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H0684..........................................................by EDUCATION
PUBLIC SCHOOL FUNDING - TRANSPORTATION - Amends existing law relating to
public schools to delete an allowable cost on which the transportation
support program is based; to increase the state's share of reimbursable
transportation costs of the transportation support program; to revise a
criterion to qualify for a hardship bus run; and to increase the state's
share of transportation support costs.
03/25 House intro - 1st rdg - to printing
Rpt prt - to 2nd rdg
03/26 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer, 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 -- Labrador, McGeachin, Moyle
Floor Sponsor - Thayn
Title apvd - to Senate
03/27 Senate intro - 1st rdg - to Educ
03/28 Rpt out - rec d/p - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
Rls susp - Ret'd to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 684 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC SCHOOL FUNDING; AMENDING SECTION 33-1006, IDAHO CODE, TO 3 DELETE AN ALLOWABLE COST ON WHICH THE TRANSPORTATION SUPPORT PROGRAM IS 4 BASED, TO INCREASE THE STATE'S SHARE OF REIMBURSABLE TRANSPORTATION COSTS 5 OF THE TRANSPORTATION SUPPORT PROGRAM AND TO REVISE A CRITERION TO QUALIFY 6 FOR A HARDSHIP BUS RUN; AND AMENDING SECTION 33-5208, IDAHO CODE, TO 7 INCREASE THE STATE'S SHARE OF TRANSPORTATION SUPPORT COSTS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-1006, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-1006. TRANSPORTATION SUPPORT PROGRAM. (1) The state board of education 12 shall determine what costs of transporting pupils, including maintenance, 13 operation and depreciation of basic vehicles, insurance, payments under con- 14 tract with other public transportation providers whose vehicles used to trans- 15 port pupils comply with federal transit administration regulations, "bus test- 16 ing," 49 C.F.R. part 665, and any revision thereto, as provided in subsection 17 (4)(d) of this section, or other state department of education approved pri- 18 vate transportation providers, salaries of drivers, and any other costs, shall 19 be allowable in computing the transportation support program of school dis- 20 tricts. 21 (2) Any costs associated with the addition of vehicle features that are 22 not part of the basic vehicle shall not be allowable in computing the trans- 23 portation support program of school districts. A basic vehicle is hereby 24 defined as the cost of the vehicle without optional features, plus the addi- 25 tion of essential safety features and features necessary for the transporta- 26 tion of pupils with disabilities. 27 (3) Each school district shall maintain records and make reports as are 28 required for the purposes of this section. 29 (4) The transportation support program of a school district shall be 30 based upon the allowable costs of: 31 (a) Transporting public school pupils one and one-half (1 1/2) miles or 32 more to school; 33 (b) Transporting pupils less than one and one-half (1 1/2) miles as pro- 34 vided in section 33-1501, Idaho Code, when approved by the state board of 35 education; 36 (c) The costs of payments when transportation is not furnished, as pro- 37 vided in section 33-1503, Idaho Code; 38 (d) The transportation program for grades six (6) through twelve (12), 39 upon the costs of payments pursuant to a contract with other public or 40 private transportation providers entered into as provided in section 41 33-1510, Idaho Code, if the school district establishes that the reim- 42 bursable costs of transportation under the contract are equal to or less 43 than the costs for school buses; 2 1 (e)The costs of providing transportation to and from approved school2activities as may be approved by rules of the state board of education;3(f)The employer's share of contributions to the public employee retire- 4 ment system and to social security. 5 (5) The state's share of the transportation support program shall be 6 eighty-fiveseven and eighty-five hundredths percent (857.85%) of reimbursable 7 transportation costs of the district incurred during the immediately preceding 8 state fiscal year, provided the reimbursable costs do not exceed one hundred 9 three percent (103%) of the statewide average reimbursable cost per mile or 10 the state average reimbursable cost per student rider, whichever is more 11 advantageous to the school district. If a school district's costs exceed the 12 one hundred three percent (103%) limit when computed by the more advantageous 13 of the two (2) methods, that school district shall be reimbursed at 14 eighty-fiveseven and eighty-five hundredths percent (857.85%) of the maximum 15 limit for whichever method is more favorable to the school district. A school 16 district may appeal the application of the one hundred three percent (103%) 17 limit on reimbursable costs to the state board of education, which may estab- 18 lish for that district a new percentile limit for reimbursable costs compared 19 to the statewide average, which is higher than one hundred three percent 20 (103%). In doing so, the state board of education may set a new limit that is 21 greater than one hundred three percent (103%), but is less than the percentile 22 limit requested by the school district. However, the percentage increase in 23 the one hundred three percent (103%) cap shall not exceed the percentage of 24 the district's bus runs that qualify as a hardship bus run, pursuant to this 25 subsection. Any costs above the new level established by the state board of 26 education shall not be reimbursed. Such a change shall only be granted by the 27 state board of education for hardship bus runs. To qualify as a hardship bus 28 run, such bus run shall display uniquely difficult geographic circumstances 29 and meet at least two (2) of the following criteria: 30 (a) The number of student riders per mile is less than fifty percent 31 (50%) of the statewide average number of student riders per mile, over any 32 single, continuous segment of the bus run that includes at least ninety 33 percent (90%) of the miles driven on the bus run; 34 (b) Less than a majority of the miles on the bus run are by paved sur- 35 face, concrete or asphalt, road; 36 (c) Over ten percent (10%) of the miles driven on the bus run are a five 37 percent (5%) slope or greater. 