application granted based on
29 extraordinary one (1) time circumstances shall be effective for one (1) year
30 only. An application based on uniquely difficult geographic circumstances
31 shall be reviewed by the state board of education for continued validity at
32 least every five (5) years.
33 (6) School districts that are unable to absorb the impact of the limita-
34 tion on reimbursable expenses, through either efficiencies or the utilization
35 of fund balances, may apply to the state board of education to receive a loan
36 of moneys, not to exceed the amount of state funds lost through the applica-
37 tion of the limitation on reimbursable expenses, from the public education
38 stabilization fund. Any school district receiving such a loan shall cause its
39 reimbursement of state transportation moneys to be reduced by a like amount in
40 the subsequent fiscal year, and the moneys so reduced shall be deposited in
41 the public education stabilization fund.
42 (7) Beginning on July 1, 2005, any eligible home-based public virtual
43 school may claim transportation reimbursement for the prior fiscal year's cost
44 of providing educational services to students. In order to be eligible, such a
45 school shall have at least one (1) average daily attendance divisor, pursuant
46 to section 33-1002, Idaho Code, that is greater than the median divisor shown
47 for any category of pupils, among the actual divisors listed. For the purposes
48 of paragraphs (a), (b) and (c) of this subsection (7), "education provider"
49 means the home-based public virtual school or an entity that has legally con-
50 tracted with the home-based public virtual school to supply education ser-
51 vices. Reimbursable costs shall be limited to the costs of:
52 (a) Providing an internet connection service between the student and the
53 education provider, not including the cost of telephone service;
54 (b) Providing electronic and computer equipment used by the student to
55 transmit educational material between the student and the education pro-
3
1 vider;
2 (c) Providing a toll-free telephone service for students to communicate
3 with the education provider;
4 (d) Providing education-related, face-to-face visits by representatives
5 of the home-based public virtual school, with such reimbursements limited
6 to the mileage costs set for state employee travel by the state board of
7 examiners; and
8 (e) Any actual pupil transportation costs that would be reimbursable if
9 claimed by a school district.
10 The total reimbursement for such home-based public virtual schools shall be
11 exempt from the statewide average cost per mile limitations of this section.
12 The state's share of reimbursable costs shall be eighty-five percent (85%),
13 subject to the statewide cost per student rider provisions of this section.
14 For the purposes of such home-based public virtual school, the number of stu-
15 dent riders shall be the same as the number of pupils in average daily atten-
16 dance.
17 SECTION 2. That Chapter 52, Title 33, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
19 ignated as Section 33-5202A, Idaho Code, and to read as follows:
20 33-5202A. DEFINITIONS. As used in this chapter, unless the context
21 requires otherwise:
22 (1) "Public charter school" means a school that is authorized under this
23 chapter to deliver public education in Idaho.
24 (2) "Public virtual school" means a public charter school that may serve
25 students in more than one (1) school district and that provides instruction to
26 pupils primarily through virtual distance learning or online technologies. A
27 building-based public virtual school primarily provides such instruction at
28 one (1) or more central building locations. A home-based public virtual school
29 primarily provides such instruction directly to the pupil at home.
30 (3) "Traditional public school" means any school existing or to be built
31 that is operated and controlled by a school district in this state.
32 SECTION 3. That Section 33-5208, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-5208. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. Except as provided in
35 subsection (8) of this section, fFrom the state educational support program
36 the state department of education shall make the following apportionment to
37 each public charter school for each fiscal year based on attendance figures
38 submitted in a manner and time as required by the department of education:
39 (1) Per student support. Computation of support units for each public
40 charter school shall be calculated as if it were a separate school according
41 to the schedules in section 33-1002 6., Idaho Code, except that public charter
42 schools with fewer than one hundred (100) secondary ADA shall use a divisor of
43 twelve (12) and the minimum units shall not apply. Funding from the state edu-
44 cational support program shall be equal to the total distribution factor, plus
45 the salary-based apportionment provided in chapter 10, title 33, Idaho Code.
46 Provided however, any public charter school that is formed by the conversion
47 of an existing traditional public school shall be assigned divisors, pursuant
48 to section 33-1002, Idaho Code, that are no lower than the divisors of the
49 school district in which the traditional public school is located, for each
50 category of pupils listed.
51 (2) Special education. For each student enrolled in the public charter
4
1 school who is entitled to special education services, the state and federal
2 funds from the exceptional child education program for that student that would
3 have been apportioned for that student to the school district in which the
4 public charter school is located.
5 (3) Alternative school support. Public cCharter schools may qualify under
6 the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the pub-
7 lic charter school meets the necessary statutory requirements, and students
8 qualify for attendance at an alternative school as provided by rule of the
9 state board of education.
10 (4) Transportation support. Support shall be paid to the public charter
11 school as provided in chapter 15, title 33, Idaho Code, and section 33-1006,
12 Idaho Code. Each public charter school shall furnish the department with an
13 enrollment count as of the first Friday in November, of public charter school
14 students living more than one and one-half (1 1/2) miles from the school.
