2007 Legislation
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SENATE BILL NO. 1139 – Educational support/add’l students

SENATE BILL NO. 1139

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Bill Status



S1139..........................................................by EDUCATION
EDUCATIONAL SUPPORT PROGRAM - Adds to existing law relating to the
educational support program to specify special programs which qualify for
state support; and to provide an additional distribution of funds to
qualifying school districts based on increases in student population
accruing after the first Monday in November.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Educ
02/27    Rpt out - to 14th Ord
03/01    Rpt out - w/o amen - Ret'd to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1139
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EDUCATIONAL SUPPORT PROGRAM; AMENDING SECTION  33-1002,  IDAHO
  3        CODE,  TO  SPECIFY  SPECIAL  PROGRAMS WHICH QUALIFY FOR STATE SUPPORT; AND
  4        AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
  5        TION  33-1004H, IDAHO CODE, TO PROVIDE AN ADDITIONAL DISTRIBUTION OF FUNDS
  6        TO QUALIFYING SCHOOL DISTRICTS BASED ON INCREASES  IN  STUDENT  POPULATION
  7        ACCRUING AFTER THE FIRST FRIDAY IN NOVEMBER.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 33-1002, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-1002.  EDUCATIONAL SUPPORT PROGRAM. The educational support program  is
 12    calculated as follows:
 13        (1)  State Educational Support Funds. Add the state appropriation, includ-
 14    ing  the moneys available in the public school income fund,  together with all
 15    miscellaneous revenues to determine the total state funds.
 16        (2)  From the total state funds subtract the following amounts needed  for
 17    state support of special programs provided by a school district:
 18        (a)  Pupil tuition-equivalency allowances as provided in section 33-1002B,
 19        Idaho Code;
 20        (b)  Transportation  support program as provided in section 33-1006, Idaho
 21        Code;
 22        (c)  Feasibility studies allowance as provided in section 33-1007A,  Idaho
 23        Code;
 24        (d)  The approved costs for border district allowance, provided in section
 25        33-1403,  Idaho  Code, as determined by the state superintendent of public
 26        instruction;
 27        (e)  The approved costs for exceptional child approved contract allowance,
 28        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
 29        the state superintendent of public instruction;
 30        (f)  Certain expectant and delivered mothers allowance as provided in sec-
 31        tion 33-2006, Idaho Code;
 32        (g)  Salary-based apportionment calculated as provided in sections 33-1004
 33        through 33-1004F, Idaho Code;
 34        (h)  Early retirement incentive payments as provided in section  33-1004G,
 35        Idaho Code;
 36        (i)  Adjustment  for  increases  in  school district student population as
 37        provided in section 33-1004H, Idaho Code;
 38        (j)  Unemployment insurance benefit payments according to  the  provisions
 39        of section 72-1349A, Idaho Code;
 40        (ik)  For expenditure as provided by the public school technology program;
 41        (jl)  For the support of provisions that provide a safe environment condu-
 42        cive  to student learning and maintain classroom discipline, an allocation
 43        of $300 per support unit; and
                                                                        
                                       2
                                                                        
  1        (km)  Any additional amounts as required by statute to effect  administra-
  2        tive adjustments or as specifically required by the provisions of any bill
  3        of appropriation;
  4    to secure the total educational support distribution funds.
  5        (3)  Average  Daily  Attendance.  The total state average daily attendance
  6    shall be the sum of the average daily attendance of all  of  the  school  dis-
  7    tricts  of  the state. The state board of education shall establish rules set-
  8    ting forth the procedure to determine average  daily attendance and  the  time
  9    for, and method of, submission of such report. Average daily attendance calcu-
 10    lation  shall  be carried out to the nearest hundredth. Computation of average
 11    daily attendance shall also be governed by the provisions of section 33-1003A,
 12    Idaho Code.
 13        (4)  Support Units. The total state support units shall be  determined  by
 14    using  the tables set out hereafter called computation of kindergarten support
 15    units, computation of elementary support units, computation of secondary  sup-
 16    port  units,  computation of exceptional education support units, and computa-
 17    tion of alternative school secondary support units. The  sum  of  all  of  the
 18    total  support  units  of all school districts of the state shall be the total
 19    state support units.
 20                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
 21    Average Daily
 22    Attendance            Attendance Divisor         Units Allowed
 23    41 or more     ....   40.......................  1 or more as computed
 24    31 -  40.99 ADA....    -.......................  1
 25    26 -  30.99 ADA....    -.......................   .85
 26    21 -  25.99 ADA....    -.......................   .75
 27    16 -  20.99 ADA....    -.......................   .6
 28     8 -  15.99 ADA....    -.......................   .5
 29     1 -   7.99 ADA....    -.......................  count as elementary
                                                                        
