15-962

15-962. Soft capital allocation

A. A soft capital allocation per student count is established for fiscal year
1999-2000, as follows:

1. For kindergarten programs and grades one through eight, multiply one hundred
ninety-four dollars thirty cents by the weight which corresponds to the student count for
kindergarten programs and grades one through eight for the school district as provided in
section 15-943, paragraph 1, subdivision (a), column 3.

2. For grades nine through twelve, multiply one hundred ninety-four dollars thirty
cents by the weight which corresponds to the student count as provided in section 15-943,
paragraph 1, subdivision (a), column 3.

3. For a school district with a student count of six hundred or more in
kindergarten programs and grades one through eight or grades nine through twelve,
multiply one hundred ninety-four dollars thirty cents by 1.158.

4. For programs for preschool children with disabilities, multiply one hundred
ninety-four dollars thirty cents by 1.158.

B. Beginning with fiscal year 1999-2000, the soft capital allocation prescribed in
subsection A of this section shall be adjusted by the growth rate prescribed by law,
subject to appropriation.

C. Beginning in fiscal year 1999-2000, the soft capital allocation for a school
district is computed as follows:

1. Select the applicable soft capital allocation per student count for the school
district as provided in subsection A of this section.

2. Multiply the amount selected in paragraph 1 of this subsection by the
appropriate student count of the school district. The student count of the school
district shall not include any pupils in a charter school sponsored by the school
district pursuant to section 15-185, subsection A, paragraph 3.

D. A school district shall receive its soft capital allocation in the amount
determined in this section from monies appropriated for this purpose to the department of
education. Soft capital allocation monies shall only be used for short-term capital
items that are required to meet academic adequacy standards such as technology,
textbooks, library resources, instructional aids, pupil transportation vehicles,
furniture and equipment. School districts shall not use any portion of soft capital
allocation monies for maintenance and operation expenses. School districts may use soft
capital allocation monies to meet administrative soft capital purposes after complying
with the adequacy standards prescribed in section 15-2011.

E. School districts shall establish a district soft capital allocation fund and
shall use the monies only for the purposes prescribed in subsection D of this
section. The ending unexpended budget balance in the school district's soft capital
allocation fund may be used in following fiscal years for short-term capital items.
School districts shall provide to the superintendent of public instruction an itemized
accounting on forms provided by the department of education that details the expenditures
of soft capital allocation monies at each school in the district. The superintendent of
public instruction shall forward a copy of the report to the school facilities board
established by section 15-2001.

F. A school district governing board may petition the state board of education for
authority to budget and accumulate for school construction, building renovation or soft
capital purposes a portion of the prior year's ending cash balance, not to exceed the
amount of title VIII of the elementary and secondary education act of 1965 monies which
the school district was entitled to receive in the prior year, as computed by the
superintendent of public instruction, if:

1. The governing board filed with the United States department of education
division of impact aid an approved application for federal assistance for construction
under P.L. 81-815 for the current or budget year and has been advised by the division of
impact aid that no federal monies are available to fund its application.

2. The school district has a computed assessed valuation per pupil which is below
the median amount computed by the superintendent of public instruction for all school
districts.

3. The governing board has used any available revenues to reduce its primary tax
rate to zero for any year in which it petitions to budget and accumulate monies received
under title VIII of the elementary and secondary education act of 1965 for school
construction purposes.

The state board of education may grant approval to a school district governing board to
annually budget in the unrestricted capital outlay section of the budget a portion of the
cash balance, not to exceed the amount of title VIII of the elementary and secondary
education act of 1965 monies which the school district was entitled to receive in the
prior year as computed by the superintendent of public instruction.

G. The state board of education shall not include in the aggregate expenditures of
local revenues as determined in section 15-911 the amount of revenues collected pursuant
to the soft capital allocation limit. The amount of revenues collected for the soft
capital allocation limit is the capital levy as authorized by law.