2006 Legislation
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SENATE BILL NO. 1426 – School dist, consolidation

SENATE BILL NO. 1426

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S1426................................................by JUDICIARY AND RULES
SCHOOL DISTRICTS - CONSOLIDATION - Adds to and amends existing law to
provide recommendations on the number of school districts per county based
upon county population; to provide recommendations for consolidation; to
provide that any county designated as a joint school district's home county
must contain at least forty percent of the district's taxable property
value; to provide that if no single county comprises at least forty percent
of the district's taxable property value, then the county designated as the
home county shall be that county holding the largest share of the
district's taxable property value; to provide that school districts shall
be assigned divisors for the purposes of calculating administrative and
classified staff allowances as if the recommended school district
consolidations had taken place; and to provide that the number of public
charter schools that may be authorized to operate shall not exceed the
total number of school districts.
                                                                        
03/02    Senate intro - 1st rdg - to printing
03/03    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1426
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC SCHOOLS; AMENDING CHAPTER 3, TITLE 33, IDAHO  CODE,  BY
  3        THE  ADDITION OF A NEW SECTION 33-310C, IDAHO CODE, TO PROVIDE RECOMMENDA-
  4        TIONS ON THE NUMBER OF SCHOOL DISTRICTS BASED IN A COUNTY BASED UPON POPU-
  5        LATION OF THE COUNTY AND TO  PROVIDE  RECOMMENDATIONS  FOR  CONSOLIDATION;
  6        AMENDING SECTION 33-304, IDAHO CODE, TO PROVIDE THAT ANY COUNTY DESIGNATED
  7        AS  A JOINT SCHOOL DISTRICT'S HOME COUNTY MUST CONTAIN AT LEAST FORTY PER-
  8        CENT OF THE DISTRICT'S TAXABLE PROPERTY VALUE AND TO PROVIDE  THAT  IF  NO
  9        SINGLE  COUNTY  COMPRISES AT LEAST FORTY PERCENT OF THE DISTRICT'S TAXABLE
 10        PROPERTY VALUE, THEN THE COUNTY DESIGNATED AS THE  HOME  COUNTY  SHALL  BE
 11        THAT  COUNTY  HOLDING THE LARGEST SHARE OF THE DISTRICT'S TAXABLE PROPERTY
 12        VALUE; AMENDING SECTION 33-1002, IDAHO CODE, TO PROVIDE THAT  SCHOOL  DIS-
 13        TRICTS SHALL BE ASSIGNED DIVISORS FOR THE PURPOSES OF CALCULATING ADMINIS-
 14        TRATIVE  AND CLASSIFIED STAFF ALLOWANCES AS IF THE RECOMMENDED SCHOOL DIS-
 15        TRICT CONSOLIDATIONS  HAD TAKEN PLACE; AND AMENDING SECTION 33-5203, IDAHO
 16        CODE, TO PROVIDE THAT THE NUMBER OF PUBLIC CHARTER  SCHOOLS  THAT  MAY  BE
 17        AUTHORIZED  TO  OPERATE,  IN  TOTAL,  SHALL NOT EXCEED THE TOTAL NUMBER OF
 18        SCHOOL DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Chapter 3, Title 33, Idaho Code,  be,  and  the  same  is
 21    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 22    ignated as Section 33-310C, Idaho Code, and to read as follows:
                                                                        