 30                       COMPUTATION OF ELEMENTARY SUPPORT UNITS
 31    Average Daily
 32    Attendance            Attendance Divisor         Minimum Units Allowed
 33    300 or more ADA........................................  15
 34                        ..23...grades 4,5 & 6....
 35                        ..22...grades 1,2 & 3....1994-95
 36                        ..21...grades 1,2 & 3....1995-96
 37                        ..20...grades 1,2 & 3....1996-97
 38                              and each year thereafter.
 39    160   to  299.99 ADA... 20.....................         8.4
 40    110   to  159.99 ADA... 19.....................         6.8
 41     71.1 to  109.99 ADA... 16.....................         4.7
 42     51.7 to   71.0  ADA... 15.....................         4.0
 43     33.6 to   51.6  ADA... 13.....................         2.8
 44     16.6 to   33.5  ADA... 12.....................         1.4
 45      1.0 to   16.5  ADA... n/a....................         1.0
                                                                        
 46                        COMPUTATION OF SECONDARY SUPPORT UNITS
 47    Average Daily
 48    Attendance            Attendance Divisor         Minimum Units Allowed
 49    750 or more      .... 18.5.....................        47
 50    400 -  749.99 ADA.... 16.......................        28
 51    300 -  399.99 ADA.... 14.5.....................        22
 52    200 -  299.99 ADA.... 13.5.....................        17
 53    100 -  199.99 ADA.... 12.......................         9
                                                                        
                                       3
                                                                        
  1     99.99 or fewer       Units allowed as follows:
  2             Grades 7-12  .........................         8
  3             Grades 9-12  .........................         6
  4             Grades 7- 9  .........................         1 per 14 ADA
  5             Grades 7- 8  .........................         1 per 16 ADA
                                                                        
  6                  COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
  7    Average Daily
  8    Attendance            Attendance Divisor         Minimum Units Allowed
  9    14 or more ....       14.5.....................  1 or more as computed
 10    12 -  13.99....        -.......................  1
 11     8 -  11.99....        -.......................   .75
 12     4 -   7.99....        -.......................   .5
 13     1 -   3.99....        -.......................   .25
                                                                        
 14              COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
 15    Pupils in Attendance  Attendance Divisor         Minimum Units Allowed
 16    12 or more..........  12......................   1 or more as computed
                                                                        
 17        In applying these tables to any given separate attendance unit, no  school
 18    district  shall  receive  less  total  money than it would receive if it had a
 19    lesser average daily attendance in such separate attendance unit. In  applying
 20    the  kindergarten  table  to  a  kindergarten program of less days than a full
 21    school year, the support unit allowance shall be in ratio  to  the  number  of
 22    days  of a full school year. The tables for exceptional education and alterna-
 23    tive school secondary support units shall  be  applicable  only  for  programs
 24    approved  by  the state department of education following rules established by
 25    the state board of education. Moneys generated  from  computation  of  support
 26    units  for  alternative  schools shall be utilized for alternative school pro-
 27    grams. School district administrative and facility costs may  be  included  as
 28    part of the alternative school expenditures.
 29        (5)  State  Distribution  Factor per Support Unit. Divide educational sup-
 30    port program distribution funds, after subtracting the  amounts  necessary  to
 31    pay  the obligations specified in subsection (2) of this section, by the total
 32    state support units to secure the state distribution factor per support unit.
 33        (6)  District Support Units. The number of support units for  each  school
 34    district in the state shall be determined as follows:
 35        (a)  (i)   Divide  the actual average daily attendance, excluding students
 36             approved for inclusion in the exceptional child educational  program,
 37             for  the  administrative schools and each of the separate schools and
 38             attendance units by the appropriate divisor from the tables  of  sup-
 39             port  units  in  this  section,  then add the quotients to obtain the
 40             district's support units allowance for regular students, kindergarten
 41             through grade 12 including  alternative  school  secondary  students.
 42             Calculations  in  application of this subsection shall be carried out
 43             to the nearest tenth.
 44             (ii)  Divide the combined totals of the average daily  attendance  of
 45             all  preschool,  handicapped, kindergarten, elementary, secondary and
 46             juvenile detention center students  approved  for  inclusion  in  the
 47             exceptional  child program of the district by the appropriate divisor
 48             from the table for computation of exceptional education support units
 49             to obtain the number of support  units  allowed  for  the  district's
 50             approved  exceptional child program. Calculations for this subsection
 51             shall be carried out to the nearest tenth when more than one (1) unit
 52             is allowed.
                                                                        
