State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1007_11

79-1007.11. School districtformula need; calculation.(1) Except as otherwise providedin this section, for school fiscal year 2008-09, each school district's formulaneed shall equal the difference of the sum of the school district's basicfunding, poverty allowance, limited English proficiency allowance, elementaryclass size allowance, focus school and program allowance, summer school allowance,special receipts allowance, transportation allowance, elementary site allowance,distance education and telecommunications allowance, averaging adjustment,and teacher education adjustment, minus the sum of the limited English proficiencyallowance correction, poverty allowance correction, and local choice adjustment.(2) Except as otherwise provided in this section, for school fiscal year 2009-10, each schooldistrict's formula need shall equal the difference of the sum of the schooldistrict's basic funding, poverty allowance, limited English proficiency allowance,elementary class size allowance, focus school and program allowance, summerschool allowance, special receipts allowance, transportation allowance, elementarysite allowance, instructional time allowance, distance education and telecommunicationsallowance, averaging adjustment, teacher education adjustment, new learningcommunity transportation adjustment, student growth adjustment, and new schooladjustment, minus the sum of the limited English proficiency allowance correction,poverty allowance correction, and local choice adjustment.(3) Except as otherwiseprovided in this section, for school fiscal year 2010-11, each school district'sformula need shall equal the difference of the sum of the school district'sbasic funding, poverty allowance, limited English proficiency allowance, elementaryclass size allowance, focus school and program allowance, summer school allowance,special receipts allowance, transportation allowance, elementary site allowance,instructional time allowance, teacher education allowance, distance educationand telecommunications allowance, averaging adjustment, new learning communitytransportation adjustment, student growth adjustment, and new school adjustment,minus the sum of the limited English proficiency allowance correction, povertyallowance correction, and local choice adjustment.(4) Except as otherwise provided in this section,for school fiscal years 2011-12 and 2012-13, each school district's formulaneed shall equal the difference of the sum of the school district's basicfunding, poverty allowance, limited English proficiency allowance, elementaryclass size allowance, focus school and program allowance, summer school allowance,special receipts allowance, transportation allowance, elementary site allowance,instructional time allowance,teacher education allowance, distance education and telecommunicationsallowance, averaging adjustment, new learning community transportation adjustment,student growth adjustment, any positive student growth adjustment correction,and new school adjustment, minus the sum of the limited English proficiencyallowance correction, poverty allowance correction, any negative student growthadjustment correction, and local choice adjustment.(5) Except as otherwise providedin this section, for school fiscal year 2013-14 and each school fiscal yearthereafter, each school district's formula need shall equal the differenceof the sum of the school district's basic funding, poverty allowance, limitedEnglish proficiency allowance, focus school and program allowance, summerschool allowance, special receipts allowance, transportation allowance, elementarysite allowance, instructional time allowance,teacher education allowance, distance education and telecommunicationsallowance, averaging adjustment, new learning community transportation adjustment,student growth adjustment, any positive student growth adjustment correction,and new school adjustment, minus the sum of the limited English proficiencyallowance correction, poverty allowance correction, any negative student growthadjustment correction, and local choice adjustment.(6) If the formula need calculatedfor a school district pursuant to subsections (1) through (5) ofthis section is less than one hundred percent of the formula need for suchdistrict for the school fiscal year immediately preceding the school fiscalyear for which aid is being calculated, the formula need for such districtshall equal one hundred percent of the formula need for such district forthe school fiscal year immediately preceding the school fiscal year for whichaid is being calculated.(7) Except as provided insubsection (9) of this section, if theformula need calculated for a school district pursuant to subsections (1)through (5) of this section is morethan one hundred twelve percent of the formula need for such district forthe school fiscal year immediately preceding the school fiscal year for whichaid is being calculated, the formula need for such district shall equal onehundred twelve percent of the formula need for such district for the schoolfiscal year immediately preceding the school fiscal year for which aid isbeing calculated, except that the formula need shall not be reduced pursuantto this subsection for any district (a) receiving a student growth adjustmentfor the school fiscal year for which aid is being calculated or (b) for schoolfiscal year 2008-09, for which the formula students for the certificationof aid pursuant to section 79-1022 for school fiscal year 2008-09 minus theformula students for the certification of aid pursuant to section 79-1022for school fiscal year 2007-08 equals at least the greater of twenty-fivestudents or one percent of the formula students for the certification of aidpursuant to section 79-1022 for school fiscal year 2007-08.(8) For purposes of subsections (6) and (7) of this section, the formula need forthe school fiscal year immediately preceding the school fiscal year for whichaid is being calculated shall be the formula need used in the final calculationof aid pursuant to section 79-1065 and for districts that were affected bya reorganization with an effective date in the calendar year preceding thecalendar year in which aid is certified for the school fiscal year for whichaid is being calculated, the formula need for the school fiscal year immediatelypreceding the school fiscal year for which aid is being calculated shall beattributed to the affected school districts based on information providedto the department by the school districts or proportionally based on the adjustedvaluation transferred if sufficient information has not been provided to thedepartment.(9) For state aid calculatedfor the first full school fiscal year of a new learning community, if theformula need calculated for a member school district pursuant to subsections(1) through (6) of this section is lessthan the sum of the school district's state aid certified for the school fiscalyear immediately preceding the first full school fiscal year of the learningcommunity plus the school district's other actual receipts included in localsystem formula resources pursuant to section 79-1018.01 for such school fiscalyear plus the product of the school district's general fund levy for suchschool fiscal year up to one dollar and five cents multiplied by the schooldistrict's assessed valuation for such school fiscal year, the formula needfor such school district for the school fiscal year for which aid is beingcalculated shall equal such sum. SourceLaws 2008, LB988, § 13; Laws 2008, LB1153, § 7; Laws 2009, LB545, § 8; Laws 2009, First Spec. Sess., LB5, § 5.Effective Date: November 21, 2009