School District to charge tuition for some students
October 8, 2013
Due to a recent change in state law, Boundary County School District 101 trustees tonight voted unanimously, with one member citing conflict of interest, to impose tuition fees on students from outside the state who reside in licensed public and private residential facilities who attend county public schools.

Under an amendment to Idaho Code Section 33-1002B, a part of law defining the state student funding formula, the state will no longer pay school districts for school age children residing in such facilities, often local homes whose owners are licensed to provide care and counseling to troubled youth from around the world.

Matt Fitzgerald, president of Northwoods of Idaho, an all boys boarding school for troubled teens with campuses in Bonners Ferry, Sagle and Costa Rica, addressed the board, noting that the timing of the amendment was awkward, coming just after the start of the school year, leaving no time to prepare, adjust rates, or even seek legal guidance into just what the amendment.

He didn't ask to be exempt, but for time to adjust.

Board vice chair David Brinkman, owner of Brinkman House, licensed to provide in-residence care for such children, stepped down from board discussion and said he has been following the development of the amendment, and was advised in June by state education officials that passage was at least a year away.

Lynda Fioravanti, who is organizing a community meeting in Bonners Ferry October 19 on controversial Common Core standards, questioned whether the amendment met the requirements of Article IX of the Idaho Constitution, which establishes that "the stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools."

"I think this is a poorly written law badly timed," said trustee Mike Weland. He then advised that among the questions those affected might consider asking their attorneys was if a class action lawsuit might be warranted to overturn the law.

IC33-1002B5 does allow that "the local school district may provide education services to such students if requested by the licensed public or private residential facilities," many of which incorporate the opportunity to attend public school and be a positive part of the local community as a goal for their charges to aspire to.

For them, it's a goal, a sign of growth and maturity ... a privilege earned.

The law requires the district to enter into a contract with such facilities defining services and costs for each student, but concludes, "such students shall be excluded from all average daily attendance and other reports provided to the state that would result in the distribution of state funding to the local district."

"Another way to cut the state education budget," one trustee said.

"I don't think we have a choice but to impose tuition on these businesses," Weland said, noting that the state funding formula encouraged keeping students at their desks, "but I think it's wrong to throw it on them now, after the school year has already started. They need time no adjust their rates and notify the parents to see which of these students will stay in their homes and our schools and which will have to find alternatives."

One thing the State Department of Education did provide was a handy chart by school district giving the state's calculation of the cost of educating a student in each, per month and the amount the state pays.

By that chart, educating an elementary school student in Boundary County per month costs $680.50. The State of Idaho and the federal government provides $453.98.

That leaves a balance of $226.52, a "net monthly tuition."

That's the amount a local school district has to raise locally, primarily through property taxes, to provide one student a proper education per month. The cost for each secondary student is even higher.

After discussion, Weland made the motion "to defer tuition costs of non-resident students until the beginning of the next semester (in January), and then at the state per capita rate; $453.98 per elementary student and $563.23 per secondary student."

All felt compelled to vote "aye."

"If the class action suit is successful, we can always repeal," Weland said.