2007 Legislation
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SENATE BILL NO. 1237 – Approp/Public School/Childrens Prog

SENATE BILL NO. 1237

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Bill Status



S1237............................................................by FINANCE
APPROPRIATIONS - PUBLIC SCHOOLS - CHILDREN'S PROGRAMS - Provides a
description of the Division of Children's Programs; appropriates
$166,468,100 to the Public School Income Fund/Division of Children's
Programs for fiscal year 2008; provides for expenditures regarding moneys
received pursuant to Sections 63-2506, 63-2552A and 67-7439, Idaho Code;
provides for allocation of moneys and requirements for the Idaho Safe and
Drug-Free Schools Program; provides intent that the Idaho Safe and
Drug-Free Schools Program must include certain features; provides for
expenditures for literacy programs; provides for expenditures for early
math education programs; provides for expenditures for students with
non-English or limited-English proficiency; provides legislative intent
regarding assistance to students failing to achieve proficiency in areas of
the Idaho Standards Achievement Test; amends and adds to existing law to
provide for distributions to the Idaho Digital Learning Academy, to provide
a funding formula for the Idaho Digital Learning Academy and to provide use
of the funds; and grants authority to transfer funds between the five
divisions of the Educational Support Program budget.

03/16    Senate intro - 1st rdg - to printing
03/19    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/27    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword,
      Burkett(Cronin), Cameron, Coiner, Corder, Darrington, Davis, Fulcher,
      Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly,
      Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk(Douglas)
      NAYS -- None
      Absent and excused -- McKenzie, Pearce
    Floor Sponsor - Bair
    Title apvd - to House
03/27    House intro - 1st rdg - to 2nd rdg
    Rls susp - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Crane, Edmunson, Eskridge, Hart, Harwood, Henbest, Henderson,
      Jaquet, Killen, King, Kren, Labrador, LeFavour, Loertscher, Luker,
      Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
      Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Collins, Durst, Hagedorn, Lake
    Floor Sponsor - Bayer
    Title apvd - to Senate
03/28    To enrol - Rpt enrol - Pres signed - Sp signed
    To Governor
04/02    Governor signed
         Session Law Chapter 353
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1237
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE APPROPRIATION FOR THE PUBLIC SCHOOLS  DIVISION  OF  CHILDREN'S
  3        PROGRAMS;  PROVIDING  A  DESCRIPTION  OF  THE  PUBLIC  SCHOOLS DIVISION OF
  4        CHILDREN'S PROGRAMS AND PROVIDING THE AMOUNTS TO BE EXPENDED;  APPROPRIAT-
  5        ING  GENERAL  FUND  MONEYS  FOR TRANSFER TO THE PUBLIC SCHOOL INCOME FUND;
  6        APPROPRIATING  MONEYS  TO  THE  EDUCATIONAL  SUPPORT  PROGRAM/DIVISION  OF
