TITLE 33

EDUCATION

CHAPTER 10

FOUNDATION PROGRAM — STATE AID — APPORTIONMENT

33-1009.  Payments from the public school income fund. 

1.  a. Payments of the state general account appropriation for public school support shall be made each year by the state department of education to the public school districts of the state in four (4) payments. Payments to the districts shall be made not later than the fifteenth day of August, the fifteenth day of November, the fifteenth day of February, and the fifteenth day of May each year. The first payment by the state department of education shall be approximately fifty percent (50%) of the total general account appropriation for the fiscal year, while the second and third payments shall be approximately twenty percent (20%) each, and the fourth payment approximately ten percent (10%) respectively, except as provided for in section 33-5209C, Idaho Code. Amounts apportioned due to a special transfer to the public school income fund to restore or reduce a deficiency in the prior year’s transfer pursuant to subsection 4. of this section shall not be subject to this limitation.

b.  Payments of moneys, other than the state general account appropriation, that accrue to the public school income fund shall be made by the state department of education to the school districts of the state on the fifteenth day of November, February, May and July each year. The total amount of such payments shall be determined by the state department of education and shall not exceed the amount of moneys available and on deposit in the public school income fund at the time such payment is made.

c.  Amounts apportioned due to a special transfer to the public school income fund to restore or reduce a deficiency in the prior year’s transfer pursuant to subsection 4. of this section shall not be subject to the limitation imposed by paragraphs a. and b. of this subsection.

2.  Payments made to the school districts in August and November are advance payments for the current year and may be based upon payments from the public school income fund for the preceding school year. Each school district may receive its proportionate share of the advance payments in the same ratio that its total payment for the preceding year was to the total payments to all school districts for the preceding year.

3.  No later than the fifteenth day of February in each year, the state department of education shall compute the state distribution factor based on the total average daily attendance through the first Friday in November. The factor will be used in payments of state funds in February and May. Attendance shall be reported in a format and at a time specified by the state department of education.

As of the thirtieth day of June of each year the state department of education shall determine final payments to be made on July fifteenth next succeeding to the several school districts from the public school income fund for the school year ended June 30. The July payments shall take into consideration:

a.  The average daily attendance of the several school districts for the twenty-eight (28) best weeks of the school year completed not later than the thirtieth of June;

b.  All funds available in the public school income fund for the fiscal year ending on the thirtieth of June;

c.  All payments distributed for the current fiscal year to the several school districts;

d.  The adjustment based on the actual amount of discretionary funds per support unit required by the provisions of section 33-1018, Idaho Code;

e.  Payments made or due for the transportation support program and the exceptional education support program. The state department of education shall apportion and direct the payment to the several school districts the moneys in the public school income fund in each year, taking into account the advance made under subsection 2. of this section, in such amounts as will provide in full for each district its support program, and not more than therefor required, and no school district shall receive less than fifty dollars ($50.00).

4.  If the full amount appropriated to the public school income fund from the general account by the legislature is not transferred to the public school income fund by the end of the fiscal year, the deficiency resulting therefrom shall either be restored or reduced through a special transfer from the general account in the first sixty (60) days of the following fiscal year, or shall be calculated in computing district levies, and any additional levy shall be certified by the state superintendent of public instruction to the board of county commissioners and added to the district’s maintenance and operation levy. If the deficiency is restored or reduced by special transfer, the amount so transferred shall be in addition to the amount appropriated to be transferred in such following fiscal year and shall be apportioned to each school district in the same amount as each would have received had the transfer been made in the year the deficiency occurred. The state department of education shall distribute to the school district the full amount of the special transfer as soon as practical after such transfer is made. In making the levy computations required by this subsection the state department of education shall take into account and consider the full amount of money receipted into the public school income fund from all sources for the given fiscal year. Deficits in the transfer of the appropriated amount of general account revenue to the public school income fund shall be reduced by the amount, if any, that the total amount receipted from other sources into the public school income fund exceeds the official estimated amount from those sources. The official estimate of receipts from other sources shall be the total amount stated by the legislature in the appropriation bill. The provisions of this subsection shall not apply to any transfers to or from the public education stabilization fund.

5.  Any apportionments in any year, made to any school district, which may within the succeeding three (3) year period be found to have been in error either of computation or transmittal, may be corrected during the three (3) year period by reduction of apportionments to any school district to which over-apportionments may have been made or received, and corresponding additions to apportionments to any school district to which under-apportionments may have been made or received.

History:

[33-1009, added 1963, ch. 13, sec. 133, p. 27; am. 1963, ch. 322, sec. 9, p. 919; am. 1967, ch. 243, sec. 1, p. 707; am. 1969, ch. 144, sec. 1, p. 466; am. 1972, ch. 352, sec. 5, p. 1040; am. 1979, ch. 254, sec. 9, p. 671; am. 1980, ch. 179, sec. 10, p. 392; am. 1981, ch. 185, sec. 1, p. 329; am. 1983, ch. 4, sec. 10, p. 10; am. 1983, ch. 147, sec. 1, p. 399; am. 1984, ch. 180, sec. 2, p. 427; am. 1985, ch. 107, sec. 8, p. 203; am. 1996, ch. 322, sec. 26, p. 1057; am. 1997, ch. 90, sec. 1, p. 215; am. 2003, ch. 372, sec. 12, p. 995; am. 2007, ch. 350, sec. 6, p. 1029; am. 2012, ch. 340, sec. 3, p. 951; am. 2013, ch. 343, sec. 1, p. 908; am. 2014, ch. 273, sec. 1, p. 681.]