T33CH10

Title 33 > T33CH10

Sections (46)

33-1001

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

33-1002

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1002. Educational support program. The educational support program is calculated as follows: (1) State Educational Support Funds. Add the state appropriation, including the moneys available in the public school income fund, together with all miscellaneous revenues to determine the total state funds. (2) From the total state funds subtract the following amounts needed for state support of special programs provided by a school district: (a) Pupil tuition-equivalency allowances as provided in section 33-1002B , Idaho Code; (b) Transportation support program as provided in section 33-1006 , Idaho Code; (c) Feasibility studies allowance as provided in section 33-1007A , Idaho Code; (d) The approved costs for border district allowance, provided in section 33-1403 , Idaho Code, as determined by the state superintendent of public instruction; (e) The approved costs for exceptional child approved contract allowance, provided in subsection 2. of section 33-2004 , Idaho Code, as determined by the state superintendent of public instruction; (f) Salary-based apportionment calculated as provided in sections 33-1004 through 33-1004F , Idaho Code; (g) Unemployment insurance benefit payments according to the provisions of section 72-1349A , Idaho Code; (h) For expenditure as provided by the public school technology program; (i) For employee severance payments as provided in section 33-521 , Idaho Code; (j) For distributions to the Idaho digital learning academy as provided in section 33-1020 , Idaho Code; (k) For charter school facilities funds and reimbursements paid pursuant to section 33-5207 , Idaho Code; (l) For an online course portal as provided for in section 33-1024 , Idaho Code; (m) For advanced opportunities as provided for in chapter 46, title 33 , Idaho Code; (n) For additional math and science courses for high school students as provided in section 33-1021 , Idaho Code; (o) For master teacher premiums as provided in section 33-1004I , Idaho Code; (p) For the support of provisions that provide a safe environment conducive to student learning and maintain classroom discipline, an allocation of three hundred dollars ($300)persupportunit;(q)Anamountspecifiedintheappropriationbillforthepublicschoolseducationalsupportprogramforcounselingsupportasprovidedforinsection33-1212A,IdahoCode,shallbedistributedforgrades8through12asfollows:(i)Forschooldistrictsandpubliccharterschoolswithonehundred(100)ormorestudentsenrolledingrades8through12,aproratadistributionbasedonstudentsenrolledingrades8through12oreighteenthousanddollars($18,000), whichever is greater; (ii) For school districts and public charter schools with fewer than one hundred (100) students enrolled in grades 8 through 12, one hundred eighty dollars ($180)perstudentenrolledingrades8through12orninethousanddollars($9,000), whichever is

33-1002B

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1002B. Pupil tuition-equivalency allowances. 1. Districts which educate pupils placed by Idaho court order in licensed homes, agencies, institutions or juvenile detention facilities shall be eligible for an allowance equivalent to forty-two percent (42%) of the previous year’s gross per pupil cost calculated on a daily basis. This district allowance shall be in addition to support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction. 2. Districts which educate pupils placed by Idaho court order in a juvenile detention facility with a summer school program shall be eligible for an allowance equivalent to one-half (1/2) of forty-two percent (42%) of the previous year’s gross per pupil cost calculated on a daily basis. This district allowance shall be in addition to support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction. 3. Districts which educate school age special education students who, due to the nature and severity of their disabilities, are residing in licensed public or private residential facilities or homes, and whose parents are not patrons of the district, shall be eligible for an allowance equivalent to forty-two percent (42%) of the previous year’s gross per pupil cost per child plus the excess cost rate that is annually determined by the state superintendent of public instruction. This district allowance shall be in addition to exceptional education support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction. 4. For school age special education students from outside the state of Idaho who, due to the nature and severity of their disabilities, are residing in licensed public or private residential facilities within the state of Idaho, the local school district shall provide education services to such students if requested by the licensed public or private residential facility, provided that the local school district has been given the opportunity to provide input on any federally required education plans for any such students. A local school district providing education services for such students shall sign a contract with any such licensed public or private residential facilities, which contract shall delineate the education services to be provided by the local school district and the amount to be paid by the licensed public or private residential facility. The amount paid shall be equal to the local school district’s full cost of providing the education services delineated by the contract, as determined by the local school district. Such students shall be excluded from all average daily attendance and other reports provided to the state that w

33-1002C

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1002C. Summer and night school program support units — Alternative school — Juvenile detention facility. (1) Alternative summer or night school programs of not less than two hundred twenty-five (225) hours of instruction, which shall be included in the educational support units calculated as provided in section 33-1002 , Idaho Code, may be established as approved by the state board of education. The average daily attendance divided by forty (40) shall determine the number of allowable support units which shall be included in the alternative school support units calculated for the school district for the succeeding school term. (2) For any alternative school designated pursuant to section 46-805 , Idaho Code, full-term average daily attendance shall be used to calculate support units for each cohort of students that meets the minimum instructional hours requirement provided for in section 33-512 , Idaho Code. The support units so calculated shall be used for all state funding formulas in which support units are used. (3) Districts that educate pupils placed by court order in a juvenile detention facility may establish a summer or night school program that shall be included in the educational support units calculated as provided in section 33-1002 , Idaho Code. The average daily attendance divided by forty (40) shall determine the number of allowable support units that shall be included in the exceptional education school support units calculated for the school district for the succeeding school term. (4) Average daily attendance and the support units generated by this section shall not be included in or subject to the provisions of section 33-1003 , Idaho Code, and shall be included as an addition to any other support units generated pursuant to Idaho Code. History: [33-1002C, added 1990, ch. 204, sec. 1, p. 457; am. 1992, ch. 42, sec. 1, p. 143; am. 1996, ch. 146, sec. 2, p. 482; am. 2001, ch. 252, sec. 2, p. 917; am. 2002, ch. 154, sec. 1, p. 449; am. 2005, ch. 255, sec. 5, p. 783; am. 2013, ch. 268, sec. 1, p. 696; am. 2015, ch. 302, sec. 2, p. 1186; am. 2019, ch. 328, sec. 3, p. 975.]

33-1002E

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1002E. Pupils attending school in another state. In any school district which abuts upon the border of another state, the resident pupils of said district may attend schools in the other state as provided in section 33-1403 , Idaho Code. History: [(33-1002E) 1963, ch. 13, sec. 126, p. 27; am. 1963, ch. 322, sec. 4, p. 919; am. 1980, ch. 179, sec. 5, p. 390; am. and redesig. 1994, ch. 428, sec. 4, p. 1375; am. 2002, ch. 287, sec. 1, p. 833.]

33-1002F

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1002F. Alternative school report. Annually, prior to the tenth legislative day, the department of education shall file with the legislature a report detailing the alternative school programs within the state. On July 1 of each year, or as soon thereafter as feasible, each school district receiving moneys pursuant to the alternative school support units factor in section 33-1002 , Idaho Code, or section 33-1002C , Idaho Code, shall file with the state department a comprehensive report of the amount of money received in the district, the expenditure on alternative school programs, and the programs provided. This information shall be compiled by the department for transmission to the legislature. History: [(33-1002F) 33-1002D, added 1995, ch. 108, sec. 1, p. 341; am. and redesig. 1996, ch. 146, sec. 3, p. 482; am. 2015, ch. 302, sec. 3, p. 1187.]

