Amount to be spent on tuition, retirement and compensation--baseschool year certificated salary percentage--exemption andrevision--penalty--exceptions--termination date.
165.016. 1. A school district shall expend as a percentage ofcurrent operating cost, for tuition, teacher retirement and compensation ofcertificated staff, a percentage that is for the 1994-95 and 1995-96 schoolyears no less than three percentage points less than the base school yearcertificated salary percentage and for the 1996-97 school year, no lessthan two percentage points less than the base school year certificatedsalary percentage. A school district may exclude transportation and schoolsafety and security expenditures from the current operating costcalculation of the base year and the year or years for which the compliancepercentage is calculated. The base school year certificated salarypercentage shall be the two-year average percentage of the 1991-92 and1992-93 school years except as otherwise established by the state boardunder subsection 4 of this section; except that, for any school districtexperiencing, over a period of three consecutive years, an average yearlyincrease in average daily attendance of at least three percent, the baseschool year certificated salary percentage may be the two-year averagepercentage of the last two years of such period of three consecutive years,at the discretion of the school district.
2. Beginning with the 1997-98 school year, a school district shall:
(1) Expend, as a percentage of current operating cost, as determinedin subsection 1 of this section, for tuition, teacher retirement andcompensation of certificated staff, a percentage that is no less than twopercentage points less than the base school year certificated salarypercentage; or
(2) For any year in which no payment of a penalty is required for thedistrict under subsection 6 of this section, have an unrestricted fundbalance in the combined incidental and teachers' funds on June thirtiethwhich is equal to or less than ten percent of the combined expenditures forthe year from those funds.
3. Beginning with the 1999-00 school year:
(1) As used in this subsection, "fiscal instructional ratio ofefficiency" or "FIRE" means the quotient of the sum of the district'scurrent operating costs, which for this section shall mean all expendituresfor instruction and support services, excluding capital outlay and debtservice expenditures less the revenue from federal categorical sources,food service, student activities, and payments from other districts, forall kindergarten through grade twelve direct instructional and direct pupilsupport service functions plus the costs of improvement of instruction andthe cost of purchased services and supplies for operation of the facilitieshousing those programs, and excluding student activities, divided by thesum of the district's current operating cost, as defined in thissubdivision, for kindergarten through grade twelve, plus all tuitionrevenue received from other districts minus all noncapital transportationand school safety and security costs;
(2) A school district shall show compliance with this section inschool year 1998-99 and thereafter by the method described in subsections 1and 2 of this section, or by maintaining or increasing its fiscalinstructional ratio of efficiency compared to its FIRE for the 1997-98 baseyear.
4. (1) The state board of education may exempt a school districtfrom the requirements of this section upon receiving a request for anexemption by a school district. The request shall show the reason orreasons for the noncompliance, and the exemption shall apply for only oneschool year. Requests for exemptions under this subdivision may beresubmitted in succeeding years.
(2) A school district may request of the state board a one-time,permanent revision of the base school year certificated salary percentage.The request shall show the reason or reasons for the revision.
5. Any school district requesting an exemption or revision undersubsection 4 of this section must notify the certified staff of thedistrict in writing of the district's intent. Prior to granting anexemption or revision, the state board shall consider comments fromcertified staff of the district. The state board decision shall be final.
6. Any school district which is determined by the department to be inviolation of the requirements of subsection 1 or 2 of this section, orboth, shall compensate the building-level administrative staff andnonadministrative certificated staff during the year following the noticeof violation by an additional amount which is equal to one hundred tenpercent of the amount necessary to bring the district into compliance withthis section for the year of violation. In any year in which a penalty ispaid, the district shall pay the penalty specified in this subsection inaddition to the amount required under this section for the current schoolyear.
7. Any additional transfers from the teachers' or incidental fund tothe capital projects fund beyond the transfers authorized by state law andstate board policy in effect on January 1, 1996, shall be consideredexpenditures from the teachers' or incidental fund for the purpose ofdetermining compliance with the provisions of subsections 1, 2 and 3 ofthis section.
