View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0821..........................................................by EDUCATION
DEAF AND BLIND EDUCATION - Amends, adds to and repeals existing law to
remove consideration of the Idaho School for the Deaf and the Blind as a
school district; to provide distribution calculations for school districts
hosting regional programs for deaf education; to establish in the State
Board of Education the Division of Deaf and Blind Education; to provide for
the elimination of the Idaho School for the Deaf and the Blind as a body
corporate; to vest general supervision and government control of the
Division of Deaf and Blind Education in the State Board of Education; to
empower the State Board to dispose of any property belonging to or vested
in the name of the Idaho School for the Deaf and the Blind; to provide for
general powers of the State Board of Education relating to the division; to
prohibit religious or sectarian tests; to provide for definitions; to
provide for a program for the deaf; to provide for a program for the blind;
to provide legislative findings with regard to the Division of Deaf and
Blind Education; to provide for technology grants to the regional deaf
education program; and to provide for the transfer and credit of certain
funds to the Idaho Division of Deaf and Blind Education Fund.
03/15 House intro - 1st rdg - to printing
03/16 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 821
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO DEAF AND BLIND EDUCATION; AMENDING SECTION 16-113, IDAHO CODE, TO
3 PROVIDE FOR CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMEND-
4 ING SECTION 33-101, IDAHO CODE, TO PROVIDE FOR CORRECT TERMINOLOGY AND TO
5 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-905, IDAHO CODE, TO REMOVE
6 CONSIDERATION OF THE IDAHO SCHOOL FOR THE DEAF AND THE BLIND AS A SCHOOL
7 DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-1002,
8 IDAHO CODE, TO REVISE THE EDUCATION SUPPORT PROGRAM FORMULA AND TO MAKE A
9 TECHNICAL CORRECTION; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE
10 ADDITION OF A NEW SECTION 33-1004H, IDAHO CODE, TO PROVIDE DISTRIBUTION
11 CALCULATIONS FOR SCHOOL DISTRICTS HOSTING REGIONAL PROGRAMS FOR DEAF EDU-
12 CATION; AMENDING THE HEADING FOR CHAPTER 34, TITLE 33, IDAHO CODE; AMEND-
13 ING SECTION 33-3401, IDAHO CODE, TO ESTABLISH IN THE STATE BOARD OF EDUCA-
14 TION THE DIVISION OF DEAF AND BLIND EDUCATION AND TO PROVIDE FOR THE ELIM-
15 INATION OF THE IDAHO SCHOOL FOR THE DEAF AND THE BLIND AS A BODY CORPO-
16 RATE; AMENDING SECTION 33-3402, IDAHO CODE, TO REMOVE REFERENCE TO THE
17 IDAHO SCHOOL FOR THE DEAF AND THE BLIND AS A BODY CORPORATE AND TO PROVIDE
18 GENERAL SUPERVISION, GOVERNMENT AND CONTROL OF THE DIVISION IN THE STATE
19 BOARD; AMENDING SECTION 33-3403, IDAHO CODE, TO PROVIDE FOR CORRECT TERMI-
20 NOLOGY; AMENDING SECTION 33-3404, IDAHO CODE, TO EMPOWER THE STATE BOARD
21 TO DISPOSE OF ANY PROPERTY BELONGING TO OR VESTED IN THE NAME OF THE IDAHO
22 SCHOOL FOR THE DEAF AND THE BLIND; AMENDING SECTION 33-3405, IDAHO CODE,
23 TO PROVIDE FOR GENERAL POWERS AND TO MAKE A TECHNICAL CORRECTION; AMENDING
24 SECTION 33-3406, IDAHO CODE, TO PROHIBIT RELIGIOUS OR SECTARIAN TESTS WITH
25 REGARD TO DIVISION STUDENTS AND PERSONNEL; REPEALING SECTION 33-3407,
26 IDAHO CODE, RELATING TO THE DEFINITION OF DEAF AND BLIND, EXAMINATION OF
27 APPLICANTS AND ADMISSION AND RELEASE OF PUPILS; AMENDING CHAPTER 34, TITLE
28 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-3407, IDAHO CODE, TO
29 PROVIDE FOR DEFINITIONS; AMENDING SECTION 33-3408, IDAHO CODE, TO PROVIDE
30 CORRECT TERMINOLOGY; REPEALING SECTION 33-3409, IDAHO CODE, RELATING TO A
31 GENERAL FUND CONTINGENCY RESERVE; AMENDING CHAPTER 34, TITLE 33, IDAHO
32 CODE, BY THE ADDITION OF A NEW SECTION 33-3409, IDAHO CODE, TO PROVIDE FOR
33 A PROGRAM FOR THE DEAF; AMENDING CHAPTER 34, TITLE 33, IDAHO CODE, BY THE
34 ADDITION OF A NEW SECTION 33-3410, IDAHO CODE, TO PROVIDE FOR A PROGRAM
35 FOR THE BLIND; AMENDING SECTION 33-4802, IDAHO CODE, TO PROVIDE LEGISLA-
36 TIVE FINDINGS WITH REGARD TO THE DIVISION AND TO MAKE A TECHNICAL CORREC-
37 TION; AMENDING SECTION 33-4803, IDAHO CODE, TO REVISE A DEFINITION; AMEND-
38 ING SECTION 33-4806, IDAHO CODE, TO PROVIDE FOR TECHNOLOGY GRANTS TO THE
39 REGIONAL DEAF EDUCATION PROGRAMS; AMENDING SECTION 66-1106, IDAHO CODE, TO
40 PROVIDE FOR CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
41 ING SECTION 66-1107, IDAHO CODE, TO PROVIDE FOR CORRECT TERMINOLOGY AND TO
42 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 66-1108, IDAHO CODE, TO PRO-