  7        CHILDREN'S PROGRAMS FOR FISCAL YEAR 2008; DIRECTING THAT $7,000,000 OF THE
  8        MONEYS ACCRUING PURSUANT TO SECTIONS 63-2506 AND 63-2552A, IDAHO CODE, AND
  9        SUCH OTHER MONEYS WHICH MAY BECOME AVAILABLE PURSUANT TO SECTION  63-7439,
 10        IDAHO  CODE, BE EXPENDED FOR THE IDAHO SAFE AND DRUG-FREE SCHOOLS PROGRAM;
 11        DIRECTING THE DISTRIBUTION OF FUNDS  FOR  THE  IDAHO  SAFE  AND  DRUG-FREE
 12        SCHOOLS  PROGRAM; EXPRESSING LEGISLATIVE INTENT WITH REGARD TO FEATURES OF
 13        THE IDAHO SAFE AND DRUG-FREE SCHOOLS PROGRAM; DIRECTING THAT $2,800,000 BE
 14        USED FOR THE LITERACY PROGRAMS AND EXPRESSING LEGISLATIVE INTENT THAT  THE
 15        STATE  DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION COORDINATE
 16        CERTAIN PROGRAMS; DIRECTING THAT $350,000 BE ALLOCATED TO DEVELOP AN EARLY
 17        MATH EDUCATION PROGRAM; DIRECTING THAT $6,040,000 BE  ALLOCATED  FOR  PRO-
 18        GRAMS  FOR  STUDENTS  WITH  NON-ENGLISH  OR  LIMITED-ENGLISH  PROFICIENCY;
 19        DIRECTING THAT $5,000,000 BE DISTRIBUTED TO PROVIDE REMEDIAL EDUCATION FOR
 20        CERTAIN STUDENTS AND REQUIRING A LOCAL EXPENDITURE MATCH; AMENDING SECTION
 21        33-1002,  IDAHO  CODE,  TO  PROVIDE FOR DISTRIBUTIONS TO THE IDAHO DIGITAL
 22        LEARNING ACADEMY; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE  ADDI-
 23        TION  OF  A  NEW SECTION 33-1020, IDAHO CODE, TO PROVIDE A FUNDING FORMULA
 24        FOR THE IDAHO DIGITAL LEARNING ACADEMY; AMENDING  SECTION  33-5508,  IDAHO
 25        CODE,  TO REVISE FUNDING FOR THE IDAHO DIGITAL LEARNING ACADEMY; DIRECTING
 26        THE IDAHO DIGITAL LEARNING ACADEMY TO UTILIZE STATE FUNDS TO ACHIEVE  CER-
 27        TAIN  GOALS;  AND  GRANTING  AUTHORITY  TO TRANSFER FUNDS BETWEEN THE FIVE
 28        DIVISIONS OF THE EDUCATIONAL SUPPORT PROGRAM BUDGET.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION 1.  The Public Schools Division of  Children's  Programs  includes
 31    programs  that  provide  direct  educational or material benefits to children,
 32    where funding does not primarily go to paying certificated teachers and admin-
 33    istrators. It also includes programs that primarily and  specifically  provide
 34    funding  for the separate instruction of identified subgroups of children out-
 35    side the normal classroom of an Idaho  public  school.  The  following  amount
 36    shall  be  expended from the listed sources for the Public Schools Division of
 37    Children's Programs for the period July 1, 2007, through June 30, 2008:
 38    FROM:
 39    General Fund                                                      $ 24,545,000
 40    Cigarette/Tobacco and Lottery Income Taxes                           7,000,000
 41    Federal Grant Fund                                                 134,923,100
 42      TOTAL                                                           $166,468,100
                                                                        
