2005 Legislation
Print Friendly

SENATE BILL NO. 1221 – Approp, Public School/Administratrs

SENATE BILL NO. 1221

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1221............................................................by FINANCE
APPROPRIATIONS - PUBLIC SCHOOLS - ADMINISTRATORS DIVISION - Appropriates
$76,845,500 to the Public Schools, Division of Administrators, for fiscal
year 2006; provides intent regarding public school employee benefits; and
amends existing law to create certain exemptions from Section 33-1003,
Idaho Code; to limit the annual growth of support units allowed for public
charter schools; and to provide that new public charter schools must be
authorized by a specified date.
                                                                        
03/18    Senate intro - 1st rdg - to printing
03/21    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 27-7-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge,
      McGee, McKenzie, Pearce, Richardson, Stegner, Sweet, Williams
      NAYS -- Kelly, Langhorst, Malepeai, Marley, Schroeder, Stennett, Werk
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Lodge
    Title apvd - to House
03/24    House intro - 1st rdg - to 2nd rdg
    Rls susp - PASSED - 59-10-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson(Barker),
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Kemp, Lake, Loertscher, Mathews, McGeachin, McKague,
      Miller, Moyle, Nielsen, Nonini, Raybould, Ring, Ringo, Roberts,
      Rusche, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24)(Frost), Smylie, Snodgrass, Stevenson,
      Wills, Wood, Mr. Speaker
      NAYS -- Boe, Jaquet, Jones, LeFavour, Martinez, Mitchell,
      Pasley-Stuart, Pence, Sayler, Trail
      Absent and excused -- Ellsworth
    Floor Sponsor - Bedke
    Title apvd - to Senate
03/25    To enrol
03/29    Rpt enrol - Pres signed
03/30    Sp signed - To Governor
04/05    Governor signed
         Session Law Chapter 255
         Effective: 04/05/05 Section 5;
         12/31/05 Section 7;
         07/01/05 All other sections

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1221
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE APPROPRIATION FOR THE PUBLIC SCHOOLS DIVISION  OF  ADMINISTRA-
  3        TORS; PROVIDING FOR EXPENDITURES FOR THE PUBLIC SCHOOLS DIVISION OF ADMIN-
  4        ISTRATORS  FOR  FISCAL  YEAR  2006;  APPROPRIATING GENERAL FUND MONEYS FOR
  5        TRANSFER TO THE PUBLIC SCHOOL INCOME FUND; APPROPRIATING FUNDS TO THE EDU-
  6        CATIONAL SUPPORT PROGRAM/DIVISION OF ADMINISTRATORS FOR FISCAL YEAR  2006;
  7        EXPRESSING  LEGISLATIVE INTENT THAT CERTAIN STATE FUNDED BENEFITS BE PAID;
  8        AMENDING SECTION 33-1002C, IDAHO CODE, TO CREATE CERTAIN  EXEMPTIONS  FROM
  9        SECTION  33-1003,  IDAHO  CODE;  AMENDING  SECTION 33-5208, IDAHO CODE, TO
 10        LIMIT THE ANNUAL GROWTH  OF  SUPPORT  UNITS  ALLOWED  FOR  PUBLIC  CHARTER
 11        SCHOOLS;  AMENDING SECTION 33-5203, IDAHO CODE, TO PROVIDE THAT NEW PUBLIC
 12        CHARTER SCHOOLS MUST BE AUTHORIZED BY A SPECIFIED DATE; DECLARING AN EMER-
 13        GENCY FOR SECTION 5 OF THIS ACT; AND PROVIDING AN EFFECTIVE DATE FOR  SEC-
 14        TION 7 OF THIS ACT.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  The following amount shall be expended for the Public Schools
 17    Division of Administrators for the period July 1, 2005, through June 30, 2006:
 18    FROM:
 19    General Fund                                                       $75,195,300
 20    Federal Grant Fund                                                   1,650,200
 21      TOTAL                                                            $76,845,500
                                                                        
 22        SECTION 2.  There is hereby appropriated the following amount to be trans-
 23    ferred to the Public School Income Fund for the period July 1,  2005,  through
 24    June 30, 2006:
 25    FROM:
 26    General Fund                                                       $75,195,300
                                                                        