43 VIDE FOR TRANSFER AND CREDIT OF CERTAIN FUNDS TO THE IDAHO DIVISION OF
44 DEAF AND BLIND EDUCATION FUND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
45 SECTION 67-7304, IDAHO CODE, TO PROVIDE FOR CORRECT TERMINOLOGY; AND PRO-
46 VIDING AN EFFECTIVE DATE.
2
1 Be It Enacted by the Legislature of the State of Idaho:
2 SECTION 1. That Section 16-113, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 16-113. MAINTENANCE OF EXISTING PROGRAM LEVELS. Nothing in this chapter
5 shall be construed to permit:
6 (1) The reduction of local, state, or federal medical or other assistance
7 available;
8 (2) The alteration of eligibility under title V of the social security
9 act (relating to maternal and child health);
10 (3) The alteration of eligibility under title XIX of the social security
11 act (relating to medicaid for infants and toddlers with disabilities);
12 (4) The reduction of early intervention services provided by the state
13 department of education, the department of health and welfare, or the school
14 for the division of deaf and the blind education.
15 SECTION 2. That Section 33-101, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 33-101. CREATION OF BOARD. For the general supervision, governance and
18 control of all state educational institutions, to wit: Uuniversity of Idaho,
19 Idaho Sstate Uuniversity, Boise Sstate Uuniversity, Lewis-Clark Sstate
20 Ccollege, the School for the division of dDeaf and the Bblind education and
21 any other state educational institution which may hereafter be founded, and
22 for the general supervision, governance and control of the public school sys-
23 tems, including public community colleges, a state board of education is cre-
24 ated. The said board shall be known as the state board of education and board
25 of regents of the Uuniversity of Idaho.
26 For the purposes of section 20, article IV, of the constitution of the
27 state of Idaho, the state board of education and all of its offices, agencies,
28 divisions and departments shall be an executive department of state govern-
29 ment.
30 Where the term "state board" shall hereafter appear, it shall mean the
31 state board of education and board of regents of the Uuniversity of Idaho.
32 SECTION 3. That Section 33-905, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-905. SCHOOL DISTRICT BUILDING ACCOUNT -- PAYMENTS TO ACCOUNT -- MONEYS
35 APPROPRIATED TO STATE BOARD -- APPLICATION FOR MONEYS -- PAYMENTS TO DISTRICTS
36 -- REPORTS ON APPLICATIONS -- USES OF MONEYS. (1.) The state of Idaho, recog-
37 nizing its responsibility to establish and maintain a general, uniform and
38 thorough system of public, free common schools, in an effort to partially ful-
39 fill this responsibility, hereby creates and establishes the school district
40 building account in the state treasury. The school district building account
41 shall have paid into it such appropriations or revenues as may be provided by
42 law.
43 (2.) Moneys in the school district building account are hereby appropri-
44 ated to and may be expended by the state board of education at any time for
45 the purposes provided in this section, any provision of chapter 35, title 67,
46 Idaho Code, or chapter 36, title 67, Idaho Code, notwithstanding.
47 (3.) (a) As to any moneys in the account other than lottery dividends
48 distributed pursuant to subsection (4.) of this section, the board of
49 trustees of any school district may apply to the state board of education
3
1 to receive a payment or payments from the school district building
2 account; provided, a district demonstrates to the state board of education
3 that it has a substantial and serious need based upon the district's
4 classroom student-teacher ratios, past efforts to levy for such construc-
5 tion, physical condition of existing structures, and the total assessed
6 market value of the district, all of which shall be further defined by
7 actual need criteria established by the state board of education.
8 (b) When an application for moneys from the account is approved by the
9 state board of education, the state board shall inform the school district
10 that the application has been approved, citing the amount approved for
11 payment and an estimate of the time when the payment can actually be made
12 to the school district.
13 (4.) By not later than August 31, moneys in the account pursuant to dis-
14 tribution from section 67-7434, Idaho Code, the lottery dividends and interest
15 earned thereon, shall be distributed to each of the several school districts,
16 in the proportion that the average daily attendance of that district for the
17 previous school year bears to the total average daily attendance of the state
18 during the previous school year. For the purposes of this subsection 4. only,
19 the Idaho school for the deaf and blind shall be considered a school district,
20 and shall receive a distribution based upon the average daily attendance of
21 the school. Average daily attendance shall be calculated as provided in sec-
22 tion 33-10024.(5), Idaho Code.
