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H0607aaS.......................................................by EDUCATION
PUBLIC SCHOOLS - Amends existing law relating to public school funding to
revise the basis for calculating pupil tuition-equivalency allowances.
03/07 House intro - 1st rdg - to printing
03/10 Rpt prt - to Educ
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 56-11-3
AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Block, Bock, Bolz,
Bowers, Brackett, Bradford, Chadderdon, Chavez, Clark, Collins,
Crane, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet,
King, Kren, Lake, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Patrick, Pence, Raybould, Roberts,
Rusche, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Andrus, Boe, Chew, Durst, Killen, LeFavour, Pasley-Stuart,
Ringo, Ruchti, Sayler, Smith(30)
Absent and excused -- Bilbao, Black, Labrador
Floor Sponsor - Thayn
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Educ
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg - Rls susp
03/24 To 14th Ord
03/26 Rpt out amen - to 1st rdg as amen
03/27 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 30-0-5
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Coiner, Corder,
Darrington, Davis, Fulcher, Gannon(Gannon), Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McKague, Richardson, Schroeder, Siddoway, Stegner,
Stennett, Werk
NAYS -- None
Absent and excused -- Burkett, Cameron, McGee, McKenzie, Pearce
Floor Sponsor - Jorgenson
Title apvd - to House
04/01 House concurred in Senate amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 65-1-4
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chavez, Chew, Clark, Collins,
Crane, Eskridge, Hagedorn, Hart, Harwood, Henderson, Jaquet, Killen,
King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler,
Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30),
Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Durst
Absent and excused -- Anderson, Black, Chadderdon, Henbest
Floor Sponsor - Thayn
Title apvd - to enrol - Rpt enrol - Sp signed
04/02 Pres signed - To Governor
04/11 Governor signed
Session Law Chapter 401
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 607 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC SCHOOL FUNDING; AMENDING SECTION 33-1002B, IDAHO CODE, TO 3 REVISE THE BASIS FOR CALCULATING PUPIL TUITION-EQUIVALENCY ALLOWANCES AND 4 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-1006, IDAHO CODE, TO 5 DELETE AN ALLOWABLE COST ON WHICH THE TRANSPORTATION SUPPORT PROGRAM IS 6 BASED, TO INCREASE THE STATE'S SHARE OF REIMBURSABLE TRANSPORTATION COSTS 7 OF THE TRANSPORTATION SUPPORT PROGRAM AND TO REVISE A CRITERION TO QUALIFY 8 FOR A HARDSHIP BUS RUN; AND AMENDING SECTION 33-5208, IDAHO CODE, TO 9 REMOVE THE LIMIT ON INCREASES IN PUBLIC CHARTER SCHOOL SUPPORT UNITS AND 10 TO INCREASE THE STATE'S SHARE OF TRANSPORTATION SUPPORT COSTS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 33-1002B, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 33-1002B. PUPIL TUITION-EQUIVALENCY ALLOWANCES. 1. Districts which edu- 15 cate pupils placed by Idaho court order in licensed homes, agencies, institu- 16 tions or juvenile detention facilities shall be eligible for an allowance 17 equivalent to forty-two percent (42%) of the previous year'scertified local18annual tuition rategross per pupil cost calculated on a daily basis. This 19 district allowance shall be in addition to support unit funding and included 20 in district apportionment payments, subject to approval of district applica- 21 tions by the state superintendent of public instruction. 22 2. Districts which educate pupils placed by Idaho court order in a juve- 23 nile detention facility with a summer school program shall be eligible for an 24 allowance equivalent to one-half (1/2) of forty-two percent (42%) of the pre- 25 vious year'slocal annual tuition rategross per pupil cost calculated on a 26 daily basis. This district allowance shall be in addition to support unit 27 funding and included in district apportionment payments, subject to approval 28 of district applications by the state superintendent of public instruction. 29 3. Districts which educate school age special education students who, due 30 to the nature and severity of their disabilities are residing in licensed pub- 31 lic or private residential facilities or homes, and whose parents are not 32 patrons of the district, shall be eligible for an allowance equivalent to for- 33 ty-two percent (42%) of the previous year'scertified local annual tuition34rategross per pupil cost per child plus the excess cost rate that is annually 35 determined by the state superintendent of public instruction. This district 36 allowance shall be in addition to exceptional education support unit funding 37 and included in district apportionment payments, subject to approval of dis- 38 trict applications by the state superintendent of public instruction. 