2008 Legislation
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SENATE BILL NO. 1409<br /> – Alternative educ, support units

SENATE BILL NO. 1409

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Bill Status



S1409..........................................................by EDUCATION
ALTERNATIVE SCHOOL SUPPORT UNITS - Amends existing law to provide for
alternative school elementary and secondary support units; and to provide
for computation for alternative school elementary and secondary support
units.

02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Educ
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/03    3rd rdg - FAILED - 14-19-2
      AYES -- Andreason, Bastian, Bilyeu, Burkett, Coiner, Darrington,
      Davis, Heinrich, Kelly, Langhorst, Malepeai(Sagness), Schroeder,
      Stennett, Werk
      NAYS -- Bair, Broadsword, Cameron, Corder, Fulcher, Geddes, Goedde,
      Hammond, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague,
      McKenzie, Pearce, Richardson, Siddoway
      Absent and excused -- Gannon, Stegner
    Floor Sponsor - Acting Senator Sagness
    Filed in Office of the Secretary of Senate

Bill Text




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

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1409

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE PUBLIC SCHOOL EDUCATIONAL SUPPORT PROGRAM; PROVIDING  LEGISLA-
  3        TIVE INTENT; AMENDING SECTION 33-1002, IDAHO CODE, TO PROVIDE FOR ALTERNA-
  4        TIVE  SCHOOL  ELEMENTARY  AND  SECONDARY  SUPPORT UNITS AND COMPUTATION OF
  5        ALTERNATIVE ELEMENTARY AND SECONDARY SUPPORT UNITS AND TO  MAKE  TECHNICAL
  6        CORRECTIONS;  AMENDING SECTION 33-1002C, IDAHO CODE, TO PROVIDE FOR ALTER-
  7        NATIVE ELEMENTARY AND SECONDARY SUMMER SCHOOL PROGRAMS AND TO PROVIDE  FOR
  8        CALCULATION  FOR  THE  ALTERNATIVE SCHOOL ELEMENTARY AND SECONDARY SUPPORT
  9        UNITS; AND AMENDING SECTION 33-1002F, IDAHO CODE, TO PROVIDE FOR A  REPORT
 10        DETAILING  ALTERNATIVE  ELEMENTARY  AND  SECONDARY  SCHOOL PROGRAMS BY THE
 11        DEPARTMENT OF EDUCATION AND TO PROVIDE THAT EACH SCHOOL DISTRICT RECEIVING
 12        MONEYS PURSUANT TO THE ALTERNATIVE SCHOOL ELEMENTARY AND SECONDARY SUPPORT
 13        UNITS FACTOR SHALL FILE A REPORT.

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

 15        SECTION 1.  LEGISLATIVE INTENT. The purpose of this act is to address  the
 16    intensifying  need  of  Idaho  school districts to provide quality alternative
 17    education programs for at-risk students in kindergarten through grade 6.  Cur-
 18    rently  the  state  of Idaho funds alternative programs which are conducive to
 19    learning for at-risk students in grades 7-12. Idaho school districts and  sec-
 20    ondary  students in those districts benefit from the alternative program fund-
 21    ing that supports program flexibility at the local level. For a thorough  edu-
 22    cation,  elementary  students  should also have access to, and receive benefit
 23    from, programs designed to support the various academic, social and  emotional
 24    needs of younger students.

 25        SECTION  2.  That  Section 33-1002, Idaho Code, be, and the same is hereby
 26    amended to read as follows:

 27        33-1002.  EDUCATIONAL SUPPORT PROGRAM. The educational support program  is
 28    calculated as follows:
 29        (1)  State Educational Support Funds. Add the state appropriation, includ-
 30    ing  the moneys available in the public school income fund,  together with all
 31    miscellaneous revenues to determine the total state funds.
 32        (2)  From the total state funds subtract the following amounts needed  for
 33    state support of special programs provided by a school district:
 34        (a)  Pupil tuition-equivalency allowances as provided in section 33-1002B,
 35        Idaho Code;
 36        (b)  Transportation  support program as provided in section 33-1006, Idaho
 37        Code;
 38        (c)  Feasibility studies allowance as provided in section 33-1007A,  Idaho
 39        Code;
 40        (d)  The approved costs for border district allowance, provided in section
 41        33-1403,  Idaho  Code, as determined by the state superintendent of public
 42        instruction;