23 (5.) All payments from the school district building account shall be paid
24 out directly to the school district in warrants drawn by the state controller
25 upon presentation of proper vouchers from the state board of education. Pend-
26 ing payments out of the school district building account, the moneys in the
27 account shall be invested by the state treasurer in the same manner as pro-
28 vided under section 67-1210, Idaho Code, with respect to other idle moneys in
29 the state treasury. Interest earned on the investments shall be returned to
30 the school district building account.
31 (6.) Payments from the school district building account received by a
32 school district may be used by the school district for the purposes authorized
33 in section 33-1102, Idaho Code.
34 (7.) (a) By not later than December 1, each school district shall report
35 to the state department of education the projects on which moneys received
36 from the school district building account were expended. The state depart-
37 ment of education shall transmit a summary of such reports to the legisla-
38 ture by not later than January 15 of the following year.
39 (b) By not later than December 1, each school district shall report to
40 the state department of education the planned uses for the moneys received
41 from the school district building account. The state department of educa-
42 tion shall transmit a summary of the reports to the legislature by not
43 later than January 15 of the following year.
44 SECTION 4. That Section 33-1002, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is
47 calculated as follows:
48 1. State Educational Support Funds. Add the state appropriation, includ-
49 ing the moneys available in the public school income fund, together with all
50 miscellaneous revenues to determine the total state funds.
51 2. From the total state funds subtract the following amounts needed for
52 state support of special programs provided by a school district:
53 a. Pupil tuition-equivalency allowances as provided in section 33-1002B,
4
1 Idaho Code;
2 b. Transportation support program as provided in section 33-1006, Idaho
3 Code;
4 c. Feasibility studies allowance as provided in section 33-1007A, Idaho
5 Code;
6 d. The approved costs for border district allowance, provided in section
7 33-1403, Idaho Code, as determined by the state superintendent of public
8 instruction;
9 e. The approved costs for exceptional child approved contract allowance,
10 provided in subsection 2. of section 33-2004, Idaho Code, as determined by
11 the state superintendent of public instruction;
12 f. Certain expectant and delivered mothers allowance as provided in sec-
13 tion 33-2006, Idaho Code;
14 g. Salary-based apportionment calculated as provided in sections 33-1004
15 through 33-1004F, Idaho Code;
16 h. Unemployment insurance benefit payments according to the provisions of
17 section 72-1349A, Idaho Code;
18 i. For expenditure as provided by the public school technology program;
19 j. For the support of provisions that provide a safe environment condu-
20 cive to student learning and maintain classroom discipline, an allocation
21 of $300 per support unit; and
22 k. For the support of regional programs for deaf education, as provided
23 in section 33-1004H, Idaho Code; and
24 l. Any additional amounts as required by statute to effect administrative
25 adjustments or as specifically required by the provisions of any bill of
26 appropriation;
27 to secure the state educational support funds.
28 3. Local Districts' Contribution Calculation. Without including any
29 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho
30 Code, the local districts' contribution shall be the amount appropriated pur-
31 suant to section 33-1002D, Idaho Code, plus three-tenths percent (.3%) during
32 fiscal year 2003-04 and each year thereafter, of the total state adjusted mar-
33 ket value for assessment purposes for the previous year with such value being
34 determined by the provisions of section 63-315, Idaho Code, and four-tenths
35 percent (.4%) during fiscal year 1994-95 and each year thereafter, of the
36 cooperative electrical associations' property values that have been derived
37 from the taxes paid in lieu of ad valorem property taxes for the previous year
38 as provided in section 63-3502, Idaho Code.
39 4. Educational Support Program Distribution Funds. Add the local dis-
40 tricts' contribution, subsection 3. of this section, and the state educational
41 support program funds, subsection 1. of this section, together to secure the
42 total educational support program distribution funds.
43 5. Average Daily Attendance. The total state average daily attendance
44 shall be the sum of the average daily attendance of all of the school dis-
45 tricts of the state. The state board of education shall establish rules set-
46 ting forth the procedure to determine average daily attendance and the time
47 for, and method of, submission of such report. Average daily attendance calcu-
48 lation shall be carried out to the nearest hundredth. Computation of average
49 daily attendance shall also be governed by the provisions of section 33-1003A,
50 Idaho Code.
51 6. Support Units. The total state support units shall be determined by
52 using the tables set out hereafter called computation of kindergarten support
53 units, computation of elementary support units, computation of secondary sup-
54 port units, computation of exceptional education support units, and computa-
55 tion of alternative school secondary support units. The sum of all of the
5
1 total support units of all school districts of the state shall be the total
2 state support units.