38 The legislative audits section of the legislative services office shall review 39 cap increases granted by the state board of education pursuant to this sec- 40 tion, and shall include findings in the board's regular audit report for any 41 instances in which such increases failed to meet the standards set forth in 42 this subsection. 43 (6) School districts that are unable to absorb the impact of the limita- 44 tion on reimbursable expenses, through either efficiencies or the utilization 45 of fund balances, may apply to the state board of education to receive a loan 46 of moneys, not to exceed the amount of state funds lost through the applica- 47 tion of the limitation on reimbursable expenses, from the public education 48 stabilization fund. Any school district receiving such a loan shall cause its 49 reimbursement of state transportation moneys to be reduced by a like amount in 50 the subsequent fiscal year, and the moneys so reduced shall be deposited in 51 the public education stabilization fund. 52 (7) Beginning on July 1, 2005, any eligible home-based public virtual 53 school may claim transportation reimbursement for the prior fiscal year's cost 54 of providing educational services to students. In order to be eligible, such a 55 school shall have at least one (1) average daily attendance divisor, pursuant 3 1 to section 33-1002, Idaho Code, that is greater than the median divisor shown 2 for any category of pupils, among the actual divisors listed. For the purposes 3 of paragraphs (a), (b) and (c) of this subsection (7), "education provider" 4 means the home-based public virtual school or an entity that has legally con- 5 tracted with the home-based public virtual school to supply education ser- 6 vices. Reimbursable costs shall be limited to the costs of: 7 (a) Providing an internet connection service between the student and the 8 education provider, not including the cost of telephone service; 9 (b) Providing electronic and computer equipment used by the student to 10 transmit educational material between the student and the education pro- 11 vider; 12 (c) Providing a toll-free telephone service for students to communicate 13 with the education provider; 14 (d) Providing education-related, face-to-face visits by representatives 15 of the home-based public virtual school, with such reimbursements limited 16 to the mileage costs set for state employee travel by the state board of 17 examiners; and 18 (e) Any actual pupil transportation costs that would be reimbursable if 19 claimed by a school district. 20 The total reimbursement for such home-based public virtual schools shall be 21 exempt from the statewide average cost per mile limitations of this section. 22 The state's share of reimbursable costs shall be eighty-fiveseven and eighty- 23 five hundredths percent (857.85%), subject to the statewide cost per student 24 rider provisions of this section. For the purposes of such home-based public 25 virtual school, the number of student riders shall be the same as the number 26 of pupils in average daily attendance. 27 SECTION 2. That Section 33-5208, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 33-5208. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. Except as provided in 30 subsection (8) of this section, from the state educational support program the 31 state department of education shall make the following apportionment to each 32 public charter school for each fiscal year based on attendance figures submit- 33 ted in a manner and time as required by the department of education: 34 (1) Per student support. Computation of support units for each public 35 charter school shall be calculated as if it were a separate school according 36 to the schedules in section 33-1002(4), Idaho Code, except that public charter 37 schools with fewer than one hundred (100) secondary ADA shall use a divisor of 38 twelve (12) and the minimum units shall not apply, and no public charter 39 school shall receive an increase in support units that exceeds the support 40 units it received in the prior year by more than thirty (30). Funding from the 41 state educational support program shall be equal to the total distribution 42 factor, plus the salary-based apportionment provided in chapter 10, title 33, 43 Idaho Code. Provided however, any public charter school that is formed by the 44 conversion of an existing traditional public school shall be assigned 45 divisors, pursuant to section 33-1002, Idaho Code, that are no lower than the 46 divisors of the school district in which the traditional public school is 47 located, for each category of pupils listed. 48 (2) Special education. For each student enrolled in the public charter 49 school who is entitled to special education services, the state and federal 50 funds from the exceptional child education program for that student that would 51 have been apportioned for that student to the school district in which the 52 public charter school is located. 53 (3) Alternative school support. Public charter schools may qualify under 4 1 the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the pub- 2 lic charter school meets the necessary statutory requirements, and students 3 qualify for attendance at an alternative school as provided by rule of the 4 state board of education. 