2005 Idaho Code - 33-1003 — SPECIAL APPLICATIONS OF EDUCATIONAL SUPPORT PROGRAM

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 10
                            FOUNDATION PROGRAM --
                          STATE AID -- APPORTIONMENT
    33-1003.  SPECIAL APPLICATIONS OF EDUCATIONAL SUPPORT PROGRAM. (1)
Decrease in Average Daily Attendance. -- Any school district which has a
decrease in total average daily attendance of one percent (1%) of its average
daily attendance in the then current school  year from the total average daily
attendance used for determining the allowance in the educational support
program for the school year immediately preceding, the allowance of funds from
the educational support program may be based on the average daily attendance
of the school year immediately preceding, less one percent (1%). 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.
    (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    the elementary school is rescinded by the state board of education.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 situated more than ten (10) miles
    distance from both the nearest like elementary 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. Secondary grades in an elementary/secondary
    school will be funded as a separate attendance unit if all secondary
    grades served are located more than fifteen (15) miles by an all-weather
    road from the nearest like secondary grades operated by the district.
    (e)  Hardship Secondary School. -- Any district which operated two (2)
    secondary schools separated by less than fifteen (15) miles, but which
    district was created through consolidation subsequent to legislative
    action pursuant to chapter 111, laws of 1947, and which school buildings
    were constructed prior to 1935, shall be entitled to count the schools as
    separate attendance units.
    (f)  Minimum Pupils Required. -- Any elementary school having less than
    ten (10) pupils in average daily attendance shall not be allowed to
    participate in the state or county support program unless the school has
    been approved for operation by the state board of education.
    (3)  Remote Schools. -- The board of trustees of any Idaho school district
which operates and maintains a school which is remote and isolated from the
other schools  of the state because of geographical or topographical
conditions may petition the state board of education to recognize and approve
the school as a remote and necessary school. The petition shall be in form and
content approved by the state board of education and shall provide such
information as the state board of education may require. Petitions for the
recognition of a school as a remote and necessary school shall be filed
annually at least ninety (90) days prior to the date of the annual meeting of
the board of trustees as established in section 33-510, Idaho Code.
    Within forty-five (45) days after the receipt of a petition for the
recognition of a remote and necessary school, the state board of education
shall either approve or disapprove the petition and notify the board of
trustees of its decision. Schools which the state board of education approves
as being necessary and remote shall be allowed adequate funding within the
support program for an acceptable educational program for the students of the
school. In the case of a remote and necessary secondary school, grades 7-12,
the educational program shall be deemed acceptable when, in the opinion of the
state board of education, the accreditation standard relating to staff size,
established in accordance with section 33-119, Idaho Code, has been met. The
final determination of an acceptable program and adequate funding in the case
of a remote and necessary elementary school shall be made by the state board
of education.
    (4)  Support Program When District Boundaries are Changed.
    (a)  In new districts formed by the division of a district, the support
    program computed for the district divided in its last year of operation,
    shall be apportioned to the new districts created by the division, in the
    proportion that the average daily attendance of pupils, elementary and
    secondary combined, residing in the area of each new district so created,
    is to the average daily attendance of all pupils, elementary and secondary
    combined, in the district divided in its last year of operation before the
    division.
    (b)  When boundaries of districts are changed by excision or annexation of
    territory, the support program of any district from which territory is
    excised for the last year of operation before such excision shall be
    divided, and apportioned among the districts involved, as prescribed in
    subsection (4)(a) of this section.
    (c)  In new districts formed by consolidation of former districts, the
    support program allowance for a seven (7) year period following the
    formation of the new district, shall not be less than the combined support
    program allowances of  the component districts in the last year of
    operation before consolidation.