3 COMPUTATION OF KINDERGARTEN SUPPORT UNITS
4 Average Daily
5 Attendance Attendance Divisor Units Allowed
6 41 or more .... 40....................... 1 or more as computed
7 31 - 40.99 ADA.... -....................... 1
8 26 - 30.99 ADA.... -....................... .85
9 21 - 25.99 ADA.... -....................... .75
10 16 - 20.99 ADA.... -....................... .6
11 8 - 15.99 ADA.... -....................... .5
12 1 - 7.99 ADA.... -....................... count as elementary
13 COMPUTATION OF ELEMENTARY SUPPORT UNITS
14 Average Daily
15 Attendance Attendance Divisor Minimum Units Allowed
16 300 or more ADA........................................ 15
17 ..23...grades 4,5 & 6....
18 ..22...grades 1,2 & 3....1994-95
19 ..21...grades 1,2 & 3....1995-96
20 ..20...grades 1,2 & 3....1996-97
21 and each year thereafter.
22 160 to 299.99 ADA... 20..................... 8.4
23 110 to 159.99 ADA... 19..................... 6.8
24 71.1 to 109.99 ADA... 16..................... 4.7
25 51.7 to 71.0 ADA... 15..................... 4.0
26 33.6 to 51.6 ADA... 13..................... 2.8
27 16.6 to 33.5 ADA... 12..................... 1.4
28 1.0 to 16.5 ADA... n/a.................... 1.0
29 COMPUTATION OF SECONDARY SUPPORT UNITS
30 Average Daily
31 Attendance Attendance Divisor Minimum Units Allowed
32 750 or more .... 18.5..................... 47
33 400 - 749.99 ADA.... 16....................... 28
34 300 - 399.99 ADA.... 14.5..................... 22
35 200 - 299.99 ADA.... 13.5..................... 17
36 100 - 199.99 ADA.... 12....................... 9
37 99.99 or fewer Units allowed as follows:
38 Grades 7-12 ......................... 8
39 Grades 9-12 ......................... 6
40 Grades 7- 9 ......................... 1 per 14 ADA
41 Grades 7- 8 ......................... 1 per 16 ADA
42 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
43 Average Daily
44 Attendance Attendance Divisor Minimum Units Allowed
45 14 or more .... 14.5..................... 1 or more as computed
46 12 - 13.99.... -....................... 1
47 8 - 11.99.... -....................... .75
48 4 - 7.99.... -....................... .5
49 1 - 3.99.... -....................... .25
6
1 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
2 Pupils in Attendance Attendance Divisor Minimum Units Allowed
3 12 or more.......... 12...................... 1 or more as computed
4 In applying these tables to any given separate attendance unit, no school
5 district shall receive less total money than it would receive if it had a
6 lesser average daily attendance in such separate attendance unit. In applying
7 the kindergarten table to a kindergarten program of less days than a full
8 school year, the support unit allowance shall be in ratio to the number of
9 days of a full school year. The tables for exceptional education and alterna-
10 tive school secondary support units shall be applicable only for programs
11 approved by the state department of education following rules established by
12 the state board of education. Moneys generated from computation of support
13 units for alternative schools shall be utilized for alternative school pro-
14 grams. School district administrative and facility costs may be included as
15 part of the alternative school expenditures.
16 7. State Distribution Factor per Support Unit. Divide educational support
17 program distribution funds, after subtracting the amounts necessary to pay the
18 obligations specified in subsection 2. of this section, by the total state
19 support units to secure the state distribution factor per support unit.
20 8. District Share of State Funds for Educational Support Program. Ascer-
21 tain a district's share of state funds for the educational support program as
22 follows:
23 a. District Contribution Calculation. Without including any allowance as
24 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code,
25 the district contribution calculation shall be the rate determined under
26 subsection 3. of this section.
27 b. District Support Units. The number of support units for each school
28 district in the state shall be determined as follows:
29 (1) Divide the actual average daily attendance, excluding students
30 approved for inclusion in the exceptional child educational program,
31 for the administrative schools and each of the separate schools and
32 attendance units by the appropriate divisor from the tables of sup-
33 port units in this section, then add the quotients to obtain the
34 district's support units allowance for regular students, kindergarten
35 through grade 12 including alternative school secondary students.
36 Calculations in application of this subsection shall be carried out
37 to the nearest tenth.
38 (2) Divide the combined totals of the average daily attendance of
39 all preschool, handicapped, kindergarten, elementary, secondary and
40 juvenile detention center students approved for inclusion in the
41 exceptional child program of the district by the appropriate divisor
42 from the table for computation of exceptional education support units
43 to obtain the number of support units allowed for the district's
44 approved exceptional child program. Calculations for this subsection
45 shall be carried out to the nearest tenth when more than one (1) unit
46 is allowed.
47 (3) The total number of support units of the district shall be the
48 sum of the total support units for regular students, subsection
49 8.b.(1) of this section, and the support units allowance for the
50 approved exceptional child program, subsection 8.b.(2) of this sec-
51 tion.
52 c. Total District Allowance Educational Program. Multiply the district's
53 total number of support units, carried out to the nearest tenth, by the
7
1 state distribution factor per support unit and to this product add the
2 approved amount of programs of the district provided in subsection 2. of
3 this section to secure the district's total allowance for the educational
4 support program.
