TITLE 33

EDUCATION

CHAPTER 10

FOUNDATION PROGRAM — STATE AID — APPORTIONMENT

33-1001.  Definitions. As used in this chapter:

(1)  "Administrative schools" means and applies to all elementary schools and kindergartens within a district that are situated ten (10) miles or less from both the other elementary schools and the principal administrative office of the district and all secondary schools within a district that are situated fifteen (15) miles or less from other secondary schools of the district.

(2)  "Administrative staff" means those who hold an administrator certificate and are employed as a superintendent, an elementary or secondary school principal, or are assigned administrative duties over and above those commonly assigned to teachers.

(3)  "At-risk student" means a student in grades 6 through 12 who:

(a)  Meets at least three (3) of the following criteria:

(i)   Has repeated at least one (1) grade;

(ii)  Has absenteeism greater than ten percent (10%) during the preceding semester;

(iii) Has an overall grade point average less than 1.5 on a 4.0 scale prior to enrolling in an alternative secondary program;

(iv)  Has failed one (1) or more academic subjects in the past year;

(v)   Is below proficient, based on local criteria, standardized tests, or both;

(vi)  Is two (2) or more credits per year behind the rate required to graduate or for grade promotion; or

(vii) Has attended three (3) or more schools within the previous two (2) years, not including dual enrollment; or

(b)  Meets any of the following criteria:

(i)   Has documented substance abuse or a pattern of substance abuse;

(ii)  Is pregnant or a parent;

(iii) Is an emancipated youth or unaccompanied youth;

(iv)  Is a previous dropout;

(v)   Has a serious personal, emotional, or medical issue or issues;

(vi)  Has a court or agency referral; or

(vii) Demonstrates behavior detrimental to the student’s academic progress.

(4)  "Average daily attendance" or "pupils in average daily attendance" means the aggregate number of days enrolled students are present, divided by the number of days of school in the reporting period; provided, however, that students for whom no Idaho school district is a home district shall not be considered in such computation.

(5)  "Career ladder" means the compensation table used for determining the allocations districts receive for instructional staff and pupil service staff based on specific performance criteria and is made up of a residency compensation rung and a professional compensation rung.

(6)  "Child with a disability" means a child evaluated as having an intellectual disability, a hearing loss including deafness, a speech or language impairment, a visual impairment including blindness, an emotional behavioral disorder, an orthopedic impairment, autism, a traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities and who, by reason thereof, needs special education and related services.

(7)  "Compensation rung" means the rung on the career ladder that corresponds with the compensation level performance criteria.

(8)  "Economically disadvantaged student" means a student who:

(a)  Is eligible for a free or reduced-price lunch under the Richard B. Russell national school lunch act, 42 U.S.C. 1751 et seq., excluding students who are eligible only through a school’s community eligibility program;

(b)  Resides with a family receiving assistance under the program of block grants to states for temporary assistance for needy families (TANF) established under part A of title IV of the social security act, 42 U.S.C. 601 et seq.;

(c)  Is eligible to receive medical assistance under the medicaid program under title XIX of the social security act, 42 U.S.C. 1396 et seq.; or

(d)  Is considered homeless for purposes of the federal McKinney-Vento homeless assistance act, 42 U.S.C. 11301 et seq.

(9) "Elementary grades" or "elementary average daily attendance" means and applies to students enrolled in grades 1 through 6, inclusive, or any combination thereof.

(10) "Elementary schools" are schools that serve grades 1 through 6, inclusive, or any combination thereof.

(11) "Elementary/secondary schools" are schools that serve grades 1 through 12, inclusive, or any combination thereof.

(12) "English language learner" or "ELL" means a student who does not score proficient on the English language development assessment established by rule of the state board of education.

(13) "Gifted and talented" shall have the same meaning as provided in section 33-2001(4), Idaho Code.

(14) "Homebound student" means any student who would normally and regularly attend school but is confined to home or hospital because of an illness or accident for a period of ten (10) or more consecutive days.

(15) "Instructional staff" means those who hold an Idaho certificate issued under section 33-1201, Idaho Code, and who are either involved in the direct instruction of a student or group of students or who serve in a mentor or teacher leader position for individuals who hold an Idaho certificate issued under section 33-1201, Idaho Code.

(16) "Kindergarten" or "kindergarten average daily attendance" means and applies to all students enrolled in a school year, less than a school year, or summer kindergarten program.

(17) "Local salary schedule" means a compensation table adopted by a school district or public charter school, which table is used for determining moneys to be distributed for instructional staff and pupil service staff salaries. Minimum compensation provided under a local salary schedule shall be at least equal to the minimum amounts established pursuant to section 33-1004E, Idaho Code.

(18) "Measurable student achievement" means the measurement of student academic achievement or growth within a given interval of instruction for those students who have been enrolled in and attended eighty percent (80%) of the interval of instruction. Measures and targets shall be chosen at the school level in collaboration with the staff member impacted by the measures and applicable district staff and approved by the school board. Measures and targets must also align with the performance measures and benchmarks in the continuous improvement plan described in section 33-320, Idaho Code. The most effective measures and targets are those generated as close to the actual work as possible. Targets may be based on grade- or department-level achievement or growth goals that create collaboration within groups. Individual measurable student achievement targets and the percentage of students meeting individual targets must be reported annually to the state. Assessment tools that may be used for measuring student achievement and growth include:

(a)  Idaho standards achievement test (ISAT), including interim ISAT assessments;

(b)  Student learning objectives;

(c)  Teacher-constructed assessments of student growth;

(d)  Pre- and post-tests, including district-adopted tests;

(e)  Performance-based assessments;

(f)  Idaho reading indicator, which will be one (1) of the required assessment tools for applicable staff;

(g)  College entrance exams or preliminary college entrance exams such as PSAT, SAT, PACT, and ACT;

(h)  Advanced placement exams;

(i)  Career technical exams;

(j)  Number of business or industry certificates or credentials earned by students in an approved career technical education program;

(k)  Number of students completing career technical education capstone courses; and

(l)  Number of students enrolled in career technical education courses that are part of a program that culminates with business or industry certificates or credentials.