                                  2

  1        (e)  The approved costs for exceptional child approved contract allowance,
  2        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
  3        the state superintendent of public instruction;
  4        (f)  Certain expectant and delivered mothers allowance as provided in sec-
  5        tion 33-2006, Idaho Code;
  6        (g)  Salary-based apportionment calculated as provided in sections 33-1004
  7        through 33-1004F, Idaho Code;
  8        (h)  Unemployment insurance benefit payments according to  the  provisions
  9        of section 72-1349A, Idaho Code;
 10        (i)  For expenditure as provided by the public school technology program;
 11        (j)  For  employee severance payments as provided in section 33-521, Idaho
 12        Code;
 13        (k)  For distributions to the Idaho digital learning academy  as  provided
 14        in section 33-1020, Idaho Code;
 15        (kl)  For the support of provisions that provide a safe environment condu-
 16        cive  to student learning and maintain classroom discipline, an allocation
 17        of $300 per support unit; and
 18        (lm)  Any additional amounts as required by statute to effect  administra-
 19        tive adjustments or as specifically required by the provisions of any bill
 20        of appropriation;
 21    to secure the total educational support distribution funds.
 22        (3)  Average  Daily  Attendance.  The total state average daily attendance
 23    shall be the sum of the average daily attendance of all  of  the  school  dis-
 24    tricts  of  the state. The state board of education shall establish rules set-
 25    ting forth the procedure to determine average daily attendance  and  the  time
 26    for, and method of, submission of such report. Average daily attendance calcu-
 27    lation  shall  be carried out to the nearest hundredth. Computation of average
 28    daily attendance shall also be governed by the provisions of section 33-1003A,
 29    Idaho Code.
 30        (4)  Support Units. The total state support units shall be  determined  by
 31    using  the tables set out hereafter called computation of kindergarten support
 32    units, computation of elementary support units, computation of secondary  sup-
 33    port  units,  computation of exceptional education support units, and computa-
 34    tion of alternative school elementary and secondary support units. The sum  of
 35    all  of  the total support units of all school districts of the state shall be
 36    the total state support units.
 37                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
 38    Average Daily
 39    Attendance            Attendance Divisor         Units Allowed
 40    41 or more     ....   40.......................  1 or more as computed
 41    31 -  40.99 ADA....    -.......................  1
 42    26 -  30.99 ADA....    -.......................   .85
 43    21 -  25.99 ADA....    -.......................   .75
 44    16 -  20.99 ADA....    -.......................   .6
 45     8 -  15.99 ADA....    -.......................   .5
 46     1 -   7.99 ADA....    -.......................  count as elementary

                                  3

  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 ELEMENTARY AND 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 elementary and secondary support units shall  be  applicable  only
 48    for  programs  approved  by  the state department of education following rules
 49    established by the state board of education. Moneys generated from computation
 50    of support units for alternative schools shall  be  utilized  for  alternative
 51    school  programs.  School  district  administrative  and facility costs may be

                                  4

  1    included as 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 elementary and second-
 15             ary students. Calculations in application of this subsection shall be
 16             carried out 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 3.  That Section 33-1002C, Idaho Code, be, and the same is  hereby

                                  5

  1    amended to read as follows:

  2        33-1002C.  SUMMER  SCHOOL  PROGRAM SUPPORT UNITS -- ALTERNATIVE ELEMENTARY
  3    AND SECONDARY SCHOOL -- JUVENILE DETENTION FACILITY. (1)  Alternative  elemen-
  4    tary and secondary summer school programs of not less than two hundred twenty-
  5    five  (225)  hours  of instruction, which shall be included in the educational
  6    support units calculated as provided in section 33-1002, Idaho  Code,  may  be
  7    established  as  approved  by  the state board of education. The average daily
  8    attendance divided by forty (40) shall determine the number of allowable  sup-
  9    port  units  which  shall be included in the alternative school elementary and
 10    secondary support units calculated for the school district for the  succeeding
 11    school term.
 12        (2)  Districts  which  educate  pupils placed by court order in a juvenile
 13    detention facility may establish  a  summer  school  program  which  shall  be
 14    included  in  the  educational support units calculated as provided in section
 15    33-1002, Idaho Code. The average daily attendance  divided by forty (40) shall
 16    determine the number of allowable support units which shall be included in the
 17    exceptional education school support units calculated for the school  district
 18    for the succeeding school term.
 19        (3)  Average  daily  attendance and the support units so generated by this
 20    section shall not be included in or  subject  to  the  provisions  of  section
 21    33-1003, Idaho Code, and shall be included as an addition to any other support
 22    units generated pursuant to Idaho Code.

 23        SECTION  4.  That Section 33-1002F, Idaho Code, be, and the same is hereby
 24    amended to read as follows:

 25        33-1002F.  ALTERNATIVE SCHOOL REPORT. Annually, prior to the tenth  legis-
 26    lative  day,  the  department  of  education shall file with the legislature a
 27    report detailing the alternative  elementary  and  secondary  school  programs
 28    within  the  state. On July 1 of each year, or as soon thereafter as feasible,
 29    each school district receiving moneys pursuant to the alternative school  ele-
 30    mentary  and secondary support units factor in section 33-1002, Idaho Code, or
 31    section 33-1002C, Idaho Code, shall file with the state department  a  compre-
 32    hensive  report  of the amount of money received in the district, the expendi-
 33    ture on alternative school programs, and the programs provided. This  informa-
 34    tion shall be compiled by the department for transmission to the legislature.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17810

In providing a thorough education, elementary students should
have access to and receive benefit from programs designed to
support the various academic, social and emotional needs of
younger students. This legislation recognizes that there is
increasing emphasis on standards, accountability, and excellence,
demanding better outcomes for students in classrooms and schools,
and that a significant number of students struggle with
traditional school organization and culture.  It further
acknowledges the logical connection between early treatment,
increased student success for at risk students, and fewer school
discipline disruptions.  This bill addresses the intensifying
needs of Idaho school districts to provide alternative education
programs for at-risk students in grades K-6.  Currently the State
of Idaho funds alternative programs which are conducive to
learning for at-risk students in grades 7-12.  Idaho school
districts and secondary students in those districts benefit from
the alternative program funding that provides program flexibility
at the local level. 


                           FISCAL NOTE

This legislation would have an estimated fiscal impact of an
additional $1,098,284 a year needed in the Department of
Education budget.  These funds over time, may well be offset by
the decrease in the number of students served at the secondary
level by addressing these barriers to learning at an earlier age. 






Contact
Name: Senator Richard  Dick' Sagness 
Phone: 332-1390 


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1409