5 d. District Share. To secure the district's share of state apportionment,
6 subtract the amount of the local district contribution calculation, sub-
7 section 3. of this section, from the amount of the total district allow-
8 ance, subsection 8.c. of this section.
9 e. Adjustment of District Share. The contract salary of every noncertifi-
10 cated teacher shall be subtracted from the district's share as calculated
11 from the provisions of subsection 8.d. of this section.
12 SECTION 5. That Chapter 10, Title 33, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 33-1004H, Idaho Code, and to read as follows:
15 33-1004H. REGIONAL DEAF EDUCATION PROGRAMS. The state department of edu-
16 cation shall distribute moneys, as part of the educational support program,
17 for the support of school districts hosting regional programs for deaf educa-
18 tion, authorized pursuant to section 33-3409, Idaho Code. Such distributions
19 shall be based on the lesser of the following two (2) calculations:
20 (1) The number of eligible deaf students in average daily attendance,
21 multiplied by fifty thousand dollars ($50,000); or
22 (2) The amount of funding that would have been provided by the state had
23 the program actually been a public charter school, with access to the minimum
24 support unit numbers in section 33-1002(6), Idaho Code.
25 SECTION 6. That the Heading for Chapter 34, Title 33, Idaho Code, be, and
26 the same is hereby amended to read as follows:
27 CHAPTER 34
28 IDAHO SCHOOL FOR THE DIVISION OF DEAF
29 AND THE BLIND EDUCATION
30 SECTION 7. That Section 33-3401, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 33-3401. ESTABLISHMENT OF SCHOOL FOR DIVISION OF DEAF AND BLIND
33 EDUCATION. The establishment by law of a school for the There is hereby estab-
34 lished in the state board of education the division of deaf and blind at Good-
35 ing, Idaho, is hereby ratified and affirmed, said school to be called the
36 Idaho School for the Deaf and the Blind, and its operation continued. It is
37 further provided that wherever the term education. The "State School for the
38 Deaf and the Blind" shall appear in the Idaho Code it shall mean also known as
39 the "Idaho School for the Deaf and the Blind." at Gooding, Idaho, shall no
40 longer exist as a body corporate.
41 SECTION 8. That Section 33-3402, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 33-3402. BODY POLITIC AND CORPORATE -- STATE BOARD OF TRUSTEES EDUCATION.
44 The Idaho School for the Deaf and the Blind is hereby declared to be a body
45 corporate, with its own seal and having power to sue and be sued in its own
46 name. The general supervision, government and control of the Idaho School for
47 the division of dDeaf and the Bblind education is vested in the state board of
8
1 education, which shall act as the board of trustees of the Idaho School for
2 the Deaf and the Blind.
3 SECTION 9. That Section 33-3403, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 33-3403. ORGANIZATION, MEETINGS AND PROCEEDINGS OF BOARD. The state
6 board, of trustees, at its first meeting and annually thereafter, shall orga-
7 nize by electing a chairman, a vice-chairman and a secretary. A majority of
8 the board shall constitute a quorum for the transaction of business, but a
9 smaller number may adjourn from time to time. No member of the board shall
10 participate in any proceeding in which he has a pecuniary interest. No vacancy
11 on the board shall impair the right of the remaining trustees to exercise all
12 the powers of the board. Every vote and official act of the board shall be
13 entered of record. The state treasurer shall serve as treasurer of the board.
14 It shall be the duty of the secretary to keep a detailed account of the doings
15 of the board.
16 SECTION 10. That Section 33-3404, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 33-3404. TITLE TO PROPERTY -- ACQUIRING, SELLING OR EXCHANGING PROPERTY.
19 All rights and title to property, real and personal, belonging to or vested in
20 the Idaho School for the Deaf and the Blind are hereby vested in its state
21 board of trustees and their its successors. The state board of trustees is
22 empowered to acquire, by purchase or exchange, any property which in the judg-
23 ment of the board is needful for the operation of the Idaho School for the
24 Deaf and the Blind, and to dispose of, by sale or exchange, any property which
25 in the judgment of the board is not needful for the operation of the same
26 belonging to or vested in the name of the Idaho school for the deaf and the
27 blind at Gooding, Idaho.