(19) "Performance criteria" means the standards specified for instructional staff and pupil service staff to demonstrate teaching proficiency for a given compensation rung. Each element of the professional compensation rung and advanced professional compensation rung performance criteria, as identified in this section and as applicable to a staff member’s position, shall be documented, reported, and subject to review for determining movement on the career ladder.

(20)(a)  "Professional compensation rung performance criteria" means:

(i)   An overall rating of proficient or higher, and no components rated as unsatisfactory, on the state framework for teaching evaluation or equivalent for pupil service staff or principal or other school level administrator evaluation aligned to the state framework for teaching evaluation; and

(ii)  Demonstrating the majority of students have met measurable student achievement targets or student success indicator targets.

(b)  "Advanced professional compensation rung performance criteria" means:

(i)   An overall rating of proficient or higher, no components rated as unsatisfactory or basic, and rated as distinguished overall in domain two — classroom environment or domain three — instruction and use of assessment on the state framework for teaching evaluation or equivalent for pupil service staff or principal or other school level administrator evaluation aligned to the state framework for teaching evaluation; and

(ii)  Demonstrating seventy-five percent (75%) or more of their students have met their measurable student achievement targets or student success indicator targets.

(21) "Public school district" or "school district" or "district" means any public school district organized under the laws of this state, including specially chartered school districts.

(22) "Pupil service staff" means those who provide services to students, but are not involved in direct instruction of those students, and hold a pupil personnel services certificate.

(23) "School board" means a school district board of trustees or the board of directors of a public charter school.

(24) "Secondary grades" or "secondary average daily attendance" means and applies to students enrolled in grades 7 through 12, inclusive, or any combination thereof.

(25) "Secondary schools" are schools that serve grades 7 through 12, inclusive, or any combination thereof.

(26) "Separate elementary school" means an elementary school located more than ten (10) miles on an all-weather road from both the nearest elementary school and elementary/secondary school serving like grades within the same school district and from the location of the office of the superintendent of schools of such district, or from the office of the chief administrative officer of such district if the district employs no superintendent of schools.

(27) "Separate kindergarten" means a kindergarten located more than ten (10) miles on an all-weather road from both the nearest kindergarten school within the same school district and from the location of the office of the superintendent of schools of such district, or from the office of the chief administrative officer of such district if the district employs no superintendent of schools.

(28) "Separate secondary school" means any secondary school located more than fifteen (15) miles on an all-weather road from any other secondary school and elementary/secondary school serving like grades operated by the district.

(29) "Special education" means specially designed instruction or speech/language therapy at no cost to the parent to meet the unique needs of a student who is a child with a disability, including instruction in the classroom, the home, hospitals, institutions, and other settings; instruction in physical education; speech therapy and language therapy; transition services; travel training; assistive technology services; and vocational education.

(30) "Student learning plan" means a plan that outlines a student’s program of study, which should include a rigorous academic core and a related sequence of electives in academics, career technical education, or humanities aligned with the student’s post-graduation goals.

(31) "Student success indicators" means measurable indicators of student achievement or growth, other than academic, within a predefined interval of time for a specified group of students. Measures and targets shall be chosen at the district or school level in collaboration with the pupil service staff member impacted by the measures and applicable district staff. Individual measurable student achievement targets and the percentage of students meeting each target must be reported annually to the state. Student success indicators include:

(a)  Quantifiable goals stated in a student’s 504 plan or individualized education plan.

(b)  Quantifiable goals stated in a student’s behavior improvement plan.

(c)  School- or district-identified measurable student objectives for a specified student group or population.

(d)  The percentage of students who create student learning plans in grade 8 or who annually update their student learning plans thereafter.

(e)  The percentage of students who satisfactorily complete one (1) or more advanced opportunities options as identified in section 33-4602, Idaho Code, or who earn business or industry certificates or credentials. This indicator shall be one (1) of the required indicators for applicable staff.

(32) "Support program" means the educational support program as described in section 33-1002, Idaho Code, the transportation support program described in section 33-1006, Idaho Code, and the exceptional education support program as described in section 33-1007, Idaho Code.

(33) "Support unit" means a function of average daily attendance used in the calculations to determine financial support provided to the public school districts.

(34) "Teacher" means any person employed in a teaching, instructional, supervisory, educational administrative or educational and scientific capacity in any school district. In case of doubt, the state board of education shall determine whether any person employed requires certification as a teacher.

History:

[33-1001, added 1980, ch. 179, sec. 2, p. 382; am. 2000, ch. 266, sec. 1, p. 743; am. 2003, ch. 299, sec. 3, p. 817; am. 2006, ch. 244, sec. 5, p. 746; am. 2015, ch. 229, sec. 1, p. 701; am. 2016, ch. 245, sec. 1, p. 642; am. 2017, ch. 266, sec. 1, p. 661; am. 2019, ch. 328, sec. 2, p. 971; am. 2020, ch. 12, sec. 1, p. 19; am. 2020, ch. 270, sec. 1, p. 782; am. 2020, ch. 272, sec. 1, p. 796; am. 2021, ch. 207, sec. 3, p. 564; am. 2021, ch. 213, sec. 1, p. 582; am. 2022, ch. 83, sec. 1, p. 237.]