 43        SECTION 2.  There is hereby appropriated the following amount to be trans-
                                                                        
                                       2
                                                                        
  1    ferred to the Public School Income Fund for the period July 1,  2007,  through
  2    June 30, 2008:
  3    FROM:
  4    General Fund                                                       $24,545,000
                                                                        
  5        SECTION  3.  There  is  hereby  appropriated  to  the  Educational Support
  6    Program/Division of Children's Programs, pursuant to law and the provisions of
  7    this act, the following amount to be expended from the listed  funds  for  the
  8    period July 1, 2007, through June 30, 2008:
  9    FROM:
 10    Public School Income Fund                                         $ 31,545,000
 11    Federal Grant Fund                                                 134,923,100
 12      TOTAL                                                           $166,468,100
                                                                        
 13        SECTION  4.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
 14    $7,000,000  shall  be expended by the Superintendent of Public Instruction for
 15    the Idaho Safe and Drug-Free Schools Program, from funds determined by  avail-
 16    able  revenues accruing pursuant to Sections 63-2506 and 63-2552A, Idaho Code,
 17    and other such moneys which may become available pursuant to Section  67-7439,
 18    Idaho Code, for the period July 1, 2007, through June 30, 2008.
                                                                        
 19        SECTION  5.  The  funds allocated for the Idaho Safe and Drug-Free Schools
 20    Program in Section 4 of this act shall be distributed as follows:  the  provi-
 21    sions  of  Section 63-2552A(3), Idaho Code, notwithstanding, $200,000 shall be
 22    remitted to the Idaho State Police; $100,000 may be utilized by  the  Superin-
 23    tendent of Public Instruction for program administration, technical assistance
 24    and  evaluation.  Of  the  remaining amount, ninety-two percent (92%) shall be
 25    distributed to each school district through a combination of a base amount  of
 26    $1,500  and  a  prorated amount based on the prior year's average daily atten-
 27    dance. Such funds shall be used  either  to  fund  Idaho  Safe  and  Drug-Free
 28    Schools  Programs  or  to  defray  the costs of community resource workers, or
 29    both, at the discretion of the school district board of trustees. The  remain-
 30    ing  eight  percent (8%), shall be used to make discretionary grants as deter-
 31    mined by the Idaho Safe and Drug-Free Schools and Communities Advisory  Board,
 32    including up to $80,000  in subgrants that may be authorized to the Commission
 33    on Hispanic Affairs.
                                                                        
 34        SECTION  6.  It  is  legislative  intent that the Idaho Safe and Drug-Free
 35    Schools Program shall include the following:
 36        (1)  Districts will develop a policy and plan which will provide  a  guide
 37        for their substance abuse programs.
 38        (2)  Districts will have an advisory board to assist each district in mak-
 39        ing decisions relating to the programs.
 40        (3)  The districts' substance abuse programs will be comprehensive to meet
 41        the  needs of all students. This will include prevention programs, student
 42        assistance programs that address early identification  and  referral,  and
 43        aftercare.
 44        (4)  Districts  shall submit an annual evaluation of their programs to the
 45        State Department of Education as to the effectiveness of their programs.
                                                                        
 46        SECTION  7.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
 47    $2,800,000 shall be used  for  literacy  programs,  as  outlined  in  Sections
 48    33-1614,  33-1615  and  33-1207A(2), Idaho Code. It is legislative intent that
 49    the State Board of Education and the State Department of Education  coordinate
 50    federally  funded literacy programs with state literacy programs, resulting in
                                                                        
                                       3
                                                                        
  1    well-coordinated, complementary literacy efforts.
                                                                        
  2        SECTION 8.  Of the moneys appropriated in Section 3 of this act,  $350,000
  3    shall  be  utilized  by the Superintendent of Public Instruction to develop an
  4    early math education program, similar in approach  to  the  literacy  programs
  5    described  in  Section 7 of this act. The program developed shall be presented
  6    to the State Board of Education, the Governor, and the Legislature by no later
  7    than February 1, 2008.
                                                                        
  8        SECTION  9.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
  9    $6,040,000 shall be distributed for support of programs for students with non-
 10    English or limited-English proficiency, as follows:
 11        (1)  The State Department of  Education  shall  distribute  $5,290,000  to
 12        school  districts  pro  rata, based upon the population of limited-English
 13        proficient students under criteria established by the department.
 14        (2)  The State  Department  of  Education  shall  distribute  $750,000  to
 15        schools  in  which  the  population of English language learners failed to
 16        meet Adequate Yearly Progress (AYP) in math or reading, as defined in fed-
 17        eral law. The department shall develop the program elements governing  the
 18        use  of these funds, modeled on the training, intervention and remediation
 19        elements of the program described in Section 7 of this act. The purpose of
 20        these funds is to improve the English language skills of English  language
 21        learners,  to enable such students to better access the educational oppor-
 22        tunities offered in public schools. Such funds shall be distributed  on  a
 23        one-time  basis, and the Superintendent of Public Instruction shall report
 24        to the Joint Finance-Appropriations Committee and the House of Representa-
 25        tives and the Senate Education Committees, by no later  than  February  1,
 26        2008,  on the program design, uses of funds, and effectiveness of the pro-
 27        gram.
                                                                        
