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S1364..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to provide exceptions to certain
fiscal requirements of law in calculating financial support for charter
schools.
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. 1364
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT; AMENDING SECTION 33-5208,
3 IDAHO CODE, TO PROVIDE EXCEPTIONS TO CERTAIN FISCAL REQUIREMENTS OF LAW IN
4 CALCULATING FINANCIAL SUPPORT FOR CHARTER SCHOOLS.
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.
2
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
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.
Contact
Name: Bob West, Idaho State Department of Education
Phone: 332-6812
Name: Don Robertson, Idaho State Department of Education
Phone: 332-6812
S 1364