39 SECTION 2. That Section 33-1006, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 33-1006. TRANSPORTATION SUPPORT PROGRAM. (1) The state board of education 2 1 shall determine what costs of transporting pupils, including maintenance, 2 operation and depreciation of basic vehicles, insurance, payments under con- 3 tract with other public transportation providers whose vehicles used to trans- 4 port pupils comply with federal transit administration regulations, "bus test- 5 ing," 49 C.F.R. part 665, and any revision thereto, as provided in subsection 6 (4)(d) of this section, or other state department of education approved pri- 7 vate transportation providers, salaries of drivers, and any other costs, shall 8 be allowable in computing the transportation support program of school dis- 9 tricts. 10 (2) Any costs associated with the addition of vehicle features that are 11 not part of the basic vehicle shall not be allowable in computing the trans- 12 portation support program of school districts. A basic vehicle is hereby 13 defined as the cost of the vehicle without optional features, plus the addi- 14 tion of essential safety features and features necessary for the transporta- 15 tion of pupils with disabilities. 16 (3) Each school district shall maintain records and make reports as are 17 required for the purposes of this section. 18 (4) The transportation support program of a school district shall be 19 based upon the allowable costs of: 20 (a) Transporting public school pupils one and one-half (1 1/2) miles or 21 more to school; 22 (b) Transporting pupils less than one and one-half (1 1/2) miles as pro- 23 vided in section 33-1501, Idaho Code, when approved by the state board of 24 education; 25 (c) The costs of payments when transportation is not furnished, as pro- 26 vided in section 33-1503, Idaho Code; 27 (d) The transportation program for grades six (6) through twelve (12), 28 upon the costs of payments pursuant to a contract with other public or 29 private transportation providers entered into as provided in section 30 33-1510, Idaho Code, if the school district establishes that the reim- 31 bursable costs of transportation under the contract are equal to or less 32 than the costs for school buses; 33 (e)The costs of providing transportation to and from approved school34activities as may be approved by rules of the state board of education;35(f)The employer's share of contributions to the public employee retire- 36 ment system and to social security. 37 (5) The state's share of the transportation support program shall be 38 eighty-fiveseven and eighty-five hundredths percent (857.85%) of reimbursable 39 transportation costs of the district incurred during the immediately preceding 40 state fiscal year, provided the reimbursable costs do not exceed one hundred 41 three percent (103%) of the statewide average reimbursable cost per mile or 42 the state average reimbursable cost per student rider, whichever is more 43 advantageous to the school district. If a school district's costs exceed the 44 one hundred three percent (103%) limit when computed by the more advantageous 45 of the two (2) methods, that school district shall be reimbursed at 46 eighty-fiveseven and eighty-five hundredths percent (857.85%) of the maximum 47 limit for whichever method is more favorable to the school district. A school 48 district may appeal the application of the one hundred three percent (103%) 49 limit on reimbursable costs to the state board of education, which may estab- 50 lish for that district a new percentile limit for reimbursable costs compared 51 to the statewide average, which is higher than one hundred three percent 52 (103%). In doing so, the state board of education may set a new limit that is 53 greater than one hundred three percent (103%), but is less than the percentile 54 limit requested by the school district. However, the percentage increase in 55 the one hundred three percent (103%) cap shall not exceed the percentage of 3 1 the district's bus runs that qualify as a hardship bus run, pursuant to this 2 subsection. Any costs above the new level established by the state board of 3 education shall not be reimbursed. Such a change shall only be granted by the 4 state board of education for hardship bus runs. To qualify as a hardship bus 5 run, such bus run shall display uniquely difficult geographic circumstances 6 and meet at least two (2) of the following criteria: 7 (a) The number of student riders per mile is less than fifty percent 8 (50%) of the statewide average number of student riders per mile, over any 9 single, continuous segment of the bus run that includes at least ninety 10 percent (90%) of the miles driven on the bus run; 11 (b) Less than a majority of the miles on the bus run are by paved sur- 12 face, concrete or asphalt, road; 13 (c) Over ten percent (10%) of the miles driven on the bus run are a five 14 percent (5%) slope or greater. 