 28        SECTION 10.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
 29    $5,000,000  shall  be  distributed to provide remedial coursework for students
 30    failing to achieve proficiency in the Idaho Standards  Achievement  Test.  The
 31    Superintendent   of  Public  Instruction  shall  determine  the  formulas  and
 32    methodologies by which such funds are distributed, and the  permissible  uses,
 33    provided  however, that the distribution of such funds shall be conditioned on
 34    a match of at least one dollar ($1.00) in local  expenditures  for  every  two
 35    dollars ($2.00) in distributed funds.
                                                                        
 36        SECTION  11.  That Section 33-1002, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        33-1002.  EDUCATIONAL SUPPORT PROGRAM. The educational support program  is
 39    calculated as follows:
 40        (1)  State Educational Support Funds. Add the state appropriation, includ-
 41    ing  the moneys available in the public school income fund,  together with all
 42    miscellaneous revenues to determine the total state funds.
 43        (2)  From the total state funds subtract the following amounts needed  for
 44    state support of special programs provided by a school district:
 45        (a)  Pupil tuition-equivalency allowances as provided in section 33-1002B,
 46        Idaho Code;
 47        (b)  Transportation  support program as provided in section 33-1006, Idaho
 48        Code;
 49        (c)  Feasibility studies allowance as provided in section 33-1007A,  Idaho
 50        Code;
                                                                        
                                       4
                                                                        
  1        (d)  The approved costs for border district allowance, provided in section
  2        33-1403,  Idaho  Code, as determined by the state superintendent of public
  3        instruction;
  4        (e)  The approved costs for exceptional child approved contract allowance,
  5        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
  6        the state superintendent of public instruction;
  7        (f)  Certain expectant and delivered mothers allowance as provided in sec-
  8        tion 33-2006, Idaho Code;
  9        (g)  Salary-based apportionment calculated as provided in sections 33-1004
 10        through 33-1004F, Idaho Code;
 11        (h)  Unemployment insurance benefit payments according to  the  provisions
 12        of section 72-1349A, Idaho Code;
 13        (i)  For expenditure as provided by the public school technology program;
 14        (j)  For  distributions  to the Idaho digital learning academy as provided
 15        in section 33-1020, Idaho Code;
 16        (k)  For the support of provisions that provide a safe environment  condu-
 17        cive  to student learning and maintain classroom discipline, an allocation
 18        of $300 per support unit; and
 19        (kl)  Any additional amounts as required by statute to effect  administra-
 20        tive adjustments or as specifically required by the provisions of any bill
 21        of appropriation;
 22    to secure the total educational support distribution funds.
 23        (3)  Average  Daily  Attendance.  The total state average daily attendance
 24    shall be the sum of the average daily attendance of all  of  the  school  dis-
 25    tricts  of  the state. The state board of education shall establish rules set-
 26    ting forth the procedure to determine average daily attendance  and  the  time
 27    for, and method of, submission of such report. Average daily attendance calcu-
 28    lation  shall  be carried out to the nearest hundredth. Computation of average
 29    daily attendance shall also be governed by the provisions of section 33-1003A,
 30    Idaho Code.
 31        (4)  Support Units. The total state support units shall be  determined  by
 32    using  the tables set out hereafter called computation of kindergarten support
 33    units, computation of elementary support units, computation of secondary  sup-
 34    port  units,  computation of exceptional education support units, and computa-
 35    tion of alternative school secondary support units. The  sum  of  all  of  the
 36    total  support  units  of all school districts of the state shall be the total
 37    state support units.
 38                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
 39    Average Daily
 40    Attendance            Attendance Divisor         Units Allowed
 41    41 or more     ....   40.......................  1 or more as computed
 42    31 -  40.99 ADA....    -.......................  1
 43    26 -  30.99 ADA....    -.......................   .85
 44    21 -  25.99 ADA....    -.......................   .75
 45    16 -  20.99 ADA....    -.......................   .6
 46     8 -  15.99 ADA....    -.......................   .5
 47     1 -   7.99 ADA....    -.......................  count as elementary
                                                                        
