Print Friendly SENATE BILL NO. 1330 – Charter school/funds withheld/when
SENATE BILL NO. 1330
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CHARTER SCHOOLS - Amends existing law to authorize the State Department of
Education to withhold funds of a charter school not in compliance with
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
]]]] 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
2 RELATING TO CHARTER SCHOOLS; AMENDING SECTION 33-5208, IDAHO CODE, TO AUTHO-
3 RIZE THE STATE DEPARTMENT OF EDUCATION TO WITHHOLD FUNDS OF A CHARTER
4 SCHOOL NOT IN COMPLIANCE WITH STATE LAW.
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-
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
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
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
Name: Senator Gary Schroeder
STATEMENT OF PURPOSE/FISCAL NOTE S 1330