5 (4) Transportation support. Support shall be paid to the public charter 6 school as provided in chapter 15, title 33, Idaho Code, and section 33-1006, 7 Idaho Code. Each public charter school shall furnish the department with an 8 enrollment count as of the first Friday in November, of public charter school 9 students living more than one and one-half (1 1/2) miles from the school. For 10 charter schools in the initial year of operation, the petition shall include a 11 proposal for transportation services with an estimated first year cost. The 12 state department of education is authorized to include in the annual appropri- 13 ation to the charter school eighty percent (80%) of the estimated transporta- 14 tion cost. The final appropriation payment in July shall reflect 15 eighty-fiveseven and eighty-five hundredths percent (857.85%) of the actual 16 cost. 17 (5) Payment schedule. The state department of education is authorized to 18 make an advance payment of twenty-five percent (25%) of a public charter 19 school's estimated annual apportionment for its first year of operation, and 20 each year thereafter, provided the public charter school has an increase of 21 student population in any given year of twenty (20) students or more, to 22 assist the school with initial start-up costs or payroll obligations. 23 (a) For a state public charter school to receive the advance payment, the 24 school shall submit its anticipated fall membership for each grade level 25 to the state department of education by June 1. 26 (b) Using the figures provided by the public charter school, the state 27 department of education shall determine an estimated annual apportionment 28 from which the amount of the advance payment shall be calculated. Advance 29 payment shall be made to the school on or after July 1 but no later than 30 July 31. 31 (c) All subsequent payments, taking into account the one-time advance 32 payment made for the first year of operation, shall be made to the public 33 charter school in the same manner as other traditional public schools in 34 accordance with the provisions of section 33-1009, Idaho Code. 35 A public charter school shall comply with all applicable fiscal requirements 36 of law, except that the following provisions shall not be applicable to public 37 charter schools: section 33-1003B, Idaho Code, relating to guaranteed minimum 38 support; that portion of section 33-1004, Idaho Code, relating to reduction of 39 the administrative and instructional staff allowance when there is a discrep- 40 ancy between the number allowed and the number actually employed; and section 41 33-1004E, Idaho Code, for calculation of district staff indices. 42 (6) Nothing in this chapter shall be construed to prohibit any private 43 person or organization from providing funding or other financial assistance to 44 the establishment or operation of a public charter school. 45 (7) Nothing in this chapter shall prevent a public charter school from 46 applying for federal grant moneys. 47 (8) (a) For the period July 1, 2003, through June 30, 2005, all public 48 virtual schools shall be assigned divisors, pursuant to section 33-1002, 49 Idaho Code, that are no higher than the median divisor shown for each 50 respective category of pupils, among the possible divisors listed, for 51 each respective category of pupils that contains more than one (1) divi- 52 sor. If there is an even number of possible divisors listed for a particu- 53 lar category of pupils, then the lesser of the two (2) median divisors 54 shall be used. For the period July 1, 2005, through June 30, 2007, all 55 public virtual schools shall be assigned divisors, pursuant to section 5 1 33-1002, Idaho Code, that are no higher than the second highest divisor 2 shown, among the possible divisors listed, for each respective category of 3 pupils that contains more than one (1) divisor. The divisor provisions 4 contained herein shall only be applicable to the number of pupils in 5 average daily attendance in such public virtual schools for the period 6 July 1, 2003, through June 30, 2004. If the number of pupils in average 7 daily attendance in any particular category of pupils increases, during 8 the period July 1, 2004, through June 30, 2005, to a number above that 9 which existed in the prior fiscal year, then those additional pupils in 10 average daily attendance shall be assigned the divisor, pursuant to sec- 11 tion 33-1002, Idaho Code, that would have otherwise been assigned to the 12 school district or public charter school had this section not been in 13 force. 14 (b) Each student in attendance at a public virtual school shall be funded 15 based upon either the actual hours of attendance in the public virtual 16 school on a flexible schedule, or the percentage of coursework completed, 17 whichever is more advantageous to the school, up to the maximum of one (1) 18 full-time equivalent student. 19 (c) All federal educational funds shall be administered and distributed 20 to public charter schools, including public virtual schools, that have 21 been designated by the state board of education as a local education 22 agency (LEA), as provided in section 33-5203(7), Idaho Code. 23 (9) Nothing in this section prohibits separate face-to-face learning 24 activities or services.
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STATEMENT OF PURPOSE
RS 18157
This legislation revises Idaho Code as it relates to state
reimbursement for pupil transportation costs, by removing state
transportation reimbursement for field trips while simultaneously
increasing the state match for home-to-school and school-to-home by
a commensurate amount of money, for a statewide net impact of zero.
It also clarifies how hardship bus runs are defined.
FISCAL NOTE
None.
Contact
Name: Jason Hancock, State Department of Education
Phone: 332-6800
STATEMENT OF PURPOSE/FISCAL NOTE H 684
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