                                       5
                                                                        
  1                       COMPUTATION OF ELEMENTARY SUPPORT UNITS
  2    Average Daily
  3    Attendance            Attendance Divisor         Minimum Units Allowed
  4    300 or more ADA........................................  15
  5                        ..23...grades 4,5 & 6....
  6                        ..22...grades 1,2 & 3....1994-95
  7                        ..21...grades 1,2 & 3....1995-96
  8                        ..20...grades 1,2 & 3....1996-97
  9                              and each year thereafter.
 10    160   to  299.99 ADA... 20.....................         8.4
 11    110   to  159.99 ADA... 19.....................         6.8
 12     71.1 to  109.99 ADA... 16.....................         4.7
 13     51.7 to   71.0  ADA... 15.....................         4.0
 14     33.6 to   51.6  ADA... 13.....................         2.8
 15     16.6 to   33.5  ADA... 12.....................         1.4
 16      1.0 to   16.5  ADA... n/a....................         1.0
                                                                        
 17                        COMPUTATION OF SECONDARY SUPPORT UNITS
 18    Average Daily
 19    Attendance            Attendance Divisor         Minimum Units Allowed
 20    750 or more      .... 18.5.....................        47
 21    400 -  749.99 ADA.... 16.......................        28
 22    300 -  399.99 ADA.... 14.5.....................        22
 23    200 -  299.99 ADA.... 13.5.....................        17
 24    100 -  199.99 ADA.... 12.......................         9
 25     99.99 or fewer       Units allowed as follows:
 26             Grades 7-12  .........................         8
 27             Grades 9-12  .........................         6
 28             Grades 7- 9  .........................         1 per 14 ADA
 29             Grades 7- 8  .........................         1 per 16 ADA
                                                                        
 30                  COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
 31    Average Daily
 32    Attendance            Attendance Divisor         Minimum Units Allowed
 33    14 or more ....       14.5.....................  1 or more as computed
 34    12 -  13.99....        -.......................  1
 35     8 -  11.99....        -.......................   .75
 36     4 -   7.99....        -.......................   .5
 37     1 -   3.99....        -.......................   .25
                                                                        
 38              COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
 39    Pupils in Attendance  Attendance Divisor         Minimum Units Allowed
 40    12 or more..........  12......................   1 or more as computed
                                                                        
 41        In applying these tables to any given separate attendance unit, no  school
 42    district  shall  receive  less  total  money than it would receive if it had a
 43    lesser average daily attendance in such separate attendance unit. In  applying
 44    the  kindergarten  table  to  a  kindergarten program of less days than a full
 45    school year, the support unit allowance shall be in ratio  to  the  number  of
 46    days  of a full school year. The tables for exceptional education and alterna-
 47    tive school secondary support units shall  be  applicable  only  for  programs
 48    approved  by  the state department of education following rules established by
 49    the state board of education. Moneys generated  from  computation  of  support
 50    units  for  alternative  schools shall be utilized for alternative school pro-
 51    grams. School district administrative and facility costs may  be  included  as
                                                                        