28 SECTION 11. That Section 33-3405, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-3405. GENERAL POWERS OF BOARD. The state board of trustees of as the
31 board for the Idaho school for the division of deaf and the blind education
32 shall have the following powers:
33 (1) To adopt rules and regulations for its own government and that of the
34 school Idaho division of deaf and blind education;
35 (2) To employ a superintendent of an administrator for the school divi-
36 sion, and, with his the administrator's advice, to appoint such assistants,
37 instructors, specialists and other employees as are required for the operation
38 of the school division; to fix salaries and prescribe duties; to remove the
39 superintendent administrator or any other employees in accordance with the
40 policies and rules of the state board; of education; and to, at the discretion
41 of the superintendent administrator, allow all employees eligible for benefits
42 to elect to receive their salary on a year-round basis. Such a payment sched-
43 ule shall not be considered a guarantee of employment;
44 (3) With the advice of the superintendent, tTo prescribe the instruc-
45 tional materials, the course of study, and the textbooks to be used, and for
46 those pupils who complete the requirements for grade twelve (12), the time and
47 standard of graduation;
48 (4) To have at all times, general supervision and control of all prop-
49 erty, real and personal, appertaining to the school division, and to insure
9
1 the same;
2 (5) To employ architects or engineers in planning the construction,
3 remodeling or repair of any building and, whenever no other agency is desig-
4 nated so to do, to let contracts for such construction, remodeling or repair
5 and to supervise the work thereof maintain in good condition the buildings,
6 grounds and personal property acquired by or vested in the name of the Idaho
7 school for the deaf and the blind until such time as such property may be
8 sold, transferred or otherwise disposed of as the state board may determine;
9 (6) To expend moneys appropriated, or otherwise placed to the credit of
10 the school division for the maintenance and operation thereof, and to account
11 for the same as prescribed by law; and
12 (7) To provide for the conveyance of pupils to and from the school, the
13 expense of such conveyance being a lawful use of the moneys available to the
14 board of trustees contract with local school districts and to assist those
15 school districts in providing nonresidential, day educational program services
16 to the greatest number of Idaho deaf and blind children as may be practicable.
17 SECTION 12. That Section 33-3406, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 33-3406. SECTARIAN TESTS PROHIBITED. No religious or sectarian tests
20 shall be applied to the admission of students served by the division, nor in
21 the selection of instructors or other personnel of the school division.
22 SECTION 13. That Section 33-3407, Idaho Code, be, and the same is hereby
23 repealed.
24 SECTION 14. That Chapter 34, Title 33, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 33-3407, Idaho Code, and to read as follows:
27 33-3407. DEFINITIONS. Unless the context shall otherwise provide, as used
28 in this chapter:
29 (1) "Administrator" means the administrator of the Idaho division of deaf
30 and blind education.
31 (2) "Blind" means a person who is blind, totally blind, partially blind
32 or otherwise visually handicapped meaning such person has central visual acu-
33 ity not exceeding 20/200 in the better eye, with corrected lenses, as measured
34 by the Snellen test, or visual acuity greater than 20/2000, but with a limita-
35 tion in the field of vision such that the widest diameter of the visual field
36 subtends an angle not greater than twenty (20) degrees.
37 (3) "Deaf" means a person whose hearing impairment is so severe that the
38 person is impaired in processing linguistic information through hearing, even
39 with amplification. A person may be identified as deaf or hearing impaired
40 when the unaided hearing loss is in excess of seventy (70) decibels and pre-
41 cludes understanding of speech through the auditory mechanism, even with
42 amplification, and demonstrates an inability to process linguistic information
43 through hearing, even with amplification.
44 (4) "Program" means the program for the deaf as set forth in section
45 33-3409, Idaho Code, and the program for the blind as set forth in section
46 33-3410, Idaho Code.
47 (5) "State board" or "state board of education" means the state board of
48 education and board of regents of the university of Idaho.
49 SECTION 15. That Section 33-3408, Idaho Code, be, and the same is hereby
10
1 amended to read as follows:
2 33-3408. REPORTING DEAF AND BLIND PUPILS. On or before the first day of
3 February, in each year, the clerk of each school district, including elemen-
4 tary school districts and especially chartered school districts shall report
5 the number of deaf and blind pupils, as defined in section 33-3407, Idaho
6 Code, attending the school or schools of the district, and any such person,
7 not a pupil in the school, of whom he may have knowledge.
8 Such report shall be made to the superintendent administrator of the Idaho
9 School for the division of dDeaf and the Bblind education, upon forms approved
10 by the state board of education.
11 SECTION 16. That Section 33-3409, Idaho Code, be, and the same is hereby
12 repealed.
13 SECTION 17. That Chapter 34, Title 33, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 33-3409, Idaho Code, and to read as follows:
16 33-3409. PROGRAM FOR THE DEAF. (1) The administrator, on behalf of the
17 state board, is hereby authorized to enter into contracts with five (5) local
18 school districts to provide nonresidential, day educational program services
19 to deaf children from ages three (3) years through grade twelve (12). The
20 local school districts, or "host" school districts, which provide educational
21 program services under contract with the state board, are to be selected so as
22 to provide the maximum participation in the educational program services for
23 the deaf children in the region. Each host school district shall provide staff
24 and facilities for the educational program services.
25 (2) The administrator may enter into one (1) contract with a local school
26 district in each of the following areas:
27 (a) Kootenai or Bonner county;
28 (b) Nez Perce or Latah county;
29 (c) Ada or Canyon county;
30 (d) Twin Falls, Gooding, Jerome, Minidoka or Cassia county; and
31 (e) Bingham county.
32 (3) The educational program services to be offered by the host school
33 districts to deaf children shall include, but are not limited to:
34 (a) An auditory/oral program for prekindergarten through grade one (1) to
35 serve children with hearing impairments, but who are not deaf;
36 (b) A sign-language based program for deaf children in prekindergarten
37 through grade twelve (12); and
38 (c) Speech and language therapy services.