33-1002G

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1002G. career technical center funding and eligibility. (1) School districts, public charter schools, and eligible cooperative service agencies may establish career technical centers that qualify for funding appropriated for the specific purpose of supporting the added cost of career technical centers. These funds will be appropriated to the state board for career technical education, to be expended by the division of career technical education. In order for a center to qualify for funding as a career technical center, it must make application to the division of career technical education on or before the fifteenth of April for the following fiscal year. This includes applicants for new centers and renewal applications. Approved public charter schools with career technical education programs will receive the same added cost unit as any other eligible center on an actual approved cost basis not to exceed the per-student cost for a traditional instructional delivery method. All career technical centers must meet all three (3) of the following criteria: (a) The program serves students from two (2) or more high schools. No one (1) high school can comprise more than eighty-five percent (85%) of the total enrolled career technical center students, unless it is a new program in the first or second year of operation. During the first year of operation of a new program, no more than one (1) high school may comprise more than ninety-five percent (95%) of the total enrolled career technical students and no more than ninety percent (90%) of the total enrolled career technical students during the second year of operation. In the event a student enrolled in the career technical center is not enrolled in a public high school or is attending the sponsoring school district’s high school through the school district’s open enrollment policy for the purpose of accessing the career technical education program, the eighty-five percent (85%) will be calculated based on the public high school attendance area where the student resides. This provision does not exclude a public charter school with a statewide boundary from applying for appropriate added cost funds authorized for career technical education, irrespective of the instructional delivery method. In the event an existing career technical program that has been in operation for more than three (3) years should have the enrollment of career technical students increase to more than eighty-five percent (85%) in a single year, the division of career technical education may choose, with an approved enrollment plan, to use the program’s three (3) year rolling average enrollment between participating high schools for determining eligibility. (b) The majority of the program’s offerings lead to some form of postsecondary credit, such as dual credit or other advanced opportunities, as defined by the state board of education, or include apprentice

33-1003

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1003. special application of educational support program. (1) Decrease in Average Daily Attendance. — For any school district that has a decrease in total average daily attendance of three percent (3%) or more of its average daily attendance in the current school year from the total average daily attendance used for determining the allowance in the educational support program for the prior school year, the allowance of funds from the educational support program may be based on the average daily attendance of the prior school year, less three percent (3%). When this provision is applied, the decrease in average daily attendance shall be proportionately distributed among the various categories of support units that are appropriate for the district. After applying the provisions of this subsection, the state department of education shall calculate the percentage of additional statewide support units to total statewide support units and shall then reduce each school district’s support units by this uniform percentage. The provisions of this subsection shall not apply to public charter schools. (2) Application of Support Program to Separate Schools/Attendance Units in District. (a) Separate Elementary School. — Any separate elementary school shall be allowed to participate in the educational support program as though the school were the only elementary school operated by the district. (b) Hardship Elementary School. — Upon application of the board of trustees of a school district, the state board of education is empowered to determine that a given elementary school or elementary schools within the school district, not otherwise qualifying, are entitled to be counted as a separate elementary school as defined in section 33-1001 , Idaho Code, when, in the discretion of the state board of education, special conditions exist warranting the retention of the school as a separate attendance unit and the retention results in a substantial increase in cost per pupil in average daily attendance above the average cost per pupil in average daily attendance of the remainder of the district’s elementary grade school pupils. An elementary school operating as a previously approved hardship elementary school shall continue to be considered as a separate attendance unit, unless the hardship status of the elementary school is rescinded by the state board of education. (c) Separate Secondary School. — Any separate secondary school shall be allowed to participate in the educational support program as though the school were the only secondary school operated by the district. (d) Elementary/Secondary School Attendance Units. — Elementary grades in an elementary/secondary school will be funded as a separate attendance unit if all elementary grades served are located more than ten (10) miles distance by an all-weather road from both the nearest like elementary grades within the same school distric

33-1003A

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1003A. Calculation of average daily attendance. In computing the average daily attendance the entire school year shall be used except that the twenty-eight (28) weeks having the highest average daily attendance, not necessarily consecutive, may be used. When a school is closed, or if a school remains open but attendance is significantly reduced because of storm, flood, failure of the heating plant, loss or damage to the school building, quarantine or order of any city, county or state health agency, or for reason believed by the board of trustees to be in the best interests of the health, safety or welfare of the pupils, the board of trustees having certified to the state department of education the cause and duration of such closure or impacted attendance, the average daily attendance for such day or days of closure or impacted attendance shall be considered as being the same as for the days when the school actually was in session or when attendance was not impacted. A decision by the state department to disallow such a consideration shall be subject to appeal to the state board of education. For illness or accident that necessitates an absence from school for more than ten (10) consecutive school days, the school district may include homebound students in its total attendance, provided that academic instruction has been given by appropriate certified professional staff employed by the district. History: [33-1003A, added 1995, ch. 306, sec. 6, p. 1066.]

33-1003C

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1003C. Special application — Technological instruction. In order to acquire and maintain technology for individualized computer and/or distance learning programs, a school district may use students’ documented contact hours on individualized computer education or distance learning programs in determining the district’s average daily attendance, whether the student is actually in the computer lab or distance learning center, or has logged on to the computer from another location. A district’s technology instruction programs shall be subject to the following provisions: (1) The certification requirements for an alternative school using the individualized computer education or distance learning program may be met by having a properly certificated teacher available on a consultant tutorial basis. The consultant tutors will be available by telephone, fax, e-mail, or in person at the school site on a daily basis. (2) Districts claiming average daily attendance pursuant to this section shall submit annual evaluations of the program to the state board of education. (3) Districts may offer individualized computer education or distance learning programs on a calendar which may differ from the rest of the district’s instruction, but in no case may a district claim more average daily attendance for a student than the full-time equivalency of a regular term of attendance for a single student. (4) Nonalternative high school students may receive individualized computer education or distance learning instruction and credit through an alternative school site. History: [33-1003C, added 1998, ch. 273, sec. 1, p. 903; am. 2000, ch. 366, sec. 1, p. 1215; am. 2001, ch. 255, sec. 1, p. 921.]