8. The provisions of this section shall not apply to any districtwherein the local effort is greater than its weighted average dailyattendance multiplied by the state adequacy target multiplied by the dollarvalue modifier under section 163.031, RSMo.
9. The provisions of subsections 1 to 8 of this section shall notapply to any district that has unrestricted fund balances in the combinedincidental and teacher funds on June thirtieth of the preceding year whichare equal to or less than seventeen percent of the combined expenditure forthe preceding year from these funds in any year in which state fundsdistributed pursuant to subsections 1 and 2 of section 163.031, RSMo, areno more than ninety-six percent of such state funds distributed in fiscalyear 2002.
10. The provisions of subsections 1 to 8 of this section shall notapply to any district which meets the following criteria:
(1) With ten percent or more of its assessed valuation that is ownedby one person or corporation as commercial or personal property who isdelinquent in a property tax payment;
(2) With unrestricted fund balances in the combined incidental andteacher funds on June thirtieth of the preceding year which are equal to orless than one-half of the local property tax revenue for the previous year;and
(3) In any year in which state funds distributed pursuant tosubsections 1 and 2 of section 163.031, RSMo, are no more than ninety-sixpercent of such state funds distributed in fiscal year 2002.
11. The provisions of this section shall terminate on June 30, 2007.
Amount to be spent on tuition, retirement and compensation--baseschool year certificated salary percentage--exemption andrevision--penalty--exceptions--termination date.
165.016. 1. A school district shall expend as a percentage ofcurrent operating cost, for tuition, teacher retirement and compensation ofcertificated staff, a percentage that is for the 1994-95 and 1995-96 schoolyears no less than three percentage points less than the base school yearcertificated salary percentage and for the 1996-97 school year, no lessthan two percentage points less than the base school year certificatedsalary percentage. A school district may exclude transportation and schoolsafety and security expenditures from the current operating costcalculation of the base year and the year or years for which the compliancepercentage is calculated. The base school year certificated salarypercentage shall be the two-year average percentage of the 1991-92 and1992-93 school years except as otherwise established by the state boardunder subsection 4 of this section; except that, for any school districtexperiencing, over a period of three consecutive years, an average yearlyincrease in average daily attendance of at least three percent, the baseschool year certificated salary percentage may be the two-year averagepercentage of the last two years of such period of three consecutive years,at the discretion of the school district.
2. Beginning with the 1997-98 school year, a school district shall:
(1) Expend, as a percentage of current operating cost, as determinedin subsection 1 of this section, for tuition, teacher retirement andcompensation of certificated staff, a percentage that is no less than twopercentage points less than the base school year certificated salarypercentage; or
(2) For any year in which no payment of a penalty is required for thedistrict under subsection 6 of this section, have an unrestricted fundbalance in the combined incidental and teachers' funds on June thirtiethwhich is equal to or less than ten percent of the combined expenditures forthe year from those funds.
3. Beginning with the 1999-00 school year:
(1) As used in this subsection, "fiscal instructional ratio ofefficiency" or "FIRE" means the quotient of the sum of the district'scurrent operating costs, which for this section shall mean all expendituresfor instruction and support services, excluding capital outlay and debtservice expenditures less the revenue from federal categorical sources,food service, student activities, and payments from other districts, forall kindergarten through grade twelve direct instructional and direct pupilsupport service functions plus the costs of improvement of instruction andthe cost of purchased services and supplies for operation of the facilitieshousing those programs, and excluding student activities, divided by thesum of the district's current operating cost, as defined in thissubdivision, for kindergarten through grade twelve, plus all tuitionrevenue received from other districts minus all noncapital transportationand school safety and security costs;
(2) A school district shall show compliance with this section inschool year 1998-99 and thereafter by the method described in subsections 1and 2 of this section, or by maintaining or increasing its fiscalinstructional ratio of efficiency compared to its FIRE for the 1997-98 baseyear.