39 (4) A deaf student's home school district shall be responsible for:
40 (a) Preparing and updating the student's individualized education plan
41 and the individual family education plan as required by the individuals
42 with disabilities education act, parts A and B, 20 U.S.C. sections 1400 to
43 1419, and federal regulations promulgated thereunder;
44 (b) Providing transportation to deaf students living in the home school
45 district and participating in the educational program services in the host
46 school district, provided however:
47 (i) Home school districts may contract with other home school dis-
48 tricts or the host district to provide such transportation; and
49 (ii) Eligible costs associated with transporting students to and from
50 the host school district shall be funded as provided in section
51 33-1006, Idaho Code, except that such transportation cost shall not
11
1 be subject to the transportation cost cap thereunder.
2 (5) Deaf students from home school districts participating in educational
3 program services in the host school district shall be allowed to participate
4 in the same extracurricular activities as deaf students from the host school
5 district.
6 SECTION 18. That Chapter 34, Title 33, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 33-3410, Idaho Code, and to read as follows:
9 33-3410. PROGRAM FOR THE BLIND. The administrator on behalf of the state
10 board is hereby authorized to assist individual local school districts to pro-
11 vide nonresidential, day educational program services to the local school dis-
12 tricts for blind children in kindergarten through grade twelve (12). The
13 administrator is further authorized to provide such students with specialized
14 short-term, concentrated programs of instruction in braille and mobility and
15 life skills training. Such programs should be offered at times when such stu-
16 dents are not attending public school classes.
17 SECTION 19. That Section 33-4802, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 33-4802. FINDINGS. The legislature hereby finds, determines and declares
20 that the state of Idaho recognizes the importance of applying technology to
21 meet the public need for an improved, thorough and seamless public education
22 system for elementary and secondary education, education of the hearing or
23 visually impaired at participating in programs offered by the Idaho school for
24 the division of deaf and blind education, post-secondary postsecondary and
25 higher education and public libraries.
26 SECTION 20. That Section 33-4803, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-4803. DEFINITIONS. As used in this chapter:
29 (1) "Educational segments" are, individually, the public elementary and
30 secondary school system, the Idaho school for the division of deaf and blind
31 education, the professional-technical education system, the state library, the
32 state historical society, Idaho public television, the community colleges, the
33 four-year colleges and universities, the state department of education and the
34 office of the state board of education.
35 (2) "Libraries" means district, city, school/community libraries, and the
36 state library as described in chapters 25, 26 and 27, title 33, Idaho Code.
37 (3) "Technology" means all present and future forms of computer hardware,
38 computer software and services used or required for automated data processing,
39 computer-related office automation or telecommunications.
40 (4) "Telecommunications" means all present and future forms of hardware,
41 software or services used or required for transmitting voice, data, video or
42 images over a distance.
43 SECTION 21. That Section 33-4806, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 33-4806. PUBLIC SCHOOL TECHNOLOGY GRANTS. There is hereby established the
46 public school technology grant program, which shall make available grants for
47 schools to provide Idaho classrooms, including classrooms at the Idaho school
12
1 for the deaf and blind regional deaf education programs operating pursuant to
2 section 33-3409, Idaho Code, with the equipment and resources necessary to
3 integrate information age technology with instruction and to further connect
4 those classrooms with external telecommunications services. Grant applications
5 shall include a project plan that describes proposed equipment and software
6 purchases; how the proposed equipment and software will be used effectively in
7 the classroom; provision for training teachers to make optimal use of the
8 technology; provision for local matching funds as prescribed by the council;
9 and other elements as prescribed by the council.
10 SECTION 22. That Section 66-1106, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 66-1106. CHARITABLE INSTITUTIONS FUND -- TRANSFER OF MONEYS TO SEPARATE
13 FUNDS. Any and all moneys hereafter accruing to said charitable institutions
14 fund shall be forthwith transferred and credited to the following designated
15 funds in the following proportions, respectively, to wit:
16 To the Idaho Sstate Uuniversity fund, four-fifteenths (4/15) thereof;
17 To the Sstate Jjuvenile Ccorrections Iinstitutions fund, four-fifteenths
18 (4/15) thereof;
19 To the Sstate Hhospital Nnorth fund, four-fifteenths (4/15) thereof;
20 To the Ddivision of Vveterans Sservices fund, five-thirtieths (5/30)
21 thereof;
22 To the School for the Idaho division of dDeaf and Bblind education fund,
23 one-thirtieth (1/30) thereof.
24 SECTION 23. That Section 66-1107, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 66-1107. MONEYS CREDITED OR ACCRUING TO SPECIAL FUNDS -- EXCLUSIVE USE.