 23        33-310C.  SCHOOL DISTRICTS BASED IN A COUNTY. (1) It is  recommended  that
 24    the  number of school districts based in a county, including, for the purposes
 25    of this section, any joint school districts designating a county as  its  home
 26    county,  but  not  including elementary school districts, should be limited to
 27    the following:
 28        (a)  Counties with a population in the most recent decennial United States
 29        census of less than nine thousand, nine hundred  (9,900)  should  have  no
 30        more than one (1) school district based in the county;
 31        (b)  Counties with a population in the most recent decennial United States
 32        census  of  at  least  nine  thousand,  nine hundred (9,900) but less than
 33        twenty-five thousand (25,000) should have no more than two (2) school dis-
 34        tricts based in the county;
 35        (c)  Counties with a population in the most recent decennial United States
 36        census of at least twenty-five thousand (25,000) but less than one hundred
 37        thousand (100,000) should have no more than  three  (3)  school  districts
 38        based in the county;
 39        (d)  Counties with a population in the most recent decennial United States
 40        census of at least one hundred thousand (100,000) should have no more than
 41        four (4) school districts based in the county.
 42        (2)  If  the  number  of  school  districts  based in a county exceeds the
 43    amount recommended by subsection (1) of this section, school districts  should
                                                                        
                                           2
                                                                        
  1    consolidate as follows:
  2        (a)  Based  on the most recent available figures from the state department
  3        of education, the school district with the smallest fall enrollment should
  4        be consolidated with the next smallest school district within  the  county
  5        with which it shares an adjacent border, including corner borders;
  6        (b)  If,  following  this  first  consolidation, the number of school dis-
  7        tricts in a county still exceeds the amount recommended by subsection  (1)
  8        of  this  section, step one should be repeated, as often as necessary with
  9        any districts consolidated under step one now being included in the calcu-
 10        lation as a single school district, comprised of the combined fall enroll-
 11        ment figures of the two (2) or more previously separate districts.
 12        (c)  School district consolidations recommended  by  this  section  should
 13        take  place  and  become  effective no later than July 1 in the second odd
 14        numbered year after each decennial United States census.
 15        (d)  New school district deconsolidations that would be allowed under  the
 16        recommendations of this section as a result of new decennial United States
 17        census  information  should  take  place and become effective beginning on
 18        July 1 in the second odd numbered year after each decennial United  States
 19        census.
                                                                        
 20        SECTION  2.  That  Section  33-304, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        33-304.  JOINT SCHOOL DISTRICTS. In any joint district, the duties imposed
 23    upon, and the records required to be kept by, the county commissioners or  any
 24    other county officer, in respect to school districts, including the assessment
 25    of  taxable property and the levying of and collection of taxes, shall be per-
 26    formed or kept by the commissioners and other county officers in  each  county
 27    in  which  the  district  lies  as  though the portion of the district in each
 28    county were a separate district therein.
 29        One (1) of the counties in which a joint district lies shall be  the  home
 30    county  of  the  district,  provided  however, that any county designated as a
 31    joint school district's home county must contain at least forty percent  (40%)
 32    of  the  district's  taxable  property value. If no single county comprises at
 33    least forty percent (40%) of the district's taxable property value,  then  the
 34    county  designated as the home county shall be that county holding the largest
 35    share of the district's taxable property value.
 36        When a joint district is created by the division of a county,  or  through
 37    the  annexation of any territory by the state board of education, the board of
 38    trustees of such district shall designate its  home  county  and  give  notice
 39    thereof to the state board of education and to the board of county commission-
 40    ers in each county in which the district lies.
                                                                        
 41        SECTION  3.  That  Section 33-1002, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        33-1002.  EDUCATIONAL SUPPORT PROGRAM. The educational support program  is
 44    calculated as follows:
 45        1.  State  Educational Support Funds. Add the state appropriation, includ-
 46    ing the moneys available in the public school income fund, together  with  all
 47    miscellaneous revenues to determine the total state funds.
 48        2.  From  the  total state funds subtract the following amounts needed for
 49    state support of special programs provided by a school district:
 50        a.  Pupil tuition-equivalency allowances as provided in section  33-1002B,
 51        Idaho Code;
                                                                        