33-1004

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004. Staff allowance. For each school district, a staff allowance shall be determined as follows: (1) Using the daily attendance reports that have been submitted for computing the February 15 apportionment of state funds as provided in section 33-1009 , Idaho Code, calculate the total support units for the district in the manner provided in section 33-1002 (6)(a), Idaho Code. If the support units used to calculate discretionary funding pursuant to sections 33-1009 and 33-1018 , Idaho Code, are at least three percent (3%) greater, seventy-five percent (75%) of the difference shall be added to the support units used for the February 15 apportionment of state funds; (2) Determine the instructional staff allowance by multiplying the support units by 1.021. A district must demonstrate that it actually employs the number of certificated instructional staff allowed, except as provided in subsection (6)(f) and (g) of this section. If the district does not employ the number allowed, the staff allowance shall be reduced to the actual number employed, except as provided in subsection (6)(f) and (g) of this section; (3) Determine the pupil service staff allowance by multiplying the support units by.079; (4) Determine the administrative staff allowance by multiplying the support units by .075; (5) Determine the classified staff allowance by multiplying the support units by .375; (6) Additional conditions governing staff allowance: (a) In determining the number of staff in subsections (2), (3), (4) and (5) of this section, a district may contract separately for services to be rendered by nondistrict employees and such employees may be counted in the staff allowance. A nondistrict employee means a person for whom the school district does not pay the employer’s obligations for employee benefits. When a district contracts for the services of a nondistrict employee, only the salary portion of the contract shall be allowable for computations. (b) If there are circumstances preventing eligible use of staff allowance to which a district is entitled as provided in subsections (2), (3) and (4) of this section, an appeal may be filed with the state department of education outlining the reasons and proposed alternative use of these funds, and a waiver may be granted. (c) For any district with less than forty (40) support units: (i) The instructional staff allowance shall be calculated applying the actual number of support units. If the actual instructional staff employed in the school year is greater than the instructional staff allowance, then the instructional staff allowance shall be increased by one-half (1/2) staff allowance; and (ii) The administrative staff allowance shall be calculated applying the actual number of support units. If the actual administrative staff employed in the school year is greater than the administrative staff allowance, then the administrative staff allowance s

33-1004A

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004A. Experience and education multiplier. (1) Each administrative staff position shall be assigned an appropriate multiplier based upon the following table: EXPERIENCE AND EDUCATION MA MA + 12 MA + 24 MA + 36 Years BA BA + 12 BA + 24 BA + 36 BA + 48 BA + 60 ES/DR 0 1.00000 1.03750 1.07640 1.11680 1.15870 1.20220 1.24730 1 1.03750 1.07640 1.11680 1.15870 1.20220 1.24730 1.29410 2 1.07640 1.11680 1.15870 1.20220 1.24730 1.29410 1.34260 3 1.11680 1.15870 1.20220 1.24730 1.29410 1.34260 1.39290 4 1.15870 1.20220 1.24730 1.29410 1.34260 1.39290 1.44510 5 1.20220 1.24730 1.29410 1.34260 1.39290 1.44510 1.49930 6 1.24730 1.29410 1.34260 1.39290 1.44510 1.49930 1.55550 7 1.29410 1.34260 1.39290 1.44510 1.49930 1.55550 1.61380 8 1.34260 1.39290 1.44510 1.49930 1.55550 1.61380 1.67430 9 1.39290 1.44510 1.49930 1.55550 1.61380 1.67430 1.73710 10 1.39290 1.49930 1.55550 1.61380 1.67430 1.73710 1.80220 11 1.39290 1.49930 1.55550 1.61380 1.73710 1.80220 1.86980 12 1.39290 1.49930 1.55550 1.61380 1.73710 1.86980 1.93990 13 or more 1.39290 1.49930 1.55550 1.61380 1.73710 1.86980 2.01260 (2) In determining the experience factor, the actual years of certificated service as pupil personnel services staff, teaching and administrative service for administrator certificate holders in a public school, in an accredited private or parochial school, or beginning in the 2005-06 school year and thereafter in an accredited college or university shall be credited. (3) In determining the education factor, only credits earned after initial certification, based upon a transcript on file with the teacher certification office of the state department of education, earned at an institution of higher education accredited by a body recognized by the state board of education, shall be allowed; however, successful completion of a state approved evaluation training and proof of proficiency shall be counted as up to three (3) transcripted credits for determination of the education factor and meeting recertification requirements. (4) In determining the statewide average multiplier for administrative staff, no multiplier in excess of 1.86643 shall be used. If the actual statewide average multiplier for administrative staff, as determined by this section, exceeds 1.86643, then each school district’s administrative staff multiplier shall be multiplied by the result of 1.86643 divided by the actual statewide average multiplier for administrative staff. History: [33-1004A, added 1994, ch. 428, sec. 6, p. 1376; am. 2000, ch. 67, sec. 1, p. 151; am. 2003, ch. 371, sec. 4, p. 983; am. 2003, ch. 375, sec. 4, p. 1003; am. 2004, ch. 341, sec. 4, p. 1016; am. 2006, ch. 260, sec. 1, p. 799; am. 2008, ch. 158, sec. 1, p. 455; am. 2009, ch. 285, sec. 1, p. 858; am. 2010, ch. 234, sec. 32, p. 536; am. 2011, ch. 247, sec. 8, p. 680; am. 2011, ch. 300, sec. 3, p. 859; am. 2013, ch. 267, sec. 1, p. 694; am. 2013, ch. 326, sec.

33-1004B

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004B. career ladder. School districts shall receive an allocation for instructional staff and pupil service staff based on their staffs’ position on the career ladder as follows: (1) Instructional staff and pupil service staff who are in their first year of holding an Idaho certificate shall be placed in the first cell of the residency compensation rung and shall move one (1) cell on the residency compensation rung for each year they hold an Idaho certificate and are employed in an Idaho public school thereafter for up to three (3) years, at which point they will remain in the third cell of the residency rung until they earn a professional endorsement. (2) Instructional staff and pupil service staff in their first year of holding a professional endorsement shall be placed in the first cell of the professional compensation rung. (3) Instructional staff and pupil service staff on the professional compensation rung with four (4) years of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the professional compensation rung performance criteria for three (3) of the previous four (4) years. Instructional staff and pupil service staff on the professional compensation rung who meet the performance criteria for three (3) of the previous five (5) years, one (1) of which must be during the fourth or fifth year, shall move one (1) cell. Allocations for instructional staff and pupil service staff who do not meet the professional compensation rung performance criteria for three (3) of the previous five (5) years, one (1) of which must be during the fourth or fifth year, shall remain at the previous fiscal year allocation level. This also applies to the educational allocation. (4) Instructional staff and pupil service staff in their first year of holding an advanced professional endorsement shall be placed in the first cell of the advanced professional compensation rung. (5) Instructional staff and pupil service staff on the advanced professional compensation rung who met the performance criteria for the advanced professional rung in the previous year shall move one (1) cell on the advanced professional compensation rung. Allocations for instructional staff and pupil service staff who do not meet the advanced professional compensation rung performance criteria shall remain at the previous fiscal year allocation level. This also applies to the additional education allocation. (6) Career technical education instructional staff holding an occupational specialist certificate shall be placed on the career ladder as follows: (a) Instructional staff new to working in an Idaho public school: (i) With two (2) or three (3) years of industry experience in a field closely related to the subjects they seek to teach shall be placed in an equivalent cell to instructional staff who have been on the career ladder and met the movement requirement

33-1004C

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004C. Base and minimum salaries — Education and experience index. (1) The following shall be reviewed annually by the legislature: (a) The base salary figures pursuant to subsections (6) and (7) of section 33-1004E , Idaho Code; and (b) The minimum instructional and pupil service staff salary figure pursuant to subsections (1) through (5) of section 33-1004E , Idaho Code. (2) The statewide education and experience index (or state average index, or state index) is the average of all qualifying employees, instructional and administrative, respectively. It is determined by totaling the index value for all qualifying employees and dividing by the number of employees. History: [33-1004C, added 1994, ch. 428, sec. 7, p. 1377; am. 2014, ch. 83, sec. 3, p. 232; am. 2015, ch. 229, sec. 7, p. 714; am. 2016, ch. 245, sec. 5, p. 651; am. 2020, ch. 270, sec. 3, p. 788; am. 2022, ch. 3, sec. 4, p. 15.]