 27        SECTION  3.  There  is  hereby  appropriated  to  the  Educational Support
 28    Program/Division of Administrators, pursuant to law and the provisions of this
 29    act, the following amount to be expended from the listed funds for the  period
 30    July 1, 2005, through June 30, 2006:
 31    FROM:
 32    Public School Income Fund                                          $75,195,300
 33    Federal Grant Fund                                                   1,650,200
 34      TOTAL                                                            $76,845,500
                                                                        
 35        SECTION  4.  It is legislative intent that public school employee benefits
 36    paid by the state, pursuant to Section 33-1004F, Idaho Code, be paid  for  all
 37    eligible  employees  that  a school district or public charter school actually
 38    employs with its salary-based apportionment allotment, regardless  of  whether
 39    such  employees are categorized as administrative, instructional or classified
 40    staff.
                                                                        
                                       2
                                                                        
  1        SECTION 5.  That Section 33-1002C, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        33-1002C.  SUMMER  SCHOOL  PROGRAM  SUPPORT UNITS -- ALTERNATIVE SECONDARY
  4    SCHOOL -- JUVENILE DETENTION FACILITY. (1) Alternative secondary summer school
  5    programs of not less than two hundred twenty-five (225) hours of  instruction,
  6    which  shall  be  included in the educational support units calculated as pro-
  7    vided in section 33-1002, Idaho Code, may be established as  approved  by  the
  8    state  board  of education. The average daily attendance divided by forty (40)
  9    shall determine the number of allowable support units which shall be  included
 10    in  the  alternative  school secondary support units calculated for the school
 11    district for the succeeding school term.
 12        (2)  Districts which educate pupils placed by court order  in  a  juvenile
 13    detention  facility  may  establish  a  summer  school  program which shall be
 14    included in the educational support units calculated as  provided  in  section
 15    33-1002,  Idaho Code. The average daily attendance divided by forty (40) shall
 16    determine the number of allowable support units which shall be included in the
 17    exceptional education school support units calculated for the school  district
 18    for the succeeding school term.
 19        (3)  Average  daily  attendance and the support units so generated by this
 20    section shall not be included in or  subject  to  the  provisions  of  section
 21    33-1003, Idaho Code, and shall be included as an addition to any other support
 22    units generated pursuant to Idaho Code.
                                                                        
 23        SECTION  6.  That  Section 33-5208, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        33-5208.  PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. Except as  provided  in
 26    subsection (8) of this section, from the state educational support program the
 27    state  department  of education shall make the following apportionment to each
 28    public charter school for each fiscal year based on attendance figures submit-
 29    ted in a manner and time as required by the department of education:
 30        (1)  Per student support. Computation of support  units  for  each  public
 31    charter  school  shall be calculated as if it were a separate school according
 32    to the schedules in section 33-1002 6., Idaho Code, except that public charter
 33    schools with fewer than one hundred (100) secondary ADA shall use a divisor of
 34    twelve (12) and the minimum units shall  not  apply,  and  no  public  charter
 35    school  shall  receive  an  increase in support units that exceeds the support
 36    units it received in the prior year by more than twenty (20). Funding from the
 37    state educational support program shall be equal  to  the  total  distribution
 38    factor,  plus the salary-based apportionment provided in chapter 10, title 33,
 39    Idaho Code. Provided however, any public charter school that is formed by  the
 40    conversion  of  an  existing  traditional  public  school  shall  be  assigned
 41    divisors,  pursuant to section 33-1002, Idaho Code, that are no lower than the
 42    divisors of the school district in which  the  traditional  public  school  is
 43    located, for each category of pupils listed.
 44        (2)  Special  education.  For  each student enrolled in the public charter
 45    school who is entitled to special education services, the  state  and  federal
 46    funds from the exceptional child education program for that student that would
 47    have  been  apportioned  for  that student to the school district in which the
 48    public charter school is located.
 49        (3)  Alternative school support. Public charter schools may qualify  under
 50    the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the pub-
 51    lic  charter  school  meets the necessary statutory requirements, and students
 52    qualify for attendance at an alternative school as provided  by  rule  of  the
                                                                        
