15-1466

15-1466. State aid; eligibility;
limitations

A. Subject to legislative appropriation, the legislature shall determine and
appropriate the amount of state aid each fiscal year to each district possessing the
qualifications as prescribed in this chapter.

B. The state shall determine the amount of state aid, as prescribed in subsection D
of this section, appropriated to each district for the fiscal year prior to the fiscal
year for which the state aid is being calculated.

C. Each district qualified under this chapter shall have its state aid adjusted in
an amount that reflects the growth or decrease in the full-time equivalent student count
of the district calculated as follows:

1. Calculate the growth or decrease in the actual, audited full-time equivalent
student count between the second and third most recent fiscal years prior to the fiscal
year for which the state aid is being calculated for each district.

2. Calculate the average appropriation per full-time equivalent student for all
districts by dividing the amount determined in subsection B of this section by the
actual, audited full-time equivalent student count for all districts in the most recent
fiscal year.

3. Multiply the amount calculated in paragraph 1 of this subsection by the average
appropriation calculated in paragraph 2 of this subsection. This amount equals the
adjustment required pursuant to this section.

D. The total amount appropriated to each district each fiscal year in accordance
with this section shall serve as the amount of state aid to be adjusted in the next
fiscal year. A district is eligible for growth funding pursuant to this section only for
the portion of its most recent audited full-time student equivalent count that exceeds
the audited full-time student equivalent count recorded for the district for the most
recent fiscal year in which an adjustment was previously made pursuant to subsection C of
this section.

E. To be eligible for state aid, a district shall:

1. Be equipped with suitable buildings, equipment and campus.

2. Have at least three hundred twenty full-time equivalent students attending in
the district.

3. Have complied with all of the requirements of the district board including
budgets and curriculum.

F. The total amount of state monies that may be spent in any fiscal year by a
district for operating state aid shall not exceed the amount appropriated or authorized
by section 35-173 for that purpose. Notwithstanding section 15-1444, this section shall
not be construed to impose a duty on an officer, agent or employee of this state to
discharge a responsibility or to create any right in a person or group if the discharge
or right would require an expenditure of state monies in excess of the expenditure
authorized by legislative appropriation for that specific purpose, including any duties
prescribed in an employment contract entered into pursuant to section 15-1444, subsection
A, paragraph 6.

G. In addition to the formula to determine the state aid appropriations prescribed
in this section, the state may pay additional amounts for state aid to a district based
on requests included in the district's budget request.

H. This section does not entitle a community college operated by a qualified Indian
tribe to state aid for community colleges pursuant to this chapter.