2005 Idaho Code - 33-1009 — PAYMENTS FROM THE PUBLIC SCHOOL INCOME FUND

                                  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 board of education to
    the public school districts of the state in five (5) payments. Payments to
    the districts shall be made not later than the fifteenth day of August,
    the first day of October, the fifteenth day of November, the fifteenth day
    of February, and the fifteenth day of May each year. Each payment by the
    state board of education shall be approximately twenty percent (20%) of
    the total general account appropriation for the fiscal year. 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 board 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.
    2.  Payments made to the school districts in August, October and November
are advance payments for the current year and will be based upon payments from
the public school income fund for the preceding school year. Each school
district shall receive its proportionate share of the advance payments in the
same ratio that its total payment for the preceding year was to the total
payments to all school districts for the preceding year.
    3.  No later than the fifteenth day of February in each year, the state
department of education shall compute the state distribution factor based on
the total average daily attendance through the first Friday in November. The
factor will be used in payments of state funds in February and May. Attendance
shall be reported in a format and at a time specified by the state department
of education.
    As of the thirtieth day of June of each year the state department of
education shall determine final payments to be made on July fifteenth next
succeeding to the several school districts from the public school income fund
for the school year ended June 30. The July payments shall take into
consideration:
    a.  the average daily attendance of the several school districts for the
    twenty-eight (28) best weeks of the school year completed not later than
    the thirtieth of June,
    b.  all funds available in the public school income fund for the fiscal
    year ending on the thirtieth of June,
    c.  all payments distributed for the current fiscal year to the several
    school districts,
    d.  the adjustment based on the actual amount of discretionary funds per
    support unit required by the provisions of section 33-1018, Idaho Code,
    e.  payments made or due for the transportation support program and the
    exceptional education support program. The state department of education
    shall apportion and direct the payment to the several school districts the
    moneys in the public school income fund in each year, taking into account
    the advance made under subsection 2. of this section, in such amounts as
    will provide in full for each district its support program, and not more
    than therefor required, and no school district shall receive less than
    fifty dollars ($50.00).
    4.  If the full amount appropriated to the public school income fund from
the general account by the legislature is not transferred to the public school
income fund by the end of the fiscal year, the deficiency resulting therefrom
shall either be restored or reduced through a special transfer from the
general account in the first sixty (60) days of the following fiscal year, or
shall be calculated in computing district levies, and any additional levy
shall be certified by the state superintendent of public instruction to the
board of county commissioners and added to the district's maintenance and
operation levy. If the deficiency is restored or reduced by special transfer,
the amount so transferred shall be in addition to the amount appropriated to
be transferred in such following fiscal year, and shall be apportioned to each
school district in the same amount as each would have received had the
transfer been made in the year the deficiency occurred. The state department
of education shall distribute to the school district the full amount of the
special transfer as soon as practical after such transfer is made. In making
the levy computations required by this subsection the state department of
education shall take into account and consider the full amount of money
receipted into the public school income fund from all sources for the given
fiscal year. Deficits in the transfer of the appropriated amount of general
account revenue to the public school income fund shall be reduced by the
amount, if any, that the total amount receipted from other sources into the
public school income fund exceeds the official estimated amount from those
sources. The official estimate of receipts from other sources shall be the
total amount stated by the legislature in the appropriation bill. The
provisions of this subsection shall not apply to any transfers to or from the
public education stabilization fund.
    5.  Any apportionments in any year, made to any school district, which may
within the succeeding three (3) year period be found to have been in error
either of computation or transmittal, may be corrected during the three (3)
year period by reduction of apportionments to any school district to which
over-apportionments may have been made or received, and corresponding
additions to apportionments to any school district to which
under-apportionments may have been made or received.