33-1004D

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004D. Reporting — Idaho basic educational data system. For each employee of the school district, a report shall be made in a format prescribed by the state superintendent of public instruction, which shall include sufficient identifying information to provide individual verification, education, teaching experience, and other district employment information. The form shall be filed with the state department of education not later than October 15 of each school year. Provided however, that the department may accept data for instructional employees hired prior to January 1 of each year if the position was advertised as open on the school district website prior to October 15, and no qualified applications were received prior to that date. History: [33-1004D, added 1994, ch. 428, sec. 8, p. 1377; am. 2014, ch. 271, sec. 1, p. 677.]

33-1004E

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004E. District’s salary-based apportionment. Each district shall be entitled to a salary-based apportionment calculated as provided in this section. (1) To determine the apportionment for instructional staff, take the amounts indicated on the career ladder table plus the amounts associated with the additional education allocation amounts pursuant to section 33-1004B , Idaho Code, and calculate the weighted average. The amount so determined shall be multiplied by the district staff allowance for instructional staff determined as provided in section 33-1004 (2), Idaho Code. Full-time instructional staff salaries shall be determined from a salary schedule developed by each district and submitted to the state department of education. No full-time instructional staff member or pupil service staff member on the residency compensation rung shall be paid less than the minimum dollar amount on the career ladder residency compensation rung pursuant to section 33-1004B , Idaho Code, for the applicable fiscal year. (2) Effective July 1, 2022, no full-time instructional staff member or pupil service staff member on the professional or advanced professional compensation rung shall be paid less than the minimum dollar amount on the career ladder professional compensation rung pursuant to section 33-1004B , Idaho Code, for the applicable fiscal year. (3) Effective July 1, 2025, no full-time instructional staff member or pupil service staff member on the advanced professional compensation rung shall be paid less than the minimum dollar amount on the advanced professional compensation rung pursuant to section 33-1004B , Idaho Code, for the applicable fiscal year. (4) If an instructional staff member has been certified by the national board for professional teaching standards, the staff member shall receive two thousand dollars ($2,000)peryearforfive(5)yearsfromtheyearinwhichnationalboardcertificationwasearned.Thedistrictstaffallotmentshallbeincreasedbytwothousanddollars($2,000) for each national board-certified instructional staff member who earned national board certification; provided however, that no such awards shall be paid for the period July 1, 2010, through June 30, 2011, nor shall any liabilities accrue or payments be made pursuant to this section in the future to any individuals who would have otherwise qualified for a payment during this stated time period. The resulting amount is the district’s salary-based apportionment for instructional staff. For purposes of this section, teachers qualifying for the salary increase shall be those who have been recognized as national board-certified teachers as of July 1 of each year. (5) To determine the apportionment for pupil service staff, take the amounts indicated on the career ladder table plus the amounts associated with the additional education allocation amounts pursuant to section 33-1004B , Idaho C

33-1004F

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004F. Obligations to retirement and social security benefits. Based upon the actual salary-based apportionment, as determined in section 33-1004E , Idaho Code, and the master educator premiums distributed pursuant to section 33-1004I , Idaho Code, there shall be allocated that amount required to meet the employer’s obligations to the public employee retirement system and to social security. History: [33-1004F, added 1994, ch. 428, sec. 10, p. 1378; am. 2013, ch. 338, sec. 3, p. 884; am. 2013, ch. 338, sec. 4, p. 884; am. 2014, ch. 83, sec. 4, p. 232; am. 2015, ch. 229, sec. 9, p. 716; am. 2017, ch. 92, sec. 2, p. 241; am. 2022, ch. 3, sec. 5, p. 15.]

33-1004H

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1004H. Employing retired teachers and administrators. (1) Notwithstanding the provisions of section 33-514 , 33-1271 or 33-1273 , Idaho Code, school districts may employ school resource officers, certificated schoolteachers, persons qualified to drive school buses, and administrators who are receiving retirement benefits from the public employee retirement system of Idaho, except those who received benefits under the early retirement program previously provided by the state in positions requiring such certification, as at-will employees. Any employment contract between the retiree and the school district shall be separate and apart from the collective bargaining agreement of the school district. (2) Retirees employed under this section shall accrue one (1) day per month of sick leave, with no annual sick leave accumulation unless additional sick leave is negotiated between the candidate and the school district at the time of employment. No sick leave accrued under this section qualifies for unused sick leave benefits under section 33-1228 , Idaho Code. (3) School districts are not required to provide health insurance or life insurance benefits to persons employed under this section. Post-termination benefits may be negotiated between the school district and the certificated employee at the time of rehiring but in no event can the parties affect or attempt to affect the provisions governing the public employee retirement system. History: [33-1004H, added 2007, ch. 131, sec. 1, p. 387; am. 2011, ch. 96, sec. 14, p. 224; am. 2013, ch. 97, sec. 2, p. 235; am. 2019, ch. 202, sec. 2, p. 621; am. 2021, ch. 204, sec. 1, p. 554.]

33-1005

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1005. Districts receiving federal funds. In school districts which receive moneys for the maintenance and operation of the schools from agencies of the federal government, the educational support program shall be computed on the basis of the average daily attendance of pupils as set forth in this chapter and without regard to the manner in which such allowance from the federal government may be computed. History: [33-1005, added 1963, ch. 13, sec. 127, p. 27; am. 1963, ch. 322, sec. 5, p. 919; am. 1980, ch. 179, sec. 6, p. 390.]