15 The legislative audits section of the legislative services office shall review 16 cap increases granted by the state board of education pursuant to this sec- 17 tion, and shall include findings in the board's regular audit report for any 18 instances in which such increases failed to meet the standards set forth in 19 this subsection. 20 (6) School districts that are unable to absorb the impact of the limita- 21 tion on reimbursable expenses, through either efficiencies or the utilization 22 of fund balances, may apply to the state board of education to receive a loan 23 of moneys, not to exceed the amount of state funds lost through the applica- 24 tion of the limitation on reimbursable expenses, from the public education 25 stabilization fund. Any school district receiving such a loan shall cause its 26 reimbursement of state transportation moneys to be reduced by a like amount in 27 the subsequent fiscal year, and the moneys so reduced shall be deposited in 28 the public education stabilization fund. 29 (7) Beginning on July 1, 2005, any eligible home-based public virtual 30 school may claim transportation reimbursement for the prior fiscal year's cost 31 of providing educational services to students. In order to be eligible, such a 32 school shall have at least one (1) average daily attendance divisor, pursuant 33 to section 33-1002, Idaho Code, that is greater than the median divisor shown 34 for any category of pupils, among the actual divisors listed. For the purposes 35 of paragraphs (a), (b) and (c) of this subsection (7), "education provider" 36 means the home-based public virtual school or an entity that has legally con- 37 tracted with the home-based public virtual school to supply education ser- 38 vices. Reimbursable costs shall be limited to the costs of: 39 (a) Providing an internet connection service between the student and the 40 education provider, not including the cost of telephone service; 41 (b) Providing electronic and computer equipment used by the student to 42 transmit educational material between the student and the education pro- 43 vider; 44 (c) Providing a toll-free telephone service for students to communicate 45 with the education provider; 46 (d) Providing education-related, face-to-face visits by representatives 47 of the home-based public virtual school, with such reimbursements limited 48 to the mileage costs set for state employee travel by the state board of 49 examiners; and 50 (e) Any actual pupil transportation costs that would be reimbursable if 51 claimed by a school district. 52 The total reimbursement for such home-based public virtual schools shall be 53 exempt from the statewide average cost per mile limitations of this section. 54 The state's share of reimbursable costs shall be eighty-fiveseven and eighty- 55 five hundredths percent (857.85%), subject to the statewide cost per student 4 1 rider provisions of this section. For the purposes of such home-based public 2 virtual school, the number of student riders shall be the same as the number 3 of pupils in average daily attendance. 4 SECTION 3. That Section 33-5208, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 33-5208. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. Except as provided in 7 subsection (8) of this section, from the state educational support program the 8 state department of education shall make the following apportionment to each 9 public charter school for each fiscal year based on attendance figures submit- 10 ted in a manner and time as required by the department of education: 11 (1) Per student support. Computation of support units for each public 12 charter school shall be calculated as if it were a separate school according 13 to the schedules in section 33-1002(4), Idaho Code, except that public charter 14 schools with fewer than one hundred (100) secondary ADA shall use a divisor of 15 twelve (12) and the minimum units shall not apply., and no public charter16school shall receive an increase in support units that exceeds the support17units it received in the prior year by more than thirty (30).Funding from the 18 state educational support program shall be equal to the total distribution 19 factor, plus the salary-based apportionment provided in chapter 10, title 33, 20 Idaho Code. Provided however, any public charter school that is formed by the 21 conversion of an existing traditional public school shall be assigned 22 divisors, pursuant to section 33-1002, Idaho Code, that are no lower than the 23 divisors of the school district in which the traditional public school is 24 located, for each category of pupils listed. 