                                       3
                                                                        
  1    state board of education.
  2        (4)  Transportation  support.  Support shall be paid to the public charter
  3    school as provided in chapter 15, title 33, Idaho Code, and  section  33-1006,
  4    Idaho  Code.  Each  public charter school shall furnish the department with an
  5    enrollment count as of the first Friday in November, of public charter  school
  6    students  living more than one and one-half (1 1/2) miles from the school. For
  7    charter schools in the initial year of operation, the petition shall include a
  8    proposal for transportation services with an estimated first  year  cost.  The
  9    state department of education is authorized to include in the annual appropri-
 10    ation  to the charter school eighty percent (80%) of the estimated transporta-
 11    tion cost. The final appropriation payment in July shall  reflect  eighty-five
 12    percent (85%) of the actual cost.
 13        (5)  Payment  schedule. The state department of education is authorized to
 14    make an advance payment of twenty-five  percent  (25%)  of  a  public  charter
 15    school's  estimated  annual apportionment for its first year of operation, and
 16    each year thereafter, provided the public charter school has  an  increase  of
 17    student  population  in  any  given  year  of twenty (20) students or more, to
 18    assist the school with initial start-up costs or payroll obligations.
 19        (a)  For a state public charter school to receive the advance payment, the
 20        school shall submit its anticipated fall membership for each  grade  level
 21        to the state department of education by June 1.
 22        (b)  Using  the  figures  provided by the public charter school, the state
 23        department of education shall determine an estimated annual  apportionment
 24        from  which the amount of the advance payment shall be calculated. Advance
 25        payment shall be made to the school on or after July 1 but no  later  than
 26        July 31.
 27        (c)  All  subsequent  payments,  taking  into account the one-time advance
 28        payment made for the first year of operation, shall be made to the  public
 29        charter  school  in the same manner as other traditional public schools in
 30        accordance with the provisions of section 33-1009, Idaho Code.
 31    A public charter school shall comply with all applicable  fiscal  requirements
 32    of law, except that the following provisions shall not be applicable to public
 33    charter  schools: section 33-1003B, Idaho Code, relating to guaranteed minimum
 34    support; that portion of section 33-1004, Idaho Code, relating to reduction of
 35    the administrative and instructional staff allowance when there is a  discrep-
 36    ancy  between the number allowed and the number actually employed; and section
 37    33-1004E, Idaho Code, for calculation of district staff indices.
 38        (6)  Nothing in this chapter shall be construed to  prohibit  any  private
 39    person or organization from providing funding or other financial assistance to
 40    the establishment or operation of a public charter school.
 41        (7)  Nothing  in  this  chapter shall prevent a public charter school from
 42    applying for federal grant moneys.
 43        (8)  (a) For the period July 1, 2003, through June 30,  2005,  all  public
 44        virtual  schools  shall be assigned divisors, pursuant to section 33-1002,
 45        Idaho Code, that are no higher than the  median  divisor  shown  for  each
 46        respective  category  of  pupils,  among the possible divisors listed, for
 47        each respective category of pupils that contains more than one  (1)  divi-
 48        sor. If there is an even number of possible divisors listed for a particu-
 49        lar  category  of  pupils,  then the lesser of the two (2) median divisors
 50        shall be used. For the period July 1, 2005, through  June  30,  2007,  all
 51        public  virtual  schools  shall  be assigned divisors, pursuant to section
 52        33-1002, Idaho Code, that are no higher than the  second  highest  divisor
 53        shown, among the possible divisors listed, for each respective category of
 54        pupils  that  contains  more  than one (1) divisor. The divisor provisions
 55        contained herein shall only  be applicable to  the  number  of  pupils  in
                                                                        
