ID Code § 33-1019 (2021)
2021 Idaho Code|Title 33 - EDUCATION|Chapter 10 - FOUNDATION PROGRAM — STATE AID — APPORTIONMENT|Section 33-1019 - ALLOCATION FOR SCHOOL BUILDING MAINTENANCE REQUIRED.

33-1019. ALLOCATION FOR SCHOOL BUILDING MAINTENANCE REQUIRED. (1) School districts shall annually allocate moneys for school building maintenance from any source available to the district equal to at least two percent (2%) of the replacement value of school buildings, less the receipt of state funds as provided in this section. Any school district expending more than four percent (4%) of the replacement value of school buildings for school building maintenance in any single fiscal year, beginning with the expenditures of fiscal year 2005, may apply the excess as a credit against the two percent (2%) requirement of this section until such credit is depleted or fifteen (15) years have expired. The state shall annually provide funds to be allocated for school building maintenance as follows: (a) Divide one (1) by the school district’s value index for the fiscal year, as calculated pursuant to section 33-906B, Idaho Code; and (b) Multiply the result by one-half of one percent (0.5%) of the replacement value of school buildings. (c) For purposes of the calculation in this subsection (1), public charter schools shall be assigned a value index of one (1). (2) State funds shall be appropriated through the educational support program/division of facilities and disbursed from the school district building account. The order of funding sources used to meet the state funding requirements of this section shall be as follows: (a) State lottery funds distributed pursuant to section 33-905(2), Idaho Code; (b) If state lottery funds are insufficient to meet the state funding requirements of this section, then other state funds available pursuant to section 33-905(3), Idaho Code, shall be utilized; and (c) If the funds in paragraphs (a) and (b) of this subsection (2) are insufficient to meet the state funding requirements of this section, then funds available pursuant to section 33-1018B, Idaho Code, shall be utilized. (3) Moneys allocated for school building maintenance shall be used exclusively for the maintenance and repair of school buildings or any serious or imminent safety hazard on the property of said school buildings as identified pursuant to chapter 80, title 39, Idaho Code, and shall be utilized, first, to abate serious or imminent safety hazards, as identified pursuant to chapter 80, title 39, Idaho Code. Unexpended moneys in a school district’s school building maintenance allocation shall be carried over from year to year and shall remain allocated for the purposes specified in this subsection (3). The replacement value of school buildings shall be determined by multiplying the number of square feet of building floor space in school buildings by eighty-one dollars and forty-five cents ($81.45). Notwithstanding the definition in subsection (8) of this section, school buildings that are less than one (1) year old on the first day of school shall not be used in the replacement value calculation. The joint finance-appropriations committee shall annually review the replacement value per square foot when setting appropriations for the educational support program and may make adjustments to this figure as necessary. (4) For school buildings first occupied between July 1, 2009, through September 30, 2019, regarding the replacement value calculation that school districts are directed to use to determine the amount of moneys such districts shall allocate for school building maintenance as directed by subsection (1) of this section, a portion of the square footage of school buildings first occupied on or after July 1, 2009, and constructed pursuant to the provisions of section 33-356, Idaho Code, shall not be used in the replacement value calculation, based on the following schedule: (a) For school buildings at least one (1) year old but less than two (2) years old on the first day of school, exclude one hundred percent (100%) of the square footage; (b) For school buildings at least two (2) years old but less than three (3) years old on the first day of school, exclude eighty percent (80%) of the square footage; (c) For school buildings at least three (3) years old but less than four (4) years old on the first day of school, exclude sixty percent (60%) of the square footage; (d) For school buildings at least four (4) years old but less than five (5) years old on the first day of school, exclude forty percent (40%) of the square footage; and (e) For school buildings at least five (5) years old but less than six (6) years old on the first day of school, exclude twenty percent (20%) of the square footage. (5) The amount of relief provided to any school district pursuant to subsection (4) of this section shall not exceed the amount that would be provided if the school district had a value index of one (1). (6) School districts shall submit the following to the state department of education by not later than the third Friday in December: (a) The number of square feet of school building floor space; and (b) The funds and fund sources allocated for school building maintenance and any unexpended allocations carried forward from prior fiscal years; and (c) The projects on which moneys from the school district’s school building maintenance allocation were expended, and the amount and categories of expenditures; and (d) The planned uses of the school district’s school building maintenance allocation. The state department of education shall transmit a summary of such reports to the legislature by not later than January 15 of the following year. (7) If a school district that is participating in the relief provided for in subsection (4) of this section is forgiven the requirement to allocate the school district portion of the moneys for the two percent (2%) of building replacement value for building maintenance provided in subsection (1) of this section, then once the requirements of subsection (1) of this section are reinstated, the provisions of subsection (4) of this section shall recommence from the time the forgiveness took effect. (8) For the purposes of this section: (a) "Annually" means each fiscal year. (b) "School building" means buildings that are owned by the school district or leased by the school district through a lease-purchase agreement and are regularly occupied by students. (c) "School district" means a school district or public charter school.  History: [33-1019, added 2006, ch. 311, sec. 8, p. 965; am. 2007, ch. 142, sec. 1, p. 412; am. 2007, ch. 354, sec. 6, p. 1052; am. 2009, ch. 169, sec. 3, p. 513; am. 2012, ch. 66, sec. 1, p. 188.]