State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1033

79-1033. State aid; payments;reports; use; requirements; failure to submit reports; effect; early payments.(1) Except as otherwise provided in the Tax Equity and EducationalOpportunities Support Act, state aid payable pursuant to the act for eachschool fiscal year shall be based upon data found in applicable reports forthe most recently available complete data year. The annual financial reportsand the annual statistical summary of all school districts shall be submittedto the Commissioner of Education pursuant to the dates prescribed in section 79-528. If a school district fails to timely submit its reports, the commissioner,after notice to the district and an opportunity to be heard, shall directthat any state aid granted pursuant to the act be withheld until such timeas the reports are received by the department. In addition, the commissionershall direct the county treasurer to withhold all school money belonging tothe school district until such time as the commissioner notifies the countytreasurer of receipt of such reports. The county treasurer shall withholdsuch money. For school districts that are members of learning communities,a determination of school money belonging to the district shall be based onthe proportionate share of state aid and property tax receipts allocated tothe school district by the learning community coordinating council, and the county treasurer shall withhold any such school money in the possessionof the countytreasurer from the school district. If the school district doesnot comply with this section prior to the end of the state's biennium followingthe biennium which included the school fiscal year for which state aid wascalculated, the state aid funds shall revert to the General Fund. The amountof any reverted funds shall be included in data provided to the Governor inaccordance with section 79-1031.(2) A district which receives, or has received in the mostrecently available complete data year or in either of the two school fiscalyears preceding the most recently available complete data year, federal fundsin excess of twenty-five percent of its general fund budget of expendituresmay apply for early payment of state aid paid pursuant to the act when suchfederal funds are not received in a timely manner. Such application may bemade at any time by a district suffering such financial hardship and may befor any amount up to fifty percent of the remaining amount to which the districtis entitled during the current school fiscal year. The state board may grantthe entire amount applied for or any portion of such amount if the state boardfinds that a financial hardship exists in the district. The state board shallnotify the Director of Administrative Services of the amount of funds to bepaid in lump sum and the reduced amount of the monthly payments. The Directorof Administrative Services shall, at the time of the next state aid paymentmade pursuant to section 79-1022, draw a warrant for the lump-sum amount fromappropriated funds and forward such warrant to the district. For purposesof this subsection, financial hardship means a situation in which income toa district is exceeded by liabilities to such a degree that if early paymentis not received it will be necessary for the district to discontinue vitalservices or functions. SourceLaws 1990, LB 1059, § 24; Laws 1991, LB 511, § 88; Laws 1992, LB 245, § 93; Laws 1992, LB 1001, § 44; Laws 1993, LB 348, § 73; Laws 1994, LB 1290, § 9; R.S.1943, (1994), § 79-3824; Laws 1996, LB 900, § 679; Laws 1997, LB 710, § 18; Laws 1998, Spec. Sess., LB 1, § 36; Laws 1999, LB 272, § 94; Laws 2006, LB 1024, § 92; Laws 2009, LB392, § 12.