                                       4
                                                                        
  1        average  daily  attendance  in  such public virtual schools for the period
  2        July 1, 2003, through June 30, 2004. If the number of  pupils  in  average
  3        daily  attendance  in  any particular category of pupils increases, during
  4        the period July 1, 2004, through June 30, 2005, to  a  number  above  that
  5        which  existed  in  the prior fiscal year, then those additional pupils in
  6        average daily attendance shall be assigned the divisor, pursuant  to  sec-
  7        tion  33-1002,  Idaho Code, that would have otherwise been assigned to the
  8        school district or public charter school had  this  section  not  been  in
  9        force.
 10        (b)  Each student in attendance at a public virtual school shall be funded
 11        based  upon  either  the  actual hours of attendance in the public virtual
 12        school on a flexible schedule, or the percentage of coursework  completed,
 13        whichever is more advantageous to the school, up to the maximum of one (1)
 14        full-time equivalent student.
 15        (c)  At  the discretion of the board of directors, and subject to any spe-
 16        cific limitations in its charter, all federal educational funds  shall  be
 17        administered  and  distributed  to public virtual schools that enroll stu-
 18        dents from multiple school districts in the same manner as an  independent
 19        local education agency (LEA).
 20        (9)  Nothing  in  this  section  prohibits  separate face-to-face learning
 21    activities or services.
                                                                        
 22        SECTION 7.  That Section 33-5203, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
 25    schools  is  hereby  authorized.  Public  charter schools shall be part of the
 26    state's program of public education.
 27        (2)  The number of charter schools which may be approved shall be  limited
 28    in number in accordance with the following:
 29        (a)  Not  more than six (6) newly-chartered public schools may be approved
 30        for any one (1) school year, and
 31        (b)  Not more than one (1) newly-chartered public school  may  be  granted
 32        for any one (1) school district for a school year, and
 33        (c)  No  whole  school  district may be converted to a charter district or
 34        any configuration which includes all schools as public charter schools.
 35        (d)  To begin operations, a newly-chartered public school must  be  autho-
 36        rized by no later than January 1 of the previous school year.
 37        (3)  A public charter school may be formed either by creating a new public
 38    charter  school,  which  charter  may  be granted by any authorized chartering
 39    entity, or by converting an existing traditional public  school  to  a  public
 40    charter  school, which charter may only be granted by the board of trustees of
 41    the school district in which the existing public school is located.
 42        (4)  No charter shall be granted under this chapter:
 43        (a)  Which provides for the conversion of any existing  private  or  paro-
 44        chial school to a public charter school.
 45        (b)  To  a  for-profit  entity  or  any school which is operated by a for-
 46        profit entity, provided however, nothing herein shall prevent the board of
 47        directors of a public charter school from legally  contracting  with  for-
 48        profit  entities for the provision of products or services that aid in the
 49        operation of the school.
 50        (c)  By the board of trustees of a school district if the  public  charter
 51        school's  physical  location  is outside the boundaries of the authorizing
 52        school district. The limitation provided in this  subsection  (4)(c)  does
 53        not apply to a home-based public virtual school.
                                                                        
                                       5
                                                                        
  1        (5)  A  public virtual school charter may be granted by the public charter
  2    school commission. In addition, a charter may also be approved and granted  by
  3    the state board of education pursuant to section 33-5207(5)(b), Idaho Code.
  4        (6)  The  state  board  of education shall adopt rules, subject to law, to
  5    establish a consistent application and review process  for  the  approval  and
  6    maintenance of all public charter schools.
  7        (7)  The  state board of education shall be responsible to designate those
  8    public charter schools that will be identified as  a  local  education  agency
  9    (LEA)  as  such term is defined in 34 CFR 300.18; however, only public charter
 10    schools chartered by the board  of  trustees  of  a  school  district  may  be
 11    included in that district's LEA.
                                                                        
 12        SECTION  8.  An  emergency  existing  therefor,  which emergency is hereby
 13    declared to exist, Section 5 of this act shall be in full force and effect  on
 14    and after passage and approval.
                                                                        
 15        SECTION 9.  Section 7 of this act shall be in full force and effect on and
 16    after December 31, 2005.

Statement of Purpose / Fiscal Impact







STATEMENT OF PURPOSE




STATEMENT OF PURPOSE

RS14357

This is the Fiscal Year 2006 appropriation for the Division of Administrators portion of the Public Schools budget. The pieces of the Public Schools budget that are part of this division's appropriation include: 1.) The administrators' portion of the salary-based apportionment formula; 2.) State paid employee benefits for administrators, which include PERSI and FICA; and 3.) The administrators' portion of federal pass-through funding to local school districts.