                                           3
                                                                        
  1        b.  Transportation  support  program as provided in section 33-1006, Idaho
  2        Code;
  3        c.  Feasibility studies allowance as provided in section  33-1007A,  Idaho
  4        Code;
  5        d.  The  approved costs for border district allowance, provided in section
  6        33-1403, Idaho Code, as determined by the state superintendent  of  public
  7        instruction;
  8        e.  The  approved costs for exceptional child approved contract allowance,
  9        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
 10        the state superintendent of public instruction;
 11        f.  Certain expectant and delivered mothers allowance as provided in  sec-
 12        tion 33-2006, Idaho Code;
 13        g.  Salary-based  apportionment calculated as provided in sections 33-1004
 14        through 33-1004F, Idaho Code;
 15        h.  Unemployment insurance benefit payments according to the provisions of
 16        section 72-1349A, Idaho Code;
 17        i.  For expenditure as provided by the public school technology program;
 18        j.  For the support of provisions that provide a safe  environment  condu-
 19        cive  to student learning and maintain classroom discipline, an allocation
 20        of $300 per support unit; and
 21        k.  Any additional amounts as required by statute to effect administrative
 22        adjustments or as specifically required by the provisions of any  bill  of
 23        appropriation;
 24    to secure the state educational support funds.
 25        3.  Local  Districts'  Contribution  Calculation.  Without  including  any
 26    allowance  as a credit for prepaid taxes as provided by section 63-1607, Idaho
 27    Code, the local districts' contribution shall be the amount appropriated  pur-
 28    suant  to section 33-1002D, Idaho Code, plus three-tenths percent (.3%) during
 29    fiscal year 2003-04 and each year thereafter, of the total state adjusted mar-
 30    ket value for assessment purposes for the previous year with such value  being
 31    determined  by  the  provisions of section 63-315, Idaho Code, and four-tenths
 32    percent (.4%) during fiscal year 1994-95 and  each  year  thereafter,  of  the
 33    cooperative  electrical  associations'  property values that have been derived
 34    from the taxes paid in lieu of ad valorem taxes for the previous year as  pro-
 35    vided in section 63-3502, Idaho Code.
 36        4.  Educational  Support  Program  Distribution  Funds. Add the local dis-
 37    tricts' contribution, subsection 3. of this section, and the state educational
 38    support program funds, subsection 1. of this section, together to  secure  the
 39    total educational support program distribution funds.
 40        5.  Average  Daily  Attendance.  The  total state average daily attendance
 41    shall be the sum of the average daily attendance of all  of  the  school  dis-
 42    tricts  of  the state. The state board of education shall establish rules set-
 43    ting forth the procedure to determine average daily attendance  and  the  time
 44    for, and method of, submission of such report. Average daily attendance calcu-
 45    lation  shall  be carried out to the nearest hundredth. Computation of average
 46    daily attendance shall also be governed by the provisions of section 33-1003A,
 47    Idaho Code.
 48        6.  Support Units. The total state support units shall  be  determined  by
 49    using  the tables set out hereafter called computation of kindergarten support
 50    units, computation of elementary support units, computation of secondary  sup-
 51    port  units,  computation of exceptional education support units, and computa-
 52    tion of alternative school secondary support units. For the purposes  of  uti-
 53    lizing  the divisors, but not the minimum unit allowances, in this subsection,
 54    beginning in fiscal year 2008, school districts shall be assigned divisors for
 55    the purposes of calculating administrative and  classified  staff  allowances,
                                                                        
                                           4
                                                                        
  1    pursuant  to section 33-1004, Idaho Code, as if the school district consolida-
  2    tions recommended by section 33-310C, Idaho Code, had taken place. The sum  of
  3    all  of  the total support units of all school districts of the state shall be
  4    the total state support units.
                                                                        
  5                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
  6    Average Daily
  7    Attendance            Attendance Divisor         Units Allowed
  8    41 or more     ....   40.......................  1 or more as computed
  9    31 -  40.99 ADA....    -.......................  1
 10    26 -  30.99 ADA....    -.......................   .85
 11    21 -  25.99 ADA....    -.......................   .75
 12    16 -  20.99 ADA....    -.......................   .6
 13     8 -  15.99 ADA....    -.......................   .5
 14     1 -   7.99 ADA....    -.......................  count as elementary
                                                                        
