HOUSE BILL NO. 672 – Approp/Public School/Childrens Prog

HOUSE BILL NO. 672

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Bill Status

H0672.....................................................by APPROPRIATIONS
APPROPRIATIONS - PUBLIC SCHOOLS - CHILDREN'S PROGRAMS - Provides a
description of the Division of Children's Programs; appropriates
$170,449,400 to the Public School Income Fund/Division of Children's
Programs for fiscal year 2009; 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; directing the utilization of state
funds by the Idaho Digital Learning Academy; directing the utilization of
certain moneys for a task force to develop a statewide plan for delivering
concurrent college credit coursework to high school students; and grants
authority to transfer funds between the five divisions of the Educational
Support Program budget.

03/18    House intro - 1st rdg - to printing
03/19    Rpt prt - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, 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 -- None
      Absent and excused -- Bedke, Henbest
    Floor Sponsor - Bayer
    Title apvd - to Senate
03/24    Senate intro - 1st rdg - to Fin
03/25    Rpt out - rec d/p - to 2nd rdg
03/26    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon),
      Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai(Sagness), McGee, McKague,
      McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Werk
      NAYS -- None
      Absent and excused -- Stennett
    Floor Sponsor - Bastian
    Title apvd - to House
03/28    To enrol - Rpt enrol - Sp signed
03/31    Pres signed
04/01    To Governor
04/09    Governor signed
         Session Law Chapter 392
         Effective: 07/01/08

Bill Text

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                  Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 672

                                BY APPROPRIATIONS 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 2009; 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 $3,972,500 BE ALLOCATED TO  IMPLEMENT  AN
 17        EARLY  MATH  EDUCATION PROGRAM; DIRECTING THAT $6,040,000 BE ALLOCATED FOR
 18        PROGRAMS FOR STUDENTS WITH  NON-ENGLISH  OR  LIMITED-ENGLISH  PROFICIENCY;
 19        DIRECTING  THAT  $5,000,000 BE DISTRIBUTED TO PROVIDE REMEDIAL IDAHO STAN-
 20        DARDS ACHIEVEMENT TEST EDUCATION AND COMPUTERIZED PLATO  REMEDIATION  SER-
 21        VICES  FOR  CERTAIN  STUDENTS  AND  REQUIRING  A  LOCAL EXPENDITURE MATCH;
 22        DIRECTING THE IDAHO DIGITAL LEARNING ACADEMY TO  UTILIZE  STATE  FUNDS  TO
 23        ACHIEVE CERTAIN GOALS; DIRECTING THAT $50,000 BE USED TO STUDY AND DEVELOP
 24        CONCURRENT  SECONDARY/POSTSECONDARY  COURSES;  AND  GRANTING  AUTHORITY TO
 25        TRANSFER FUNDS BETWEEN THE FIVE DIVISIONS OF THE EDUCATIONAL SUPPORT  PRO-
 26        GRAM BUDGET.

 27    Be It Enacted by the Legislature of the State of Idaho:

 28        SECTION  1.  The  Public  Schools Division of Children's Programs includes
 29    programs that provide direct educational or  material  benefits  to  children,
 30    where funding does not primarily go to paying certificated teachers and admin-
 31    istrators.  It  also includes programs that primarily and specifically provide
 32    funding for the separate instruction of identified subgroups of children  out-
 33    side  the  normal  classroom  of  an Idaho public school. The following amount
 34    shall be expended from the listed sources for the Public Schools  Division  of
 35    Children's Programs for the period July 1, 2008, through June 30, 2009:
 36    FROM:
 37    General Fund                                                      $ 28,526,300
 38    Cigarette/Tobacco and Lottery Income Taxes                           7,000,000
 39    Federal Grant Fund                                                 134,923,100
 40      TOTAL                                                           $170,449,400

 41        SECTION 2.  There is hereby appropriated the following amount to be trans-
 42    ferred  to  the Public School Income Fund for the period July 1, 2008, through
 43    June 30, 2009:

                                       2

  1    FROM:
  2    General Fund                                                       $28,526,300

  3        SECTION 3.  There  is  hereby  appropriated  to  the  Educational  Support
  4    Program/Division of Children's Programs, pursuant to law and the provisions of
  5    this  act,  the  following amount to be expended from the listed funds for the
  6    period July 1, 2008, through June 30, 2009:
  7    FROM:
  8    Public School Income Fund                                         $ 35,526,300
  9    Federal Grant Fund                                                 134,923,100
 10      TOTAL                                                           $170,449,400

 11        SECTION  4.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
 12    $7,000,000 shall be expended by the Superintendent of Public  Instruction  for
 13    the  Idaho Safe and Drug-Free Schools Program, from funds determined by avail-
 14    able revenues accruing pursuant to Sections 63-2506 and 63-2552A, Idaho  Code,
 15    and  other such moneys which may become available pursuant to Section 67-7439,
 16    Idaho Code, for the period July 1, 2008, through June 30, 2009.

 17        SECTION 5.  The funds allocated for the Idaho Safe and  Drug-Free  Schools
 18    Program  in  Section 4 of this act shall be distributed as follows: the provi-
 19    sions of Section 63-2552A(3), Idaho Code, notwithstanding, $200,000  shall  be
 20    remitted  to  the Idaho State Police; $100,000 may be utilized by the Superin-
 21    tendent of Public Instruction for program administration, technical assistance
 22    and evaluation. Of the remaining amount, ninety-two  percent  (92%)  shall  be
 23    distributed  to each school district through a combination of a base amount of
 24    $1,500 and a prorated amount based on the prior year's  average  daily  atten-
 25    dance.  Such  funds  shall  be  used  either  to fund Idaho Safe and Drug-Free
 26    Schools Programs or to defray the costs  of  community  resource  workers,  or
 27    both,  at the discretion of the school district board of trustees. The remain-
 28    ing eight percent (8%), shall be used to make discretionary grants  as  deter-
 29    mined  by the Idaho Safe and Drug-Free Schools and Communities Advisory Board,
 30    including up to $80,000  in subgrants that may be authorized to the Commission
 31    on Hispanic Affairs.

 32        SECTION 6.  It is legislative intent that the  Idaho  Safe  and  Drug-Free
 33    Schools Program shall include the following:
 34        (1)  Districts  will  develop a policy and plan which will provide a guide
 35        for their substance abuse programs.
 36        (2)  Districts will have an advisory board to assist each district in mak-
 37        ing decisions relating to the programs.
 38        (3)  The districts' substance abuse programs will be comprehensive to meet
 39        the needs of all students. This will include prevention programs,  student
 40        assistance  programs  that  address early identification and referral, and
 41        aftercare.
 42        (4)  Districts shall submit an annual evaluation of their programs to  the
 43        State Department of Education as to the effectiveness of their programs.

 44        SECTION  7.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
 45    $2,800,000  shall  be  used  for  literacy  programs,  as outlined in Sections
 46    33-1614, 33-1615 and 33-1207A(2), Idaho Code. It is  legislative  intent  that
 47    the  State Board of Education and the State Department of Education coordinate
 48    federally funded literacy programs with state literacy programs, resulting  in
 49    well-coordinated, complementary literacy efforts.

                                       3

  1        SECTION  8.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
  2    $3,972,500  shall  be  utilized by the Superintendent of Public Instruction to
  3    implement an early math education program, similar in approach to the literacy
  4    programs described in Section 7 of this act.