                                       6
                                                                        
  1    part of the alternative school expenditures.
  2        (5)  State  Distribution  Factor per Support Unit. Divide educational sup-
  3    port program distribution funds, after subtracting the  amounts  necessary  to
  4    pay  the obligations specified in subsection (2) of this section, by the total
  5    state support units to secure the state distribution factor per support unit.
  6        (6)  District Support Units. The number of support units for  each  school
  7    district in the state shall be determined as follows:
  8        (a)  (i)   Divide  the actual average daily attendance, excluding students
  9             approved for inclusion in the exceptional child educational  program,
 10             for  the  administrative schools and each of the separate schools and
 11             attendance units by the appropriate divisor from the tables  of  sup-
 12             port  units  in  this  section,  then add the quotients to obtain the
 13             district's support units allowance for regular students, kindergarten
 14             through grade 12 including  alternative  school  secondary  students.
 15             Calculations  in  application of this subsection shall be carried out
 16             to the nearest tenth.
 17             (ii)  Divide the combined totals of the average daily  attendance  of
 18             all  preschool,  handicapped, kindergarten, elementary, secondary and
 19             juvenile detention center students  approved  for  inclusion  in  the
 20             exceptional  child program of the district by the appropriate divisor
 21             from the table for computation of exceptional education support units
 22             to obtain the number of support  units  allowed  for  the  district's
 23             approved  exceptional child program. Calculations for this subsection
 24             shall be carried out to the nearest tenth when more than one (1) unit
 25             is allowed.
 26             (iii) The total number of support units of the district shall be  the
 27             sum  of  the  total  support  units  for regular students, subsection
 28             (6)(a)(i) of this section, and the support units  allowance  for  the
 29             approved  exceptional  child  program,  subsection (6)(a)(ii) of this
 30             section.
 31        (b)  Total District Allowance Educational Program. Multiply the district's
 32        total number of support units, carried out to the nearest  tenth,  by  the
 33        state  distribution  factor  per  support unit and to this product add the
 34        approved amount of programs of the district provided in subsection (2)  of
 35        this  section to secure the district's total allowance for the educational
 36        support program.
 37        (c)  District Share. The district's share of state  apportionment  is  the
 38        amount of the total district allowance, subsection (6)(b) of this section.
 39        (d)  Adjustment  of District Share. The contract salary of every noncerti-
 40        ficated teacher shall be subtracted from the district's  share  as  calcu-
 41        lated from the provisions of subsection (6)(c) of this section.
 42        (7)  Property  Tax Computation Ratio. In order to receive state funds pur-
 43    suant to this section a charter district shall utilize  a  school  maintenance
 44    and  operation  property  tax computation ratio for the purpose of calculating
 45    its maintenance and operation levy, that is no greater than that which it uti-
 46    lized in tax year 1994, less four-tenths of one percent (.4%). As used herein,
 47    the term "property tax computation ratio" shall mean  a  ratio  determined  by
 48    dividing  the district's certified property tax maintenance and operation bud-
 49    get by the actual or adjusted market value for  assessment  purposes  as  such
 50    values existed on December 31, l993. Such maintenance and operation levy shall
 51    be  based  on  the  property tax computation ratio multiplied by the actual or
 52    adjusted market value for assessment purposes as such values existed on Decem-
 53    ber 31 of the prior calendar year.
                                                                        
 54        SECTION 12.  That Chapter 10, Title 33, Idaho Code, be, and  the  same  is
                                                                        
                                       7
                                                                        
  1    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  2    ignated as Section 33-1020, Idaho Code, and to read as follows:
                                                                        
  3        33-1020.  IDAHO DIGITAL LEARNING ACADEMY FUNDING. Of the moneys  appropri-
  4    ated  for  the  educational support program, an amount shall be distributed to
  5    support the Idaho digital learning academy, created pursuant  to  chapter  55,
  6    title  33, Idaho Code. For the purposes of this section, an "enrollment" shall
  7    be counted each time an Idaho school age child enrolls  in  an  Idaho  digital
  8    learning  academy  class.  A  single  child enrolled in multiple classes shall
  9    count as multiple enrollments. Summer enrollments shall  be  included  in  the
 10    fiscal  year  that  begins that summer. The amount distributed shall be calcu-
 11    lated as follows:
 12        (1)  A fixed base amount shall be distributed, equal to the current fiscal
 13    year's statewide average salary-based apportionment funding per  midterm  sup-
 14    port unit, multiplied by seven (7).
 15        (2)  A  variable  base amount shall be distributed each time the number of
 16    enrollments meets or exceeds an increment of five thousand (5,000). The amount
 17    so distributed shall be equal to the number of such increments, multiplied  by
 18    the current fiscal year's statewide average salary-based apportionment funding
 19    per  midterm  support  unit,  multiplied  by  four and thirty-three hundredths
 20    (4.33).
 21        (3)  A variable amount shall  be  distributed,  equal  to  the  number  of
 22    enrollments  multiplied by the current fiscal year's statewide average salary-
 23    based apportionment funding per midterm support unit, divided by  one  hundred
 24    forty-three (143).
 25        The  state department of education shall make an estimated distribution of
 26    funds to the Idaho digital learning academy by no later than July 31  of  each
 27    fiscal  year,  consisting of eighty percent (80%) of the estimated funding for
 28    the fiscal year. The balance of all remaining funds to be distributed,  pursu-
 29    ant to the calculations in this section, shall be distributed by no later than
 30    May 15 of the same fiscal year.
                                                                        