 15                       COMPUTATION OF ELEMENTARY SUPPORT UNITS
 16    Average Daily
 17    Attendance            Attendance Divisor         Minimum Units Allowed
 18    300 or more ADA........................................  15
 19                        ..23...grades 4,5 & 6....
 20                        ..22...grades 1,2 & 3....1994-95
 21                        ..21...grades 1,2 & 3....1995-96
 22                        ..20...grades 1,2 & 3....1996-97
 23                              and each year thereafter.
 24    160   to  299.99 ADA... 20.....................         8.4
 25    110   to  159.99 ADA... 19.....................         6.8
 26     71.1 to  109.99 ADA... 16.....................         4.7
 27     51.7 to   71.0  ADA... 15.....................         4.0
 28     33.6 to   51.6  ADA... 13.....................         2.8
 29     16.6 to   33.5  ADA... 12.....................         1.4
 30      1.0 to   16.5  ADA... n/a....................         1.0
                                                                        
 31                        COMPUTATION OF SECONDARY SUPPORT UNITS
 32    Average Daily
 33    Attendance            Attendance Divisor         Minimum Units Allowed
 34    750 or more      .... 18.5.....................        47
 35    400 -  749.99 ADA.... 16.......................        28
 36    300 -  399.99 ADA.... 14.5.....................        22
 37    200 -  299.99 ADA.... 13.5.....................        17
 38    100 -  199.99 ADA.... 12.......................         9
 39     99.99 or fewer       Units allowed as follows:
 40             Grades 7-12  .........................         8
 41             Grades 9-12  .........................         6
 42             Grades 7- 9  .........................         1 per 14 ADA
 43             Grades 7- 8  .........................         1 per 16 ADA
                                                                        
 44                  COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
 45    Average Daily
 46    Attendance            Attendance Divisor         Minimum Units Allowed
 47    14 or more ....       14.5.....................  1 or more as computed
 48    12 -  13.99....        -.......................  1
 49     8 -  11.99....        -.......................   .75
 50     4 -   7.99....        -.......................   .5
 51     1 -   3.99....        -.......................   .25
                                                                        
                                           5
                                                                        
  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
 54        state  distribution  factor  per  support unit and to this product add the
                                                                        
                                           6
                                                                        
  1        approved amount of programs of the district provided in subsection  2.  of
  2        this  section to secure the district's total allowance for the educational
  3        support program.
  4        d.  District Share. To secure the district's share of state apportionment,
  5        subtract the amount of the local district contribution  calculation,  sub-
  6        section  3.  of this section, from the amount of the total district allow-
  7        ance, subsection 8.c. of this section.
  8        e.  Adjustment of District Share. The contract salary of every noncertifi-
  9        cated teacher shall be subtracted from the district's share as  calculated
 10        from the provisions of subsection 8.d. of this section.
                                                                        