33-1006

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1006. Transportation support program. (1) The state board of education shall determine what costs of transporting pupils, including maintenance, operation and depreciation of basic vehicles, insurance, payments under contract with other public transportation providers whose vehicles used to transport pupils comply with federal transit administration regulations, bus testing, 49 CFR part 665, and any revision thereto, as provided in subsection (4)(d) of this section, or other state department of education-approved private transportation providers, salaries of drivers, and any other costs, shall be allowable in computing the transportation support program of authorized transportation operations. (2) Any costs associated with the addition of vehicle features that are not part of the basic vehicle shall not be allowable in computing the transportation support program of an authorized transportation operation. A basic vehicle is hereby defined as the cost of the vehicle without optional features, plus the addition of essential safety features and features necessary for the transportation of pupils with disabilities. (3) Each authorized transportation operation shall maintain records and make reports as are required for the purposes of this section. (4) The transportation support program of an authorized transportation operation shall be based upon the allowable costs of: (a) Transporting public school pupils one and one-half (1 1/2) miles or more to school; (b) Transporting pupils less than one and one-half (1 1/2) miles as provided in section 33-1501 , Idaho Code, when approved by the state board of education; (c) Payments when transportation is not furnished, as provided in section 33-1503 , Idaho Code; (d) The transportation program for kindergarten through grade 12, upon the costs of payments pursuant to a contract with other public or private transportation providers entered into as provided in section 33-1510 , Idaho Code, if the authorized transportation operation establishes that the reimbursable costs of transportation under the contract are equal to or less than the costs for school buses; (e) The employer’s share of contributions to the public employee retirement system and to social security; and (f) Providing transportation to and from approved school activities as may be approved by the rules of the state board of education. (5) The state’s share of the transportation support program shall be fifty percent (50%) of reimbursable transportation costs incurred by the authorized transportation operation during the immediately preceding state fiscal year, except for the cost of state department of education training and fee assessments and bus depreciation and maintenance, for which the state’s share shall be eighty-five percent (85%) of such costs. The state’s share for authorized transportation operations that contract for pupil transportation services shall be

33-1007

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1007. Exceptional education program report. The state department of education shall report annually to the legislature the status of the exceptional education support program. The report shall include, but not be limited to, data concerning the number of students with disabilities and gifted students served, the districts which operate programs and the nature of the program, the money distributed pursuant to the provisions of the exceptional education support program, and estimated number of students with disabilities and gifted students, requiring but not receiving services. The report shall be filed not later than the fifteenth day of the legislative session and may include recommendations of the board relating to administrations of the program. History: [(33-1007) I.C., sec. 33-1006A, as added by 1974, ch. 127, sec. 7, p. 1305; am. and redesignated 1980, ch. 179, sec. 8, p. 391; am. 1985, ch. 107, sec. 7, p. 202; am. 1994, ch. 428, sec. 12, p. 1379; am. 2010, ch. 235, sec. 14, p. 555.]

33-1007A

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1007A. Feasibility study and plan for school closures and/or school district consolidation. (1) The state superintendent of public instruction shall determine the reimbursable costs to any school district which are incurred under the provisions of section 33-310B , Idaho Code. The school district shall be entitled to reimbursement of all allowable costs pursuant to rules and regulations promulgated by the state board of education. (2) In school districts where the implementation of a school closure plan requires the consolidation of one or more schools, the support program allowance for the consolidated school for a seven (7) year period following school consolidation, shall not be less than the combined support program allowance of the component schools in the last year of operation. History: [33-1007A, added 1989, ch. 296, sec. 4, p. 728.]

33-1008

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1008. Support program — Elementary district reclassified. Should any elementary school district which has met the qualifications required by law for reclassification as a secondary school district propose to be so reclassified and begin the establishment and maintenance of a secondary school, that district shall be allowed a support program for the secondary school during the first year of its operation, computed as follows: 1. The educational support program shall be reported in the annual report preceding the beginning of operation of the secondary school, as the aggregate of the products of the number of resident pupils of the district who attended secondary schools of other districts during the preceding year, multiplied by the per-pupil state and county apportionments for the educational support program to the other districts as shown on the last approved tuition certificate of the other districts, for secondary school pupils. 2. The transportation support program shall be reported in the annual report preceding the beginning of operation of the secondary school, as the aggregate of the products of the number of pupils proposed to be transported to the new secondary school who attended secondary schools in other districts during the preceding year, multiplied by the per-pupil state and county apportionments for the transportation support program to each of the other districts for secondary school pupils as shown on the last approved tuition certificate issued to the other district. History: [33-1008, added 1963, ch. 13, sec. 132, p. 27; am. 1980, ch. 179, sec. 9, p. 391.]

33-1009

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 33-5207 , 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 sh

33-1010

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1010. Apportionments when mines net profits considered. In any school district in which mines net profits are made a part of the total assessed value of taxable property, should the amount of such net profits certified as required by section 63-2803 , Idaho Code, be lower in any year than for the immediately preceding year in an amount equaling five per cent (5%) or more of the total assessed value of taxable property of the district for the preceding year, then the state department of education shall compute the adjusted value of taxable property in the district for the purposes of section 33-1009 , Idaho Code, by subtracting from the adjusted value of property in the district for the preceding year, the total of such decrease in mines net profits tax. The county auditor of each county in which the net profits of mines are made a part of the total assessed value of taxable property of any school district, shall annually examine the reports of mines net profits certified to the county assessor as required by section 63-2803 , Idaho Code, and shall certify to the state department of education not later than the fifteenth day of June of each year, the net profits of mines creditable to each school district in said county. History: [33-1010, added 1963, ch. 13, sec. 134, p. 27; am. 1985, ch. 107, sec. 9, p. 205.]

33-1011

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1011. Taxes to be levied by county commissioners — Determination and certification. Not later than the second Monday in September of each year the state superintendent of public instruction shall determine and certify to the board of county commissioners the amounts of money as shall be required under the provisions of this chapter. History: [33-1011, added 1963, ch. 13, sec. 135, p. 127; am. 1979, ch. 254, sec. 10, p. 673; am. 1985, ch. 107, sec. 10, p. 205.]

33-1012

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1012. Transmittal of county school moneys. Not later than the 10th day of each month, beginning August 1, 1981, the county auditor shall compute the moneys in the county school fund and shall transmit not later than that date the amount determined to the treasurer of the state of Idaho for deposit to the public school income fund, and these moneys shall be apportioned to the public schools in the same manner as prescribed by law for other moneys credited to the public school income fund. History: [33-1012, added 1981, ch. 185, sec. 3, p. 331.]

33-1013

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1013. County treasurer — County auditor — Duties. In addition to other duties required by this chapter, the county treasurer shall keep a separate account with each school district situate in whole or in part in his county, placing to the credit of each all moneys received through the proceeds of school district tax levies, and any other moneys due the respective districts under the provisions of law. He shall on the first day of each month give notice to the clerk of the board of any elementary district, of the debits and credits made to the account of such district during the current quarter and the balance on hand both at the beginning and at the end of the preceding quarter. He shall keep an account of the county school fund, and of any other school funds arising from a county-wide tax levy for school purposes. He shall pay over the moneys in any fund herein required to be kept, only upon the warrant of the county auditor. In addition to other duties required of the county auditor by the provisions of this chapter, he shall, from time to time as required by law, draw his warrant upon any fund required to be disbursed to the treasurer of any school district. History: [33-1013, added 1963, ch. 13, sec. 139, p. 27; am. 1967, ch. 243, sec. 3, p. 707; am. 1980, ch. 179, sec. 12, p. 395.]

33-1015

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1015. State revenue matching under the national school lunch act. In school districts where personnel are employed to operate a school lunch program partially funded under provisions of the national school lunch act, all employer paid contributions to the social security administration for school lunch personnel shall be paid from funds received by school districts from the state general account appropriation for public school support. History: [33-1015, added 1994, ch. 428, sec. 13, p. 1380; am. 2006, ch. 259, sec. 1, p. 799.]