This budget adds funds for an increase of 185 new midterm support units and 190 new full-term support units, and an increase in available federal pass-through funds. This bill also includes language, in Section 4, which provides guidance to the state Department of Education that state-paid benefits should be paid for the full salary-based apportionment allotment of school districts, regardless of whether those salary dollars are being spent on administrative, instructional, or classified staff, so long as the total allotment is being fully utilized. This language reflects and completes the 2003 Legislature's intent in eliminating the "use it or lose it" provision on state funding of administrative staff salaries, by requiring that benefits follow the salary dollars that are redirected to other areas.

This bill also includes three amendments to Idaho Code. The first, in Section 5, provides that the average daily attendance (ADA) and support units of alternative and juvenile detention summer programs are not subject to the 99% ADA "protection" feature of Section 33-1003, Idaho Code.

The next two amendments, in Sections 6 and 7, deal with charter school approval and funding. Section 6 limits to twenty the amount of annual support unit growth that any new or existing individual charter school can receive. Section 7 provides that new charter schools must be approved by January 1, in order to begin operations in the following school year.

FISCAL NOTE

FY 2005
Approp.
FY 2006
$987 Budget
Div. of
Administrators
I. STATE APPROPRIATION
A. Sources of Funds
1. General Fund $964,706,500 $987,110,000 $75,195,300
2. Dedicated Funds $42,907,800 $45,232,800 $0
3. Federal Funds $157,980,000 $165,000,000 $1,650,200
4. TOTAL STATE APPROPRIATIONS $1,165,594,300 $1,197,342,800 $76,845,500

General Fund Percent Increase: 

2.3% 2.3% 3.3%

Total Funds Percent Increase:

1.1% 2.7% 3.3%
II. PROGRAM DISTRIBUTION
A. Statutory Requirements
1. Property Tax Replacement $75,000,000 $75,000,000 $0
2. Transportation $57,600,000 $60,521,600 $0
3. Border Contracts $800,000 $800,000 $0
4. Exceptional Contracts/Tuition Equivalents $5,000,000 $5,750,000 $0
5. Floor $1,300,000 $395,500 $0
6. Program Adjustments $300,000 $400,000 $0
7. Salary-based Apportionment $684,339,900 $697,958,200 $63,684,400
8. Teacher Incentive Award $696,400 $696,400 $0
9. State Paid Employee Benefits $124,704,900 $126,161,700 $11,510,900
10. Early Retirement Program $4,000,000 $4,600,000 $0
11. Bond Levy Equalization $2,000,000 $4,527,500 $0
12. Idaho Safe & Drug-Free Schools $4,700,000 $4,700,000 $0
13. Sub-total -- Statutory Requirements $960,441,200 $981,510,900 $75,195,300
B. Other Program Distributions

1.

Technology & Remediation $8,400,000 $9,500,000 $0
2. Idaho Reading Initiative $2,800,000 $2,800,000 $0
3. Limited English Proficiency (LEP) $4,850,000 $5,060,000 $0
4. Gifted & Talented $500,000 $500,000 $0
5. Idaho Digital Learning Academy $450,000 $900,000 $0
6. School Facilities Funding (Lottery) $8,922,500 $8,922,500 $0
7. HB 315 Facilities Transfer (Whitepine) $377,500 $0 $0
8. Federal Funds for Local School Districts $157,980,000 $165,000,000 $1,650,200
11. Sub-total -- Other Program Distributions $184,280,000 $192,682,500 $1,650,200
  TOTAL CATEGORICAL EXPENDITURES $1,144,721,200 $1,174,193,400 $76,845,500
III. EDUCATION STABILIZATION FUNDS $0 $0
IV. STATE DISCRETIONARY FUNDS $20,873,100 $23,149,400
V. ESTIMATED SUPPORT UNITS 12,870 13,150
VI. STATE DISCRETIONARY PER SUPPORT $1,622 $1,760
VII. LOCAL DISCRETIONARY PER SUPPOR $22,828 $22,935
VIII. TOTAL DISCRETIONARY PER SUPPORT $24,450 $24,695

Contact: Jason Hancock

Legislative Services Office

Budget and Policy Analysis

Telephone: 334-3531