27 All moneys heretofore properly credited to or accruing to any special fund
28 heretofore created out of any portion of the expendable income from the land
29 grant of one hundred fifty thousand (150,000) acres aforesaid, for the support
30 or maintenance of the Idaho Sstate Uuniversity, the Sstate Jjuvenile
31 Ccorrections Ccenter, Sstate Hhospital Nnorth, Ddivision of Vv eterans Ss
32 ervices and the State School for the Idaho division of dDeaf and the Bblind
33 education, respectively, or any of such institutions, together with all funds
34 hereafter accruing under this act to the funds designated in section 66-1106,
35 Idaho Code, are hereby appropriated for the maintenance of said institutions,
36 respectively, and no portion of said funds shall be diverted to any other pur-
37 pose or transferred to any other fund: provided, that no provision hereof
38 shall be so construed as to preclude the state controller from correcting
39 errors in the apportionment of receipts or distribution of disbursements here-
40 tofore or hereafter erroneously credited or charged to any of such funds.
41 SECTION 24. That Section 66-1108, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 66-1108. SCHOOL FOR THE IDAHO DIVISION OF DEAF AND THE BLIND EDUCATION
44 FUND. Any and all funds heretofore accruing to the credit of the charitable
45 institutions fund on the books of the state controller and state treasurer and
46 not properly transferred or credited to funds known and designated as "Tthe
47 Aacademy of Idaho Ffund," "Tthe Idaho Ttechnical Iinstitute Ffund" or "Tthe
48 Ssouthern Bbranch of the Uuniversity of Idaho Ffund," "Tthe Idaho Iindustrial
49 Rreform Sschool Ffund" or "Tthe Idaho Iindustrial Ttraining Sschool Ffund,"
13
1 "Tthe Nnorthern Idaho Iinsane Aasylum Ffund" or "Tthe Nnorthern Idaho
2 Ssanitarium Ffund," "Tthe Ssoldiers' Hhome Ffund" and the "Sschool for the
3 Ddeaf and the Bblind Ffund" or the "Ddeaf and Bblind Sschool Ffund," shall be
4 transferred and credited to a special fund to be known as the "School for the
5 Idaho division of dDeaf and the Bblind education Ffund."
6 SECTION 25. That Section 67-7304, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-7304. COMPOSITION. (1) The council shall consist of nine (9) members
9 to be appointed by the governor.
10 (2) Membership shall be as follows: one (1) member shall be a deaf person
11 representing an association of the deaf, one (1) member shall be a deaf per-
12 son, one (1) member shall be the parent of a deaf child, one (1) member shall
13 be a hard of hearing member of a national hard of hearing consumer organiza-
14 tion, one (1) member shall be a hard of hearing person over the age of sixty
15 (60) years, one (1) member shall be the parent of a hard of hearing child, one
16 (1) member shall be an interpreter for the deaf, one (1) member shall be a
17 licensed physician, and one (1) member shall be an ASHA certified audiologist.
18 (3) The following shall serve as ex officio nonvoting members of the
19 council: a representative from each of the following: the Idaho school for the
20 division of deaf and blind education, the state department of education, the
21 division of vocational rehabilitation, the office on aging, the department of
22 health and welfare, the bureau of occupational licenses, the department of
23 employment, the public utilities commission, the consumer protection division
24 of the office of the attorney general, the Idaho hearing aid society, and the
25 director of the council for the deaf and hard of hearing.
26 (4) Due regard shall be given to balanced representation from geographi-
27 cal and demographic areas of the state for voting members of the council.
28 (5) Voting members of the council shall be compensated as provided in
29 section 59-509(b), Idaho Code.
30 SECTION 26. This act shall be in full force and effect on and after July
31 1, 2008.
STATEMENT OF PURPOSE
RS 16248
The purpose of this legislation is to provide a 21st century model for
the education of deaf and blind students in Idaho. The current
service offered at the Idaho School for the Deaf and the Blind (ISDB)
campus is a 19th century education model, in which an education is
provided at a residential campus, where students are separated from
their families and other neighborhood children. The popularity of
this model among parents of deaf and blind students has declined
significantly over time, to the point that enrollment today is barely
half of what it was a dozen years ago. This enrollment decline has
resulted in a rapidly growing cost per student, which stood at over
$82,000 per residential student in FY05, based on the study by the
Office of Performance Evaluations.
In addition to residential education, ISDB provides a modern day
program service for deaf and blind students living within a reasonable
bus ride of the school. Because day program students are able to
continue living at home, this service has proved to be more popular
with families of deaf and blind children, with approximately 40% of
the deaf and blind students in the day program area taking advantage
of it. The problem is that only 8% of the students in Idaho live
close enough to the ISDB campus to be able to participate as day
students.
This legislation will transform ISDB from a residential, campus-based
program to a regionally-based series of day programs, available to
over 80% of the deaf students in Idaho. This will enable deaf
students across Idaho to receive the more concentrated, specialized
programs of instruction that they need, without having to be separated
from their families. Blind students would be mainstreamed under this
proposal, with enhanced outreach and specialized Braille and
mobility training services offered by trained ISDB outreach staff.
FISCAL NOTE
It is estimated that the implementation of this legislation will
require an increase in the FY 2009 General Fund appropriation for
deaf and blind education of approximately $150,000.
Contact
Names: Rep. Henbest, Rep. Skippen, Sen. Lodge
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 821