33-1017

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1017. School safety and health revolving loan and grant fund. (1) Fund created. There is hereby created a fund in the state treasury to be known as the school safety and health revolving loan and grant fund to which shall be credited all moneys that may be appropriated, apportioned, allocated and paid back to that fund. Moneys in this fund shall be used exclusively as provided in this section, except that moneys in this fund shall be returned to the budget stabilization fund as provided in this section. (2) Approval of loan or grant. A school district that does not have the financial resources to abate unsafe or unhealthy conditions identified pursuant to section 33-1613 , Idaho Code, and that is eligible to seek additional funds under subsection (5)(b)(ii) of section 33-1613 , Idaho Code, may apply to the state treasurer for a loan and, if eligible, a grant from the school safety and health revolving loan and grant fund. A school district that has borrowed money from the Idaho safe school facilities loan program may apply for a grant of interest from the school safety and health revolving loan and grant fund. The loan or grant shall be approved if the school district’s application meets the criteria of section 33-1613 , Idaho Code, and of this section. If the board of examiners finds that existing and anticipated loans or grants under this section have depleted the school safety and health revolving loan and grant fund to an extent that the fund does not have available sufficient moneys to loan to an eligible school district, the board of examiners shall declare that additional loans may be made from the budget stabilization fund provided in section 57-814 , Idaho Code, up to any limits of the use of that fund provided by statute or declared by the governor in times of general revenue shortfalls or major disaster. (3) Conditions of loan or grant — Repayment of loan. (a) The school district’s application shall identify the unsafe or unhealthy conditions that would be abated with the proceeds of the loan or grant and, if a loan, shall propose a method of and timetable for abating those conditions and for repaying the loan. (b) The state treasurer shall review the application to determine whether the application is for abatement of unsafe or unhealthy conditions as described in section 33-1613 , Idaho Code, and to determine whether the estimated costs of abatement and proposed plan of abatement are reasonable. In reviewing the application, the state treasurer may call upon the assistance of the state division of occupational and professional licenses, the state fire marshal, the state department of administration, the state board of education, the state department of education, or other knowledgeable persons to determine whether conditions identified to be abated meet the criteria of section 33-1613 , Idaho Code, and to determine whether the plan of abatement, estimated

33-1018

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1018. Public school discretionary funding variability. The legislature shall annually state in the appropriation for the educational support program/division of operations the estimate of the total discretionary funding provided per support unit. The department of education shall, before the end of each fiscal year, calculate the actual discretionary funding available per support unit. (1) If the total estimated discretionary funding per support unit stated in the appropriation for the educational support program/division of operations is lower than the actual discretionary funding available per support unit, then the state controller shall multiply the difference by the number of actual support units, and transfer the result from the public school income fund to the public education stabilization fund and the final distributions to school districts from the department of education shall be reduced by a like amount. (2) If the total estimated discretionary funding per support unit stated in the appropriation for the educational support program/division of operations is greater than the actual discretionary funding available per support unit, then the state controller shall multiply the difference by the number of actual support units, and transfer the result from the public education stabilization fund to the public school income fund. This transfer shall be limited to moneys available in the public education stabilization fund. Moneys transferred from the public education stabilization fund to the public school income fund under the provisions of this section are hereby continuously appropriated for the educational support program/division of operations. History: [33-1018, added 2003, ch. 372, sec. 13, p. 997.]

33-1018A

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1018A. Other uses of public education stabilization fund. (1) If, in any fiscal year, general fund revenues are inadequate to sustain general fund appropriations made for that year by the legislature, then the board of examiners may transfer moneys from the public education stabilization fund to the general fund. The maximum amount that may be transferred by the board in any fiscal year shall be determined by dividing the total of all general fund appropriations for the educational support program by the total of all general fund appropriations, and multiplying the result by the amount of the shortfall in general fund revenues. (2) The governor may recommend, and the legislature may authorize, the appropriation of moneys from the public education stabilization fund to offset declining distributions from the public school earnings reserve fund to the public school income fund. History: [33-1018A, added 2003, ch. 372, sec. 14, p. 997.]

33-1018C

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1018C. public education stabilization fund — replacement funds. In the event that moneys are withdrawn from the public education stabilization fund for the circumstances authorized pursuant to section 33-1018 , Idaho Code, then the joint finance-appropriations committee shall consider transferring the amount of the withdrawal as a supplemental appropriation to the public education stabilization fund for the current fiscal year. History: [33-1018C, added 2017, ch. 211, sec. 2, p. 515; am. 2024, ch. 237, sec. 33, p. 847.]

33-1020

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1020. Idaho digital learning academy funding. (1) An amount of four hundred forty-five dollars ($445) per enrollment shall be distributed to support the Idaho digital learning academy, created pursuant to chapter 55, title 33 , Idaho Code. For the purposes of this section, an enrollment shall be counted each time an Idaho school age child enrolls in an Idaho digital learning academy class and continues to be enrolled in such class past the deadline to withdraw, where such withdrawal would not result in the class appearing on such child’s transcript in any way. A single child enrolled in multiple classes shall count as multiple enrollments. Summer enrollments shall be included in the fiscal year that begins that summer. (2) The state department of education shall make an estimated distribution of funds to the Idaho digital learning academy by no later than July 31 of each fiscal year, consisting of eighty percent (80%) of the estimated funding for the fiscal year. The balance of all remaining funds to be distributed, pursuant to the calculations in this section, shall be distributed by no later than May 15 of the same fiscal year. The state department of education shall reconcile the enrollments prior to the May 15 payment and withhold or recover any costs necessary to align the funding with verified enrollments. The joint finance-appropriations committee shall consider adjusting the per enrollment amount each legislative session by a percentage increase equal to the percentage increase approved for salary increases for instructional and pupil service staff pursuant to section 33-1004B , Idaho Code, and for administrative and classified staff pursuant to section 33-1004E , Idaho Code. History: [33-1020, added 2007, ch. 353, sec. 12, p. 1049; am. 2011, ch. 247, sec. 11, p. 683; am. 2011, ch. 300, sec. 5, p. 862; am. 2013, ch. 154, sec. 2, p. 364; am. 2024, ch. 17, sec. 1, p. 157; am. 2025, ch. 267, sec. 7, p. 1156.]

