State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1007_18

79-1007.18. Averagingadjustment; calculation.(1) For school fiscalyear 2008-09 and each school fiscal year thereafter, the department shallcalculate an averaging adjustment for districts if the basic funding per formulastudent is less than the averaging adjustment threshold and the generalfund levy for the school fiscal year immediately preceding the school fiscalyear for which aid is being calculated was at least ninety-six cents per onehundred dollars of taxable valuation for aid calculated for school fiscalyear 2008-09 and at least one dollar per one hundred dollars of taxable valuationfor aid calculated for school fiscal year 2009-10 and each school fiscal yearthereafter. For school districts that are members of a learning community,the general fund levy for purposes of this section includes both the commongeneral fund levy and the school district general fund levy authorized pursuantto subdivisions (2)(b) and (2)(c) of section 77-3442. The averaging adjustmentfor aid calculated for school fiscal year 2008-09 shall equal seventy-fivepercent of the product of the district's formula students multiplied by thepercentage specified in subsection(4) of this section for such district of the difference betweenthe averagingadjustment threshold minus such district's basic funding per formulastudent. The averaging adjustment for aid calculated for school fiscal year2009-10 and each school fiscal year thereafter shall equal the district'sformula students multiplied by the percentage specified in this section forsuch district of the difference between the averaging adjustment threshold minus such district'sbasic funding per formula student.(2)(a) Forschool fiscal year 2008-09, the averaging adjustment threshold shall equalthe statewide average basic funding per formula student.(b) For schoolfiscal year 2009-10 and each school fiscal year thereafter, the averagingadjustment threshold shall equal the lesser of (i) the averaging adjustmentthreshold for the school fiscal year immediately preceding the school fiscalyear for which aid is being calculated increased by the sum of the basic allowablegrowth rate plus five-tenths of one percent or (ii) the statewide averagebasic funding per formula student for the school fiscal year for which aidis being calculated.(3) Thepercentage to be used in the calculation of an averaging adjustment shallbe based on the general fund levy for the school fiscal year immediately precedingthe school fiscal year for which aid is being calculated.(4) The percentages to beused in the calculation of averaging adjustments for school fiscal year 2008-09shall be as follows:(a) If such levy was at least ninety-six cents per one hundreddollars of taxable valuation but less than ninety-seven cents per one hundreddollars of taxable valuation, the percentage shall be ten percent;(b) If such levy was at least ninety-seven cents per one hundreddollars of taxable valuation but less than ninety-eight cents per one hundreddollars of taxable valuation, the percentage shall be twenty percent;(c) If such levy was at least ninety-eight cents per one hundreddollars of taxable valuation but less than ninety-nine cents per one hundreddollars of taxable valuation, the percentage shall be thirty percent;(d) If such levy was at least ninety-nine cents per one hundreddollars of taxable valuation but less than one dollar per one hundred dollarsof taxable valuation, the percentage shall be forty percent;(e) If such levy was at least one dollar per one hundred dollarsof taxable valuation but less than one dollar and one cent per one hundreddollars of taxable valuation, the percentage shall be fifty percent;(f) If such levy was at least one dollar and one cent perone hundred dollars of taxable valuation but less than one dollar and twocents per one hundred dollars of taxable valuation, the percentage shall besixty percent;(g) If such levy was at least one dollar and two cents perone hundred dollars of taxable valuation but less than one dollar and threecents per one hundred dollars of taxable valuation, the percentage shall beseventy percent;(h) If such levy was at least one dollar and three cents perone hundred dollars of taxable valuation but less than one dollar and fourcents per one hundred dollars of taxable valuation, the percentage shall beeighty percent; and(i) If such levy was at least one dollar and four cents perone hundred dollars of taxable valuation, the percentage shall be ninety percent.(5) The percentages to beused in the calculation of averaging adjustments for school fiscal year 2009-10and each school fiscal year thereafter shall be as follows:(a) If such levy was at least one dollar per one hundred dollarsof taxable valuation but less than one dollar and one cent per one hundreddollars of taxable valuation, the percentage shall be fifty percent;(b) If such levy was at least one dollar and one cent perone hundred dollars of taxable valuation but less than one dollar and twocents per one hundred dollars of taxable valuation, the percentage shall besixty percent;(c) If such levy was at least one dollar and two cents perone hundred dollars of taxable valuation but less than one dollar and threecents per one hundred dollars of taxable valuation, the percentage shall beseventy percent;(d) If such levy was at least one dollar and three cents perone hundred dollars of taxable valuation but less than one dollar and fourcents per one hundred dollars of taxable valuation, the percentage shall beeighty percent; and(e) If such levy was at least one dollar and four cents perone hundred dollars of taxable valuation, the percentage shall be ninety percent. SourceLaws 2008, LB988, § 20; Laws 2009, LB545, § 9.