 31        SECTION  13.  That Section 33-5508, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        33-5508.  FUNDING. (1) Funding for the infrastructure of the program shall
 34    be provided from an annual budget request to the legislature from the superin-
 35    tendent of public instruction pursuant to section  33-1020,  Idaho  Code.  The
 36    superintendent  shall disburse the funds to the Idaho digital learning academy
 37    board of directors who shall use the moneys to develop  courses  and  maintain
 38    operations of the academy.
 39        (2)  Additional  funding  for  course  offerings through the Idaho digital
 40    learning academy shall be added to the Idaho digital learning  academy  budget
 41    by charging fees to the school districts for student participation. These fees
 42    shall  be  established annually by the Idaho digital learning academy board of
 43    directors and shall reflect the various types of course  offerings  available.
 44    Fees  for summer school and professional development offerings to students and
 45    adults shall also be established by the Idaho digital learning  academy  board
 46    of directors.
                                                                        
 47        SECTION  14.  The  Idaho Digital Learning Academy (IDLA), created pursuant
 48    to Chapter 55, Title 33, Idaho Code, shall utilize state funds to achieve  the
 49    following:
 50        (1)  No increase in tuition charged by IDLA to Idaho students.
 51        (2)  Provide  remedial  coursework  for students failing to achieve profi-
                                                                        
                                       8
                                                                        
  1        ciency in one (1) or more areas of the Idaho Standards Achievement Test.
  2        (3)  Pursuant to State Board of Education rule, IDAPA  08.02.03.106,  pro-
  3        vide advanced learning opportunities for students.
  4        (4)  Pursuant  to  State Board of Education rule, IDAPA 08.02.03.106, work
  5        with institutions of higher education to provide dual credit coursework.
  6        The preceding list shall not be construed as excluding  other  instruction
  7    and training that may be provided by the Idaho Digital Learning Academy.
                                                                        
  8        SECTION  15.  The  State  Department  of  Education  is hereby granted the
  9    authority to transfer funds between the five (5) divisions of the  Educational
 10    Support  Program  budget,  in  any amount necessary, to comply with the public
 11    school funding provisions of appropriations and the Idaho Code.

Statement of Purpose / Fiscal Impact


STATEMENT OF PURPOSE
RS16426
This is the Fiscal Year 2008 appropriation for the Division of Children's Programs portion of the Public Schools budget. The pieces of the Public Schools budget that are part of this division's appropriation include: 1.) Border Contracts for children educated out-of-state; 2.) Exceptional Contracts/Tuition Equivalencies; 3.) Program Adjustments (funding for the Marian Pritchett program); 4.) Idaho Safe & Drug-Free Schools program; 5.) Idaho Reading Initiative; 6.) Limited English Proficiency (LEP) program; 7.) High School Redesign (Idaho Digital Learning Academy) funding; 8.) Remedial education funding for students failing to meet Idaho Standards Achievement Test (ISAT) standards; 9.) Funding to develop a Math Initiative along the lines of the Idaho Reading Initiative; and 10.) the Children's Programs' portion of federal pass-through funding to local school districts.

This budget adds funds for increases in Border Contracts, which will cover the portion of Border Contract costs that were formerly paid from local M&O levy funds. There is also additional funding in Program Adjustments (Marian Pritchett program), state funding for Safe & Drug-Free Schools programs, and available federal pass-through funds.

Section 8 provides $350,000 in one-time funding for the Superintendent of Public Instruction to develop a Math Initiative, along the lines of the Idaho Reading Initiative, which tragets grades K-3.

Section 10 of the bill provides $5 million for remedial education for students failing to achieve proficiency on the Idaho Standards Achievement Test (ISAT). In order to receive these funds, there must be at least $1 in local funds spent for every $2 in state funds received.