33-1021

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1021. math and science requirement. In order to meet state graduation requirements regarding math and science courses, moneys shall be distributed to school districts to defray the cost of providing additional math and science courses. Moneys so distributed shall be used to hire additional high school math and science teachers or to defray costs associated with providing math and science courses to high school students. Moneys shall be distributed to school districts from the moneys appropriated to the educational support program for each regular high school, not including alternative schools, based on the following criteria: (1) For each school with enrollment of 99 or less, distribute the equivalent of one and one-quarter (1.25) of a classified staff position. (2) For each school with enrollment of 100 to 159, distribute the equivalent of one ninth (1/9) of a classified staff position. (3) For each school with enrollment of 160 to 319, distribute the equivalent of two sevenths (2/7) of a classified staff position. (4) For each school with enrollment of 320 to 639, distribute the equivalent of one (1.0) instructional staff position, based on the statewide average funding per position. (5) For each school with enrollment of 640 or more, distribute the equivalent of one (1.0) instructional staff position, based on the statewide average funding per position, and three-quarters (0.75) of a classified staff position. For the purposes of these school size classifications for regular high schools that serve only grades 10-12, ninth grade students who will attend the regular high school upon matriculating to tenth grade shall be included as enrolled in the regular high school. History: [33-1021, added 2013, ch. 98, sec. 2, p. 239.]

33-1023

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1023. Moneys provided from unanticipated public charter school closure. In the event a public charter school closes and ceases to provide educational instruction during the course of a school year, the following provisions relating to funding shall apply: (1) A school district or public charter school shall report to the state department of education all newly enrolled students when such students have enrolled from a public charter school that has closed during a school year. (2) The state department of education shall use the reported enrollment information provided for in subsection (1) of this section to calculate the funding that the district or public charter school would have received had those reported new enrollees been enrolled in such district for the entire school year. Such funding shall be prorated based on the percent of days left in the school year following the enrollment of new students. Such funding shall be included in the next scheduled payment to the school district or public charter school. History: [(33-1023) 33-1021 , added 2011, ch. 310, sec. 1, p. 878; am. and redesig. 2016, ch. 47, sec. 15, p. 110.]

33-1024

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1024. online portals. (1) Of the moneys appropriated to the educational support program, up to one hundred fifty thousand dollars ($150,000) may be expended for the development and maintenance of an internet-based portal of available online, nonsectarian K-12 or dual credit courses; an adult education portal; and a parent resource portal. (2) The nonsectarian K-12 or dual credit courses portal shall include any of the following: (a) Idaho digital learning academy; (b) Idaho public school districts; (c) Idaho public charter schools; (d) Idaho public colleges and universities; (e) Idaho private colleges and universities accredited by the same organization that accredits Idaho’s public colleges and universities; and (f) Any provider of online courses; provided however, that the courses available on the portal have been verified and approved by the state department of education to meet state content standards. (3) At a minimum, the nonsectarian K-12 or dual credit courses portal shall: (a) Include and display customer ratings from students and parents, based upon previous student enrollment with the online course, provider and instructor. Such ratings shall, at a minimum, evaluate the quality of content, instruction, communications and ease of use; (b) Include the capacity for parents to notify their student’s home school of their desire to enroll their student in an online course listed on the portal; and (c) Facilitate communications between listed online course providers, students and parents and the home school in which the student is enrolled. (4) At a minimum, the adult education or parent resource portal shall provide access to tools and resources focused on K-12 education. History: [33-1024, added 2013, ch. 154, sec. 3, p. 365; am. 2017, ch. 194, sec. 1, p. 460.]

33-1026

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1026. mandatory public school funding formula review. The senate and house of representatives education committees shall conduct a comprehensive review of the public school funding formula at least once every five (5) years, with the first such review to occur by July 1, 2024. History: [33-1026, added 2019, ch. 328, sec. 4, p. 975.]

33-1027

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1027. student enrollment counts and rulemaking. The state board of education shall promulgate rules that set forth the procedures for determining student enrollment counts by school, school district, and statewide, and the process for reporting such counts. Such rules shall be consistent with the following: (1) Full-time enrollment (FTE) shall be based on enrollment in any school district or public charter school; (2) A student shall not exceed a total of one (1.0) unweighted FTE in a single school year, except as provided in subsection (4) of this section; (3) A kindergarten student shall not exceed a total of one-half (0.5) unweighted enrollment in a single school year; (4) A student attending a summer school or night school program shall not exceed a total of one-fourth (0.25) unweighted enrollment. Such student may be counted pursuant to both this subsection and subsection (2) of this section; (5) A fractional enrollment count schedule shall be specified for any student enrolled less than one (1.0) FTE in a given school district or public charter school; (6) FTE is based on the courses a student is enrolled in at the time of the official count, as specified in board rule, except that a student may be counted as enrolled if the term for which such student is enrolled begins after the time of the official count; (7) Each school district or public charter school shall conduct an official count of enrolled students in the district or school on the first day of October, the first day of December, the first day of February, and the first day of April, or the previous school day if those dates do not fall on a school day; and (8) A school district or public charter school may not count as enrolled any student who has unexcused absences totaling eleven (11) or more consecutive school days immediately prior to and including the official count date. History: [33-1027, added 2019, ch. 328, sec. 5, p. 975.]

33-1028

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1028. reports to state board — report to legislature. (1) By December 15 each year, each school district and public charter school shall report to the state board of education or to the board’s designee the following information: (a) Total student enrollment as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day; (b) The number of at-risk students in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of at-risk students: (i) By grade; and (ii) Enrolled in an alternative school; (c) The number of economically disadvantaged students in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of students who qualify as economically disadvantaged by grade; (d) The number of English language learners in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of English language learners per grade; (e) The number of gifted and talented students in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of gifted and talented students per grade; and (f) The local salary schedule for the school district or public charter school in effect for the school year prior to the year the report is made. (2) Beginning in 2020, a school district or public charter school shall include, in the report made pursuant to subsection (1) of this section, the following information for the fiscal year prior to the fiscal year in which the report is made: (a) The amounts received by the school district or public charter school for each statutory program line item distribution, other program line item distribution, and discretionary funds distribution specified in the state appropriation for public school support; and (b) The actual expenditures by the school district or public charter school for each such line item distribution and discretionary funds distribution, unless information on the actual expenditures by district or school for a distribution is submitted to the state pursuant to another law or rule. (3) By January 15 each year, the state board of education shall report to the senate and house of representatives education committees and the joint finance-appropriations committee on the information received pursuant to subsection (1) of this section. The state board’s report shall include such information for each individual school district

33-1029

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1029. statutory construction — nonpublic school students. [EFFECTIVE UNTIL JULY 1, 2028] Nothing in sections 33-1030 through 33-1034 , Idaho Code, shall be construed to give the state authority to regulate the education of nonpublic school students. History: [33-1029, added 2022, ch. 13, sec. 1, p. 29.]

