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
]]]] 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
STATEMENT OF PURPOSE
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.
|A.||Sources of Funds|
|4.||TOTAL STATE APPROPRIATIONS||$1,165,594,300||$1,197,342,800||$76,845,500|
General Fund Percent Increase:
Total Funds Percent Increase:
|1.||Property Tax Replacement||$75,000,000||$75,000,000||$0|
|4.||Exceptional Contracts/Tuition Equivalents||$5,000,000||$5,750,000||$0|
|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|
|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