15 (5) Payment schedule. The state department of education is authorized to
16 make an advance payment of twenty-five percent (25%) of a public charter
17 school's estimated annual apportionment for its first year of operation, and
18 each year thereafter, provided the public charter school has an increase of
19 student population in any given year of twenty (20) students or more, to
20 assist the school with initial start-up costs or payroll obligations.
21 (a) For a state public charter school to receive the advance payment, the
22 school shall submit its anticipated fall membership for each grade level
23 to the state department of education by June 1.
24 (b) Using the figures provided by the public charter school, the state
25 department of education shall determine an estimated annual apportionment
26 from which the amount of the advance payment shall be calculated. Advance
27 payment shall be made to the school on or after July 1 but no later than
28 July 31.
29 (c) All subsequent payments, taking into account the one-time advance
30 payment made for the first year of operation, shall be made to the public
31 charter school in the same manner as other traditional public schools in
32 accordance with the provisions of section 33-1009, Idaho Code.
33 A public charter school shall comply with all applicable fiscal requirements
34 of law, except that the following provisions shall not be applicable to public
35 charter schools: section 33-1003B, Idaho Code, relating to guaranteed minimum
36 support; that portion of section 33-1004, Idaho Code, relating to reduction of
37 the administrative and instructional staff allowance when there is a discrep-
38 ancy between the number allowed and the number actually employed; and section
39 33-1004E, Idaho Code, for calculation of district staff indices.
40 (6) Nothing in this chapter shall be construed to prohibit any private
41 person or organization from providing funding or other financial assistance to
42 the establishment or operation of a public charter school.
43 (7) Nothing in this chapter shall prevent a public charter school from
44 applying for federal grant moneys.
45 (8) (a) For the period July 1, 2003, through June 30, 2005, all public
46 virtual schools shall be assigned divisors, pursuant to section 33-1002,
47 Idaho Code, that are no higher than the median divisor shown for each
48 respective category of pupils, among the possible divisors listed, for
49 each respective category of pupils that contains more than one (1) divi-
50 sor. If there is an even number of possible divisors listed for a particu-
51 lar category of pupils, then the lesser of the two (2) median divisors
52 shall be used. For the period July 1, 2005, through June 30, 2007, all
53 public virtual schools shall be assigned divisors, pursuant to section
54 33-1002, Idaho Code, that are no higher than the second highest divisor
55 shown, among the possible divisors listed, for each respective category of
5
1 pupils that contains more than one (1) divisor. The divisor provisions
2 contained herein shall only be applicable to the number of pupils in
3 average daily attendance in such public virtual schools for the period
4 July 1, 2003, through June 30, 2004. If the number of pupils in average
5 daily attendance in any particular category of pupils increases, during
6 the period July 1, 2004, through June 30, 2005, to a number above that
7 which existed in the prior fiscal year, then those additional pupils in
8 average daily attendance shall be assigned the divisor, pursuant to sec-
9 tion 33-1002, Idaho Code, that would have otherwise been assigned to the
10 school district or public charter school had this section not been in
11 force.
12 (b) Each student in attendance at a public virtual school shall be funded
13 based upon either the actual hours of attendance in the public virtual
14 school on a flexible schedule, or the percentage of coursework completed,
15 whichever is more advantageous to the school, up to the maximum of one (1)
16 full-time equivalent student.
17 (c) At the discretion of the board of directors, and subject to any spe-
18 cific limitations in its charter, all federal educational funds shall be
19 administered and distributed to public virtual schools that enroll stu-
20 dents from multiple school districts in the same manner as an independent
21 local education agency (LEA).
22 (9) Nothing in this section prohibits separate face-to-face learning
23 activities or services.
24 SECTION 4. An emergency existing therefor, which emergency is hereby
25 declared to exist, this act shall be in full force and effect on and after its
26 passage and approval.
| Statement of Purpose |
| RS14262 |
At the same time, beginning in FY 2006, public virtual schools will become eligible to receive the state's 85% match on pupil Transportation funds. Currently, the state covers 85% of the cost of transporting children to their education, but provides nothing to public virtual schools for their cost of transporting education to children. It is a simple matter of equity that the state should provide the same 85% match for the cost of bringing children and their education together, regardless of which model is primarily used.
Public virtual schools would then receive their actual divisors beginning in FY 2008, by
which time Transportation funds, in conjunction with higher instructional indexes, should make
up for the loss of preferential divisors.
| Fiscal Note |
The estimate of additional funds provided by this legislation in future fiscal years is
as follows:
FY 2006: $1.45 million
FY 2007: $1.45 million
FY 2008 & after: $1.04 million
It is estimated that the gradual reduction in support that would take place under this legislation will be made up by the additional dollars that will be provided through natural growth in the instructional index portion of the funding formula.
.
Contact: Kent Kunz Office of the Governor Telephone: 334-2100
| Statement of Purpose/Fiscal Note | Bill No. SB 1443 |