33-1030

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1030. DEFINITIONS. [EFFECTIVE UNTIL JULY 1, 2028] As used in this section through section 33-1034 , Idaho Code: (1) Assessment means an examination or another objective evaluation of a student’s academic performance, academic engagement, or college or career readiness. (2) Board means the state board of education. (3) Eligible education expenses means: (a) Computer hardware, internet access, or other technological devices or services that are primarily used to meet a participant’s educational needs; however, expenses related to internet access shall be subject to reimbursement pursuant to the provisions of section 33-1031 (2)(c), Idaho Code, and shall not be eligible for direct payment through the grant distribution platform; (b) Textbooks, curriculum, or other instructional materials, including educational software and applications; (c) Fees for national standardized assessments, advanced placement examinations, examinations related to college or university admissions, or industry-recognized certification examinations; (d) Therapies, including but not limited to occupational, behavioral, physical, speech-language, and audiology therapies, or other services or therapies specifically approved by the board; (e) Educational programs offered for a fee or pursuant to contract by a school district, public charter school, or career technical education program to any eligible student; however, the payment of such fees on behalf of a student through the grant distribution platform shall not cause such student to be counted for purposes of calculating public school enrollment; or (f) Other education expenses and services as approved by the board, upon recommendation of the parent advisory panel established pursuant to section 33-1032 , Idaho Code. (4) Eligible student means a full-time resident of Idaho who is five (5) to eighteen (18) years of age. (5) Grant means an award of one thousand dollars ($1,000), which must be used for eligible education expenses. (6) Grant distribution platform means a digital platform through which grant funds are transferred from the board to participant accounts. (7) Parent means the parent or legal guardian of an eligible student or a participant. (8) Participant means an eligible student for whom a grant is awarded under section 33-1031 , Idaho Code. (9) Program means the empowering parents grant program established by section 33-1031 , Idaho Code. History: [33-1030, added 2022, ch. 13, sec. 2, p. 29; am. 2024, ch. 277, sec. 1, p. 951.]

33-1031

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1031. empowering parents grant program. [EFFECTIVE UNTIL JULY 1, 2028] (1) There is hereby established the empowering parents grant program, to be administered by the board according to the provisions of this section. The purpose of the program is to provide education grants for eligible students. (2) In order to administer the program, the board: (a) Shall create and administer, or designate a third party to create and administer, a grant distribution platform; (b) Shall establish a grant application process for parents; (c) Shall establish provisions for the reimbursement of any eligible education expense for which reimbursement is required and direct payment from the platform is not permitted pursuant to section 33-1030 (3)(a), Idaho Code; (d) Shall, subject to appropriation, award grants. Grant awards shall be made in the following order of preference: (i) First to eligible students whose household has an adjusted gross income under sixty thousand dollars ($60,000),asverifiedbytheIdahostatetaxcommissionusingtheprioryear’staxreturns.Notificationofgrantawardsforstudentsinthiscategoryshallbemadewithinthirty(30)daysofapplication,andgrantfundsshallbemadeavailableforparticipants’useassoonaspracticable,butnolaterthanthirty(30)daysafterthenotificationofagrantaward;(ii)Startingsixty(60)daysaftergrantawardsinafiscalyeararemadeundersubparagraph(i)ofthisparagraph,toeligiblestudentswhosehouseholdhasanadjustedgrossincomeunderseventy-fivethousanddollars($75,000), as verified by the Idaho state tax commission using the prior year’s tax returns; and (iii) Starting sixty (60) days after grant awards in a fiscal year are made under subparagraph (ii) of this paragraph, to all other eligible students on a first-come, first-served basis until all available funds are distributed; and (e) May take such other actions as are necessary to implement and enforce the provisions of this section. (3) Prior to the award of a grant, the parent of a participant shall agree to verify program compliance. The parent of a participant shall use grant funds only for eligible education expenses. If a parent is found to misuse grant funds, then neither the parent nor another parent of the student living in the same household may apply for a grant in the future for any student, provided that the parent may appeal the finding to the board. (4) Grant funds shall be expended within three (3) years after they are awarded. Any unused funds at the end of the three (3) year period shall revert to the empowering parents grant program fund established in section 33-1034 , Idaho Code. At any time before the three (3) year period ends, unused funds may be forfeited and transferred from the participant account to the program fund. (5) Grant awards per family shall be capped at three thousand dollars ($3,000), regardless of th

33-1032

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1032. parent advisory panel. [EFFECTIVE UNTIL JULY 1, 2028] (1) For purposes of this section: (a) Executive director means the executive director of the office of the state board of education. (b) Program funds means funds distributed to parents pursuant to section 33-1031 , Idaho Code. (2) There is hereby established in the office of the state board of education a parent advisory panel, which shall make recommendations to the board: (a) As described in section 33-1030 (3)(f), Idaho Code; and (b) On how to implement, administer, and improve the program described in section 33-1031 , Idaho Code. (3) The parent advisory panel shall consist of seven (7) members. Three (3) members shall be appointed by the governor, two (2) members shall be appointed by the president pro tempore of the senate, and two (2) members shall be appointed by the speaker of the house of representatives. The members must be parents of eligible students, with preference given to parents who have applied for program funds or who, for the initial appointment of the panel, have indicated their intent to apply for program funds. Members of the panel shall represent different regions of the state. Members shall serve one (1) year terms at the pleasure of their appointing authority and may be reappointed if they meet the eligibility criteria described in this subsection. The executive director or the executive director’s designee shall serve as the nonvoting chair of the parent advisory panel. (4) At the request of the board, the parent advisory panel shall meet, in person or virtually, to discuss and make recommendations as described in subsection (2) of this section. (5) If a parent appeals a finding that program funds were used for a purpose other than eligible education expenses, then the panel shall meet to consider the appeal and recommend a decision on the appeal to the board. History: [33-1032, added 2022, ch. 13, sec. 4, p. 31.]

33-1033

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1033. report and evaluation. [EFFECTIVE UNTIL JULY 1, 2028] (1) By December 15 of each year, the board shall report to the governor and the senate and house of representatives education committees: (a) The total funds appropriated for the empowering parents grant program in the current fiscal year and the prior fiscal year; (b) The number of applicants for the program in the current fiscal year and the prior fiscal year; (c) The number of grants awarded in the current fiscal year and the prior fiscal year and how grant funds were used by participants; and (d) Other matters concerning the program that are: (i) Considered relevant by the board; or (ii) Specifically requested for inclusion in the report by the governor or by any member of the senate or the house of representatives. (2) By June 30, 2024, and every two (2) years thereafter, the board shall designate a third party to evaluate the program. The evaluation shall be conducted according to criteria set by the board, the senate and house of representatives education committees, and the joint finance-appropriations committee. History: [33-1033, added 2022, ch. 13, sec. 5, p. 32.]

33-1034

TITLE 33 EDUCATION CHAPTER 10 FOUNDATION PROGRAM — STATE AID — APPORTIONMENT 33-1034. EMPOWERING PARENTS GRANT PROGRAM FUND. [EFFECTIVE UNTIL JULY 1, 2028] (1) There is hereby established in the state treasury the empowering parents grant program fund, to be administered by the board. Moneys in the fund shall: (a) Consist of the following: (i) Legislative appropriations; (ii) Donations and contributions made to the fund; and (iii) Interest earned on idle moneys in the fund; (b) Be continuously appropriated for the purpose described in subsection (3) of this section; and (c) Be used to pay grants awarded under the empowering parents grant program. (2) On June 20, 2028, and by no later than June 30, 2028, the state controller shall transfer the unobligated cash balance remaining in the empowering parents grant program fund into the general fund. History: [33-1034, added 2022, ch. 13, sec. 6, p. 32; am. 2025, ch. 328, sec. 7, p. 1353.]