4. (1) The state board of education may exempt a school districtfrom the requirements of this section upon receiving a request for anexemption by a school district. The request shall show the reason orreasons for the noncompliance, and the exemption shall apply for only oneschool year. Requests for exemptions under this subdivision may beresubmitted in succeeding years.
(2) A school district may request of the state board a one-time,permanent revision of the base school year certificated salary percentage.The request shall show the reason or reasons for the revision.
5. Any school district requesting an exemption or revision undersubsection 4 of this section must notify the certified staff of thedistrict in writing of the district's intent. Prior to granting anexemption or revision, the state board shall consider comments fromcertified staff of the district. The state board decision shall be final.
6. Any school district which is determined by the department to be inviolation of the requirements of subsection 1 or 2 of this section, orboth, shall compensate the building-level administrative staff andnonadministrative certificated staff during the year following the noticeof violation by an additional amount which is equal to one hundred tenpercent of the amount necessary to bring the district into compliance withthis section for the year of violation. In any year in which a penalty ispaid, the district shall pay the penalty specified in this subsection inaddition to the amount required under this section for the current schoolyear.
7. Any additional transfers from the teachers' or incidental fund tothe capital projects fund beyond the transfers authorized by state law andstate board policy in effect on January 1, 1996, shall be consideredexpenditures from the teachers' or incidental fund for the purpose ofdetermining compliance with the provisions of subsections 1, 2 and 3 ofthis section.
8. The provisions of this section shall not apply to any districtwherein the local effort is greater than its weighted average dailyattendance multiplied by the state adequacy target multiplied by the dollarvalue modifier under section 163.031, RSMo.
9. The provisions of subsections 1 to 8 of this section shall notapply to any district that has unrestricted fund balances in the combinedincidental and teacher funds on June thirtieth of the preceding year whichare equal to or less than seventeen percent of the combined expenditure forthe preceding year from these funds in any year in which state fundsdistributed pursuant to subsections 1 and 2 of section 163.031, RSMo, areno more than ninety-six percent of such state funds distributed in fiscalyear 2002.
10. The provisions of subsections 1 to 8 of this section shall notapply to any district which meets the following criteria:
(1) With ten percent or more of its assessed valuation that is ownedby one person or corporation as commercial or personal property who isdelinquent in a property tax payment;
(2) With unrestricted fund balances in the combined incidental andteacher funds on June thirtieth of the preceding year which are equal to orless than one-half of the local property tax revenue for the previous year;and
(3) In any year in which state funds distributed pursuant tosubsections 1 and 2 of section 163.031, RSMo, are no more than ninety-sixpercent of such state funds distributed in fiscal year 2002.
11. The provisions of this section shall terminate on June 30, 2007.
Amount to be spent on tuition, retirement and compensation--baseschool year certificated salary percentage--exemption andrevision--penalty--exceptions--termination date.
165.016. 1. A school district shall expend as a percentage ofcurrent operating cost, for tuition, teacher retirement and compensation ofcertificated staff, a percentage that is for the 1994-95 and 1995-96 schoolyears no less than three percentage points less than the base school yearcertificated salary percentage and for the 1996-97 school year, no lessthan two percentage points less than the base school year certificatedsalary percentage. A school district may exclude transportation and schoolsafety and security expenditures from the current operating costcalculation of the base year and the year or years for which the compliancepercentage is calculated. The base school year certificated salarypercentage shall be the two-year average percentage of the 1991-92 and1992-93 school years except as otherwise established by the state boardunder subsection 4 of this section; except that, for any school districtexperiencing, over a period of three consecutive years, an average yearlyincrease in average daily attendance of at least three percent, the baseschool year certificated salary percentage may be the two-year averagepercentage of the last two years of such period of three consecutive years,at the discretion of the school district.
