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H0685..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law relating to public charter school
financial support to remove the limit on increases in public charter school
support units.
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 - 62-4-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Jaquet, Killen, King, Kren, Lake, Loertscher, Luker,
Marriott, Mathews, Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick,
Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, 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 -- Boe, Durst, LeFavour, Sayler
Absent and excused -- Henderson, 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 - FAILED - 14-19-2
AYES -- Bair, Bastian, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Jorgenson, Lodge, McGee, McKague, Richardson, Siddoway
NAYS -- Andreason, Bilyeu, Broadsword, Burkett, Cameron, Coiner,
Corder, Darrington, Gannon(Gannon), Hill, Kelly, Keough, Langhorst,
Little, Malepeai(Sagness), Schroeder, Stegner, Stennett, Werk
Absent and excused -- McKenzie, Pearce
Floor Sponsor - Bastian
Ret'd to House
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 685 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT; AMENDING SECTION 33-5208, 3 IDAHO CODE, TO REMOVE THE LIMIT ON INCREASES IN PUBLIC CHARTER SCHOOL SUP- 4 PORT UNITS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-5208, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5208. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. Except as provided in 9 subsection (8) of this section, from the state educational support program the 10 state department of education shall make the following apportionment to each 11 public charter school for each fiscal year based on attendance figures submit- 12 ted in a manner and time as required by the department of education: 13 (1) Per student support. Computation of support units for each public 14 charter school shall be calculated as if it were a separate school according 15 to the schedules in section 33-1002(4), Idaho Code, except that public charter 16 schools with fewer than one hundred (100) secondary ADA shall use a divisor of 17 twelve (12) and the minimum units shall not apply, and no public charter18school shall receive an increase in support units that exceeds the support19units it received in the prior year by more than thirty (30). Funding from the 20 state educational support program shall be equal to the total distribution 21 factor, plus the salary-based apportionment provided in chapter 10, title 33, 22 Idaho Code. Provided however, any public charter school that is formed by the 23 conversion of an existing traditional public school shall be assigned 24 divisors, pursuant to section 33-1002, Idaho Code, that are no lower than the 25 divisors of the school district in which the traditional public school is 26 located, for each category of pupils listed. 27 (2) Special education. For each student enrolled in the public charter 28 school who is entitled to special education services, the state and federal 29 funds from the exceptional child education program for that student that would 30 have been apportioned for that student to the school district in which the 31 public charter school is located. 32 (3) Alternative school support. Public charter schools may qualify under 33 the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the pub- 34 lic charter school meets the necessary statutory requirements, and students 35 qualify for attendance at an alternative school as provided by rule of the 36 state board of education. 37 (4) Transportation support. Support shall be paid to the public charter 38 school as provided in chapter 15, title 33, Idaho Code, and section 33-1006, 39 Idaho Code. Each public charter school shall furnish the department with an 40 enrollment count as of the first Friday in November, of public charter school 41 students living more than one and one-half (1 1/2) miles from the school. For 42 charter schools in the initial year of operation, the petition shall include a 43 proposal for transportation services with an estimated first year cost. The 2 1 state department of education is authorized to include in the annual appropri- 2 ation to the charter school eighty percent (80%) of the estimated transporta- 3 tion cost. The final appropriation payment in July shall reflect eighty-five 4 percent (85%) of the actual cost. 5 (5) Payment schedule. The state department of education is authorized to 6 make an advance payment of twenty-five percent (25%) of a public charter 7 school's estimated annual apportionment for its first year of operation, and 8 each year thereafter, provided the public charter school has an increase of 9 student population in any given year of twenty (20) students or more, to 10 assist the school with initial start-up costs or payroll obligations. 11 (a) For a state public charter school to receive the advance payment, the 12 school shall submit its anticipated fall membership for each grade level 13 to the state department of education by June 1. 14 (b) Using the figures provided by the public charter school, the state 15 department of education shall determine an estimated annual apportionment 16 from which the amount of the advance payment shall be calculated. Advance 17 payment shall be made to the school on or after July 1 but no later than 18 July 31. 19 (c) All subsequent payments, taking into account the one-time advance 20 payment made for the first year of operation, shall be made to the public 21 charter school in the same manner as other traditional public schools in 22 accordance with the provisions of section 33-1009, Idaho Code. 23 A public charter school shall comply with all applicable fiscal requirements 24 of law, except that the following provisions shall not be applicable to public 25 charter schools: section 33-1003B, Idaho Code, relating to guaranteed minimum 26 support; that portion of section 33-1004, Idaho Code, relating to reduction of 27 the administrative and instructional staff allowance when there is a discrep- 28 ancy between the number allowed and the number actually employed; and section 29 33-1004E, Idaho Code, for calculation of district staff indices. 30 (6) Nothing in this chapter shall be construed to prohibit any private 31 person or organization from providing funding or other financial assistance to 32 the establishment or operation of a public charter school. 33 (7) Nothing in this chapter shall prevent a public charter school from 34 applying for federal grant moneys. 35 (8) (a) For the period July 1, 2003, through June 30, 2005, all public 36 virtual schools shall be assigned divisors, pursuant to section 33-1002, 37 Idaho Code, that are no higher than the median divisor shown for each 38 respective category of pupils, among the possible divisors listed, for 39 each respective category of pupils that contains more than one (1) divi- 40 sor. If there is an even number of possible divisors listed for a particu- 41 lar category of pupils, then the lesser of the two (2) median divisors 42 shall be used. For the period July 1, 2005, through June 30, 2007, all 43 public virtual schools shall be assigned divisors, pursuant to section 44 33-1002, Idaho Code, that are no higher than the second highest divisor 45 shown, among the possible divisors listed, for each respective category of 46 pupils that contains more than one (1) divisor. The divisor provisions 47 contained herein shall only be applicable to the number of pupils in aver- 48 age daily attendance in such public virtual schools for the period July 1, 49 2003, through June 30, 2004. If the number of pupils in average daily 50 attendance in any particular category of pupils increases, during the 51 period July 1, 2004, through June 30, 2005, to a number above that which 52 existed in the prior fiscal year, then those additional pupils in average 53 daily attendance shall be assigned the divisor, pursuant to section 54 33-1002, Idaho Code, that would have otherwise been assigned to the school 55 district or public charter school had this section not been in force. 3 1 (b) Each student in attendance at a public virtual school shall be funded 2 based upon either the actual hours of attendance in the public virtual 3 school on a flexible schedule, or the percentage of coursework completed, 4 whichever is more advantageous to the school, up to the maximum of one (1) 5 full-time equivalent student. 6 (c) All federal educational funds shall be administered and distributed 7 to public charter schools, including public virtual schools, that have 8 been designated by the state board of education as a local education 9 agency (LEA), as provided in section 33-5203(7), Idaho Code. 10 (9) Nothing in this section prohibits separate face-to-face learning 11 activities or services.
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STATEMENT OF PURPOSE
RS 18158
The legislation 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 1 of the school
year prior to opening.
FISCAL NOTE
None.
Contact
Name: Jason Hancock, State Department of Education
Phone: 332-6800
STATEMENT OF PURPOSE/FISCAL NOTE H 685
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