25 (2) Special education. For each student enrolled in the public charter 26 school who is entitled to special education services, the state and federal 27 funds from the exceptional child education program for that student that would 28 have been apportioned for that student to the school district in which the 29 public charter school is located. 30 (3) Alternative school support. Public charter schools may qualify under 31 the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the pub- 32 lic charter school meets the necessary statutory requirements, and students 33 qualify for attendance at an alternative school as provided by rule of the 34 state board of education. 35 (4) Transportation support. Support shall be paid to the public charter 36 school as provided in chapter 15, title 33, Idaho Code, and section 33-1006, 37 Idaho Code. Each public charter school shall furnish the department with an 38 enrollment count as of the first Friday in November, of public charter school 39 students living more than one and one-half (1 1/2) miles from the school. For 40 charter schools in the initial year of operation, the petition shall include a 41 proposal for transportation services with an estimated first year cost. The 42 state department of education is authorized to include in the annual appropri- 43 ation to the charter school eighty percent (80%) of the estimated transporta- 44 tion cost. The final appropriation payment in July shall reflect 45 eighty-fiveseven and eighty-five hundredths percent (857.85%) of the actual 46 cost. 47 (5) Payment schedule. The state department of education is authorized to 48 make an advance payment of twenty-five percent (25%) of a public charter 49 school's estimated annual apportionment for its first year of operation, and 50 each year thereafter, provided the public charter school has an increase of 51 student population in any given year of twenty (20) students or more, to 52 assist the school with initial start-up costs or payroll obligations. 53 (a) For a state public charter school to receive the advance payment, the 5 1 school shall submit its anticipated fall membership for each grade level 2 to the state department of education by June 1. 3 (b) Using the figures provided by the public charter school, the state 4 department of education shall determine an estimated annual apportionment 5 from which the amount of the advance payment shall be calculated. Advance 6 payment shall be made to the school on or after July 1 but no later than 7 July 31. 8 (c) All subsequent payments, taking into account the one-time advance 9 payment made for the first year of operation, shall be made to the public 10 charter school in the same manner as other traditional public schools in 11 accordance with the provisions of section 33-1009, Idaho Code. 12 A public charter school shall comply with all applicable fiscal requirements 13 of law, except that the following provisions shall not be applicable to public 14 charter schools: section 33-1003B, Idaho Code, relating to guaranteed minimum 15 support; that portion of section 33-1004, Idaho Code, relating to reduction of 16 the administrative and instructional staff allowance when there is a discrep- 17 ancy between the number allowed and the number actually employed; and section 18 33-1004E, Idaho Code, for calculation of district staff indices. 19 (6) Nothing in this chapter shall be construed to prohibit any private 20 person or organization from providing funding or other financial assistance to 21 the establishment or operation of a public charter school. 22 (7) Nothing in this chapter shall prevent a public charter school from 23 applying for federal grant moneys. 24 (8) (a) For the period July 1, 2003, through June 30, 2005, all public 25 virtual schools shall be assigned divisors, pursuant to section 33-1002, 26 Idaho Code, that are no higher than the median divisor shown for each 27 respective category of pupils, among the possible divisors listed, for 28 each respective category of pupils that contains more than one (1) divi- 29 sor. If there is an even number of possible divisors listed for a particu- 30 lar category of pupils, then the lesser of the two (2) median divisors 31 shall be used. For the period July 1, 2005, through June 30, 2007, all 32 public virtual schools shall be assigned divisors, pursuant to section 33 33-1002, Idaho Code, that are no higher than the second highest divisor 34 shown, among the possible divisors listed, for each respective category of 35 pupils that contains more than one (1) divisor. The divisor provisions 36 contained herein shall only be applicable to the number of pupils in aver- 37 age daily attendance in such public virtual schools for the period July 1, 38 2003, through June 30, 2004. If the number of pupils in average daily 39 attendance in any particular category of pupils increases, during the 40 period July 1, 2004, through June 30, 2005, to a number above that which 41 existed in the prior fiscal year, then those additional pupils in average 42 daily attendance shall be assigned the divisor, pursuant to section 43 33-1002, Idaho Code, that would have otherwise been assigned to the school 44 district or public charter school had this section not been in force. 