2. Beginning with the 1997-98 school year, a school district shall:
(1) Expend, as a percentage of current operating cost, as determinedin subsection 1 of this section, for tuition, teacher retirement andcompensation of certificated staff, a percentage that is no less than twopercentage points less than the base school year certificated salarypercentage; or
(2) For any year in which no payment of a penalty is required for thedistrict under subsection 6 of this section, have an unrestricted fundbalance in the combined incidental and teachers' funds on June thirtiethwhich is equal to or less than ten percent of the combined expenditures forthe year from those funds.
3. Beginning with the 1999-00 school year:
(1) As used in this subsection, "fiscal instructional ratio ofefficiency" or "FIRE" means the quotient of the sum of the district'scurrent operating costs, which for this section shall mean all expendituresfor instruction and support services, excluding capital outlay and debtservice expenditures less the revenue from federal categorical sources,food service, student activities, and payments from other districts, forall kindergarten through grade twelve direct instructional and direct pupilsupport service functions plus the costs of improvement of instruction andthe cost of purchased services and supplies for operation of the facilitieshousing those programs, and excluding student activities, divided by thesum of the district's current operating cost, as defined in thissubdivision, for kindergarten through grade twelve, plus all tuitionrevenue received from other districts minus all noncapital transportationand school safety and security costs;
(2) A school district shall show compliance with this section inschool year 1998-99 and thereafter by the method described in subsections 1and 2 of this section, or by maintaining or increasing its fiscalinstructional ratio of efficiency compared to its FIRE for the 1997-98 baseyear.
4. (1) The state board of education may exempt a school districtfrom the requirements of this section upon receiving a request for anexemption by a school district. The request shall show the reason orreasons for the noncompliance, and the exemption shall apply for only oneschool year. Requests for exemptions under this subdivision may beresubmitted in succeeding years.
(2) A school district may request of the state board a one-time,permanent revision of the base school year certificated salary percentage.The request shall show the reason or reasons for the revision.
5. Any school district requesting an exemption or revision undersubsection 4 of this section must notify the certified staff of thedistrict in writing of the district's intent. Prior to granting anexemption or revision, the state board shall consider comments fromcertified staff of the district. The state board decision shall be final.
6. Any school district which is determined by the department to be inviolation of the requirements of subsection 1 or 2 of this section, orboth, shall compensate the building-level administrative staff andnonadministrative certificated staff during the year following the noticeof violation by an additional amount which is equal to one hundred tenpercent of the amount necessary to bring the district into compliance withthis section for the year of violation. In any year in which a penalty ispaid, the district shall pay the penalty specified in this subsection inaddition to the amount required under this section for the current schoolyear.
7. Any additional transfers from the teachers' or incidental fund tothe capital projects fund beyond the transfers authorized by state law andstate board policy in effect on January 1, 1996, shall be consideredexpenditures from the teachers' or incidental fund for the purpose ofdetermining compliance with the provisions of subsections 1, 2 and 3 ofthis section.
8. The provisions of this section shall not apply to any districtwherein the local effort is greater than its weighted average dailyattendance multiplied by the state adequacy target multiplied by the dollarvalue modifier under section 163.031, RSMo.
9. The provisions of subsections 1 to 8 of this section shall notapply to any district that has unrestricted fund balances in the combinedincidental and teacher funds on June thirtieth of the preceding year whichare equal to or less than seventeen percent of the combined expenditure forthe preceding year from these funds in any year in which state fundsdistributed pursuant to subsections 1 and 2 of section 163.031, RSMo, areno more than ninety-six percent of such state funds distributed in fiscalyear 2002.
10. The provisions of subsections 1 to 8 of this section shall notapply to any district which meets the following criteria:
(1) With ten percent or more of its assessed valuation that is ownedby one person or corporation as commercial or personal property who isdelinquent in a property tax payment;
(2) With unrestricted fund balances in the combined incidental andteacher funds on June thirtieth of the preceding year which are equal to orless than one-half of the local property tax revenue for the previous year;and
(3) In any year in which state funds distributed pursuant tosubsections 1 and 2 of section 163.031, RSMo, are no more than ninety-sixpercent of such state funds distributed in fiscal year 2002.
11. The provisions of this section shall terminate on June 30, 2007.