 11        SECTION  4.  That  Section 33-5203, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-5203.  AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
 14    schools is hereby authorized. Public charter schools  shall  be  part  of  the
 15    state's program of public education.
 16        (2)  The  number of public charter schools that may be authorized to oper-
 17    ate, in total, shall not exceed the total number of school districts. The num-
 18    ber of new public charter schools which may begin educational  instruction  in
 19    any one (1) school year shall be limited in number in accordance with the fol-
 20    lowing:
 21        (a)  Not  more  than  six  (6) new public charter schools may begin educa-
 22        tional instruction in any one (1) school year, and
 23        (b)  Not more than one (1) new public charter school may begin educational
 24        instruction that is physically located within any one (1) school  district
 25        in any one (1) school year, and
 26        (c)  No  whole  school  district may be converted to a charter district or
 27        any configuration which includes all schools as  public  charter  schools,
 28        and
 29        (d)  Public  virtual charter schools approved by the public charter school
 30        commission are not included in paragraph (b) of this subsection, and
 31        (e)  The transfer of a charter for a school already authorized pursuant to
 32        section 33-5205A, Idaho Code, is not included in the limit on  the  annual
 33        number of public charter schools approved to begin educational instruction
 34        in any given school year as set forth in paragraph (a) of this subsection,
 35        and
 36        (f)  A  petition  must  be  received  by the initial authorized chartering
 37        entity no later than September 1 to be eligible to begin  instruction  the
 38        first complete school year following receipt of the petition., and
 39        (dg)  To  begin operations, a newly-chartered public school must be autho-
 40        rized by no later than January 1 of the previous school year.
 41        (3)  A public charter school may be formed either by creating a new public
 42    charter school, which charter may be approved  by  any  authorized  chartering
 43    entity,  or  by  converting  an existing traditional public school to a public
 44    charter school, which charter may only be approved by the board of trustees of
 45    the school district in which the existing public school is located.
 46        (4)  No charter shall be approved under this chapter:
 47        (a)  Which provides for the conversion of any existing  private  or  paro-
 48        chial school to a public charter school.
 49        (b)  To  a  for-profit  entity  or  any school which is operated by a for-
 50        profit entity, provided however, nothing herein shall prevent the board of
 51        directors of a public charter school from legally  contracting  with  for-
 52        profit  entities for the provision of products or services that aid in the
 53        operation of the school.
                                                                        
                                           7
                                                                        
  1        (c)  By the board of trustees of a school district if the  public  charter
  2        school's  physical  location  is outside the boundaries of the authorizing
  3        school district. The limitation provided in this  subsection  (4)(c)  does
  4        not apply to a home-based public virtual school.
  5        (5)  A public virtual school charter may be approved by the public charter
  6    school  commission.  In  addition, a charter may also be approved by the state
  7    board of education pursuant to section 33-5207(5)(b), Idaho Code.
  8        (6)  The state board of education shall adopt rules, subject  to  law,  to
  9    establish  a  consistent  application  and review process for the approval and
 10    maintenance of all public charter schools.
 11        (7)  The state board of education shall be responsible to designate  those
 12    public  charter  schools  that  will be identified as a local education agency
 13    (LEA) as such term is defined in 34 CFR 300.18; however, only  public  charter
 14    schools  chartered  by  the  board  of  trustees  of  a school district may be
 15    included in that district's LEA.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16064

This legislation provides a path for encouraging smaller school
districts within a county to combine their operations, improve
delivery of education and reduce administrative costs.
If all public school districts follow the recommendations of this
law, it will have the effect of reducing the total number of
public school districts from 114 to 80.
This legislation does not require the consolidation of public
school districts, however, it does require recalculation of each
public school district's support unit based on the
recommendations of the law.
For those districts who choose to consolidate, they will continue 
to receive the increased funding provided smaller school
districts for seven years.  This increased funding will continue
even though their administrative costs resulting from
consolidation will decline.



                              FISCAL NOTE

No fiscal impact to the State.  If the local school districts
affected by the recommendations of this legislation do not choose
to consolidate, any money saved would remain in the Public
Schools budget, and would be available for future reallocation to
all school districts.
Not all of the school districts affected, however, would receive
less money.  If the districts are geographically distant from
each other, the districts will qualify under the "separate
school" provisions of Idaho Code, allowing the districts to
continue to receive the higher levels of funding currently
enjoyed.
If the affected local school districts consolidate, they would
receive the benefit of Section 33-1007A, Idaho Code, which allows
a consolidated school district to continue to receive the higher
levels of state support that the formerly separate districts
received, for a period of seven years.  As a result, such a
consolidated district would be able to realize the administrative
cost savings and efficiencies inherent in consolidation, but
would continue to enjoy the higher funding levels of smaller
districts, for a period of seven years.




Contact
Name: Senator Hal Bunderson 
Phone: (208) 332-1320
Name: Representative Jack Barraclough
Phone: (208) 332-1213



STATEMENT OF PURPOSE/FISCAL NOTE                         S1426