45 (b) Each student in attendance at a public virtual school shall be funded 46 based upon either the actual hours of attendance in the public virtual 47 school on a flexible schedule, or the percentage of coursework completed, 48 whichever is more advantageous to the school, up to the maximum of one (1) 49 full-time equivalent student. 50 (c) All federal educational funds shall be administered and distributed 51 to public charter schools, including public virtual schools, that have 52 been designated by the state board of education as a local education 53 agency (LEA), as provided in section 33-5203(7), Idaho Code. 54 (9) Nothing in this section prohibits separate face-to-face learning 55 activities or services.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Goedde Seconded by Keough IN THE SENATE SENATE AMENDMENT TO H.B. NO. 607 1 AMENDMENTS TO THE BILL 2 On page 1 of the printed bill, delete lines 39, 40 and 41; and delete 3 pages 2, 3, 4 and 5. 4 CORRECTION TO TITLE 5 On page 1, in line 4, following "CORRECTION" delete the remainder of the 6 line and delete lines 5 through 10 and insert: ".".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 607, As Amended in the Senate BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC SCHOOL FUNDING; AMENDING SECTION 33-1002B, IDAHO CODE, TO 3 REVISE THE BASIS FOR CALCULATING PUPIL TUITION-EQUIVALENCY ALLOWANCES AND 4 TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-1002B, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-1002B. PUPIL TUITION-EQUIVALENCY ALLOWANCES. 1. Districts which edu- 9 cate pupils placed by Idaho court order in licensed homes, agencies, institu- 10 tions or juvenile detention facilities shall be eligible for an allowance 11 equivalent to forty-two percent (42%) of the previous year'scertified local12annual tuition rategross per pupil cost calculated on a daily basis. This 13 district allowance shall be in addition to support unit funding and included 14 in district apportionment payments, subject to approval of district applica- 15 tions by the state superintendent of public instruction. 16 2. Districts which educate pupils placed by Idaho court order in a juve- 17 nile detention facility with a summer school program shall be eligible for an 18 allowance equivalent to one-half (1/2) of forty-two percent (42%) of the pre- 19 vious year'slocal annual tuition rategross per pupil cost calculated on a 20 daily basis. This district allowance shall be in addition to support unit 21 funding and included in district apportionment payments, subject to approval 22 of district applications by the state superintendent of public instruction. 23 3. Districts which educate school age special education students who, due 24 to the nature and severity of their disabilities are residing in licensed pub- 25 lic or private residential facilities or homes, and whose parents are not 26 patrons of the district, shall be eligible for an allowance equivalent to for- 27 ty-two percent (42%) of the previous year'scertified local annual tuition28rategross per pupil cost per child plus the excess cost rate that is annually 29 determined by the state superintendent of public instruction. This district 30 allowance shall be in addition to exceptional education support unit funding 31 and included in district apportionment payments, subject to approval of dis- 32 trict applications by the state superintendent of public instruction.
STATEMENT OF PURPOSE
RS 18076
This legislation updates several sections of Idaho Code that
relate to public school funding. The first is needed
because many school districts will no longer have a basis
upon which to calculate the additional money the state
distributes for exceptional contracts/tuition equivalencies,
beginning in FY 2009. The second change clarifies how
hardship bus runs are defined. It also removes state
transportation reimbursement for field trips, but increases
the state match for home-to-school and school-to-home by a
commensurate amount of money, for a statewide net impact of
zero. The third change removes the arbitrary cap on the
number of new support units that a charter school can
receive in a given fiscal year. This cap was originally put
in for state budget planning purposes, but is not now
necessary, due to the fact that charter schools must be
approved by no later than January 1st of the school year
prior to opening.
FISCAL IMPACT
None.
Contact
Name: Jason Hancock
State Department of Education
Phone: (208) 332-6800
STATEMENT OF PURPOSE/FISCAL NOTE H 607