                                       4
                                                                        
  1             (iii) The total number of support units of the district shall be  the
  2             sum  of  the  total  support  units  for regular students, subsection
  3             (6)(a)(i) of this section, and the support units  allowance  for  the
  4             approved  exceptional  child  program,  subsection (6)(a)(ii) of this
  5             section.
  6        (b)  Total District Allowance Educational Program. Multiply the district's
  7        total number of support units, carried out to the nearest  tenth,  by  the
  8        state  distribution  factor  per  support unit and to this product add the
  9        approved amount of programs of the district provided in subsection (2)  of
 10        this  section to secure the district's total allowance for the educational
 11        support program.
 12        (c)  District Share. The district's share of state  apportionment  is  the
 13        amount of the total district allowance, subsection (6)(b) of this section.
 14        (d)  Adjustment  of District Share. The contract salary of every noncerti-
 15        ficated teacher shall be subtracted from the district's  share  as  calcu-
 16        lated from the provisions of subsection (6)(c) of this section.
 17        (7)  Property  Tax Computation Ratio. In order to receive state funds pur-
 18    suant to this section a charter district shall utilize  a  school  maintenance
 19    and  operation  property  tax computation ratio for the purpose of calculating
 20    its maintenance and operation levy, that is no greater than that which it uti-
 21    lized in tax year 1994, less four-tenths of one percent (.4%). As used herein,
 22    the term "property tax computation ratio" shall mean  a  ratio  determined  by
 23    dividing  the district's certified property tax maintenance and operation bud-
 24    get by the actual or adjusted market value for  assessment  purposes  as  such
 25    values existed on December 31, l993. Such maintenance and operation levy shall
 26    be  based  on  the  property tax computation ratio multiplied by the actual or
 27    adjusted market value for assessment purposes as such values existed on Decem-
 28    ber 31 of the prior calendar year.
                                                                        
 29        SECTION 2.  That Chapter 10, Title 33, Idaho Code, be,  and  the  same  is
 30    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 31    ignated as Section 33-1004H, Idaho Code, and to read as follows:
                                                                        
 32        33-1004H.  ADJUSTMENT FOR INCREASES IN SCHOOL DISTRICT STUDENT POPULATION.
 33    (1)  Salary-based apportionment calculations based on average daily attendance
 34    through the first Friday in November do not reflect significant  increases  in
 35    school  district student populations which may occur after the first Friday in
 36    November. In order for a school district to receive additional revenues  based
 37    on  increases in average daily attendance accruing through the third reporting
 38    period of a fiscal year, the state department of  education  shall  distribute
 39    funds to any school district which meets both of the following criteria:
 40        (a)  The  number  of  enrolled  students  in the third reporting period is
 41        greater than the number  of  enrolled  students  in  the  first  reporting
 42        period; and
 43        (b)  The number of support units generated from the best twenty-eight (28)
 44        weeks  of  average  daily attendance is greater than the number of support
 45        units generated from the first reporting period.
 46        (2)  Any school district meeting the criteria in paragraphs (a) and (b) of
 47    subsection (1) of this section shall receive a distribution equal to the  dif-
 48    ference in support units calculated in paragraph (b) of subsection (1) of this
 49    section,  multiplied by the statewide average salary-based apportionment funds
 50    per support unit, inclusive of all state paid employee  benefits.  Such  funds
 51    shall be distributed as part of the final distribution of each fiscal year.
 52        (3)  Funds  so distributed shall only be used to defray one (1) or more of
 53    the following costs incurred after the first Friday in November of the  fiscal
                                                                        
                                       5
                                                                        
  1    year for which the distribution is made:
  2        (a)  Hiring  additional certificated instructional staff or increasing the
  3        paid weekly hours of such staff, if such staff were part-time;
  4        (b)  Hiring additional teacher's aides or increasing the weekly  hours  of
  5        such staff, if such staff were part-time;
  6        (c)  Purchasing equipment and materials for new students;
  7        (d)  Providing  new facilities to accommodate increases in student popula-
  8        tions; or
  9        (e)  Expanding or altering existing facilities to accommodate increases in
 10        student populations.
 11        (4)  In the event a school district qualifies for and receives a distribu-
 12    tion under the provisions of this section, but such district  does  not  incur
 13    costs  which qualify for expenditure of the revenues so distributed, such dis-
 14    trict may carry over the funds into future fiscal years, to be used  for  one-
 15    time costs associated with increases in student populations.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                          RS 16991
                              
                              
The purpose of this legislation is to resolve a funding 
gap that exists in the public schools funding formula for 
growing school districts and charter schools that continue 
to add students throughout the school year. The salary-based 
apportionment formula, which provides the bulk of state funding 
for public schools, and which is based, in part, on average 
daily attendance, only provides funding for those students 
attending school through the first Friday in November. This 
cut-off date allows the state Department of Education time to 
compile the data and calculate the formula payments. And while 
fast-growing districts and charters that continue to add new 
students throughout the year will receive funding for those 
students from the discretionary funds portion of the formula, 
no additional salary-based apportionment funds are provided for 
students that enroll after the first Friday in November.
  
This legislation provides for an additional distribution of funds 
for districts and charters that increase enrollment and average 
daily attendance after the first Friday in November. The distribution 
would be equal to the salary-based apportionment funds that would have
been distributed, had the additional students been included. This 
money is to be used to defray costs associated with any facilities, 
equipment, supplies or additional staffing costs associated with enrolling 
additional students after the first Friday in November.
  
  
                       FISCAL IMPACT
                              
Based on FY 2006 data, it is estimated that this legislation will 
require an additional $600,000 be appropriated to Public Schools.
  
  

  
Contact
Name:  Senator Patti Anne Lodge
Phone:  (208) 332-1319
  
     
                                                     S 1139