  5        SECTION  9.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
  6    $6,040,000 shall be distributed for support of programs for students with non-
  7    English or limited-English proficiency, as follows:
  8        (1)  The State Department of  Education  shall  distribute  $5,290,000  to
  9        school  districts  pro  rata, based upon the population of limited-English
 10        proficient students under criteria established by the department.
 11        (2)  The State Department of Education shall use $750,000 to continue  the
 12        competitive  grant program for school districts in which the population of
 13        English language learners failed to meet Adequate Yearly Progress (AYP) in
 14        math or reading, as defined in federal law. Of this amount, $700,000 shall
 15        be distributed annually to school districts in three-year grant cycles, in
 16        which the recipients will receive full grant awards each of the three  (3)
 17        years, contingent on appropriation. The remaining $50,000 will be used for
 18        evaluation and administration of the program.
 19        (3)  The  department  shall develop the program elements governing the use
 20        of these funds, modeled on the  training,  intervention,  and  remediation
 21        elements of the program described in Section 7 of this act. The purpose of
 22        these  funds is to improve the English language skills of English language
 23        learners, to enable such students to better access the educational  oppor-
 24        tunities  offered in public schools. The Superintendent of Public Instruc-
 25        tion shall report to the Joint Finance-Appropriations  Committee  and  the
 26        House of Representatives and Senate Education Committees, by no later than
 27        February  1, 2009, on the program design, uses of funds, and effectiveness
 28        of the program.

 29        SECTION 10.  Of  the  moneys  appropriated  in  Section  3  of  this  act,
 30    $5,000,000  shall  be  distributed to provide remedial coursework for students
 31    failing to achieve proficiency in the Idaho Standards Achievement Test and  to
 32    fund  the PLATO computerized remediation services to schools. The Superintend-
 33    ent of Public Instruction shall determine the formulas  and  methodologies  by
 34    which  such funds are distributed, and the permissible uses, provided however,
 35    that the distribution of such funds shall be conditioned  on  a  match  of  at
 36    least  one  dollar ($1.00) in local expenditures for every two dollars ($2.00)
 37    in distributed funds.

 38        SECTION 11.  The Idaho Digital Learning Academy (IDLA),  created  pursuant
 39    to  Chapter 55, Title 33, Idaho Code, shall utilize state funds to achieve the
 40    following:
 41        (1)  No increase in tuition charged by IDLA to Idaho students.
 42        (2)  Provide remedial coursework for students failing  to  achieve  profi-
 43        ciency in one (1) or more areas of the Idaho Standards Achievement Test.
 44        (3)  Pursuant  to  State Board of Education rule, IDAPA 08.02.03.106, pro-
 45        vide advanced learning opportunities for students.
 46        (4)  Pursuant to State Board of Education rule, IDAPA  08.02.03.106,  work
 47        with institutions of higher education to provide dual credit coursework.
 48        The  preceding  list shall not be construed as excluding other instruction
 49    and training that may be provided by the Idaho Digital Learning Academy.

 50        SECTION 12.  Of the moneys appropriated in Section 3 of this act,  $50,000
 51    shall  be  used  to  study  and  develop  a  plan  for implementing concurrent

                                       4

  1    secondary/postsecondary  courses  offered  to  qualifying  eleventh-grade  and
  2    twelfth-grade students in Idaho's public high schools. Such  moneys  shall  be
  3    used  to  defray the costs of a task force, appointed by the Superintendent of
  4    Public Instruction, that shall develop a statewide, unified plan for  deliver-
  5    ing  concurrent  college  credit coursework to high school students. Such task
  6    force shall include, at a minimum, representation from public school  adminis-
  7    trators,  teachers  and  board  members, institutions of higher education, the
  8    State Department of Education and the State Board of  Education,  and  private
  9    industry. Legislative leadership shall appoint legislators to this task force.
 10    The  task force shall deliver its recommendations to the Governor and the 2009
 11    Idaho Legislature.

 12        SECTION 13.  The State Department  of  Education  is  hereby  granted  the
 13    authority  to transfer funds between the five (5) divisions of the Educational
 14    Support Program budget, in any amount necessary, to  comply  with  the  public
 15    school funding provisions of appropriations and the Idaho Code.

Statement of Purpose / Fiscal Impact