Sections 11, 12 and 13 provide the statutory framework for a funding formula for the Idaho Digital Learning Academy (IDLA). Section 14 directs IDLA to achieve certain goals with the funding so provided, including functions related to offering additional advanced placement (AP) coursework and dual college credit coursework, in order to meet the requirements of the State Board of Education's high school redesign rule.


FISCAL NOTE
FY 2007
Approp.
FY 2008
Approp.
Div. of
Children's
Programs
I. STATE APPROPRIATION  
A. Sources of Funds  
1. General Fund $1,291,587,000 $1,367,363,800 $24,545,000
2. Dedicated Funds $51,366,800 $62,334,600 $7,000,000
3. Federal Funds $175,000,000 $215,000,000 $134,923,100
4. TOTAL STATE APPROPRIATIONS $1,517,953,800 $1,644,698,400 $166,468,100

General Fund Percent Increase: 

30.8% 5.9% 45.0%

Total Funds Percent Increase:

26.8% 8.3% 25.9%
 
II. PROGRAM DISTRIBUTION  
A. Statutory Requirements  
1. Transportation $64,316,700 $67,032,300 $0
2. Border Contracts $800,000 $1,000,000 $1,000,000
3. Exceptional Contracts/Tuition Equivalents $5,750,000 $6,075,000 $6,075,000
4. Program Adjustments $435,000 $480,000 $480,000
5. Salary-based Apportionment $740,842,100 $774,788,600 $0
6. Teacher Incentive Award $313,200 $166,100 $0
7. State Paid Employee Benefits $133,897,900 $139,771,900 $0
8. Early Retirement Program $4,750,000 $4,750,000 $0
9. Bond Levy Equalization $6,300,000 $11,200,000 $0
10. Idaho Safe & Drug-Free Schools $5,500,000 $7,000,000 $7,000,000
11. Sub-total -- Statutory Requirements $962,904,900 $1,012,263,900 $14,555,000
 
B. Other Program Distributions  

1.

Technology $9,800,000 $9,800,000 $0
2. Idaho Reading Initiative $2,800,000 $2,800,000 $2,800,000
3. Limited English Proficiency (LEP) $6,040,000 $6,040,000 $6,040,000
4. High School Redesign (Gifted & Talented) $500,000 $1,000,000 $0
5. High School Redesign (IDLA) $1,100,000 $2,800,000 $2,800,000
6. School Facilities Funding (Lottery) $10,772,900 $19,122,600 $0
7. School Facilities Maintenance Match $5,650,000 $2,300,000 $0
8. Classroom Supplies $0 $5,180,000 $0
9. Textbook Allowance $0 $9,950,000 $0
10. ISAT Remediation $0 $5,000,000 $5,000,000
11. Dual Credit Class Allowance $0 $0 $0
12. Math Initiative $0 $350,000 $350,000
13. Ag Replacement Phase-out $0 $3,017,000 $0
14. Safe School Study $0 $150,000 $0
15. Rural School Initiative $0 $100,000 $0
16. Federal Funds for Local School Districts $175,000,000 $215,000,000 $134,923,100
17. Sub-total -- Other Program Distributions $211,662,900 $282,609,600 $151,913,100
  TOTAL CATEGORICAL EXPENDITURES $1,174,567,800 $1,294,873,500 $166,468,100
III. EDUCATION STABILIZATION FUNDS $0 $0  
IV. STATE DISCRETIONARY FUNDS $343,386,000 $349,824,900  
V. ESTIMATED SUPPORT UNITS 13,500 13,750  
VI. STATE DISCRETIONARY PER SUPPORT $25,436 $25,442  
VII. LOCAL DISCRETIONARY PER SUPPOR $0 $0  
VIII. TOTAL DISCRETIONARY PER SUPPORT $25,436 $25,442  

Contact:Jason Hancock

LegislativeServices Office

Budgetand Policy Analysis

Telephone:334-3531

S 1237