State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1007_07

79-1007.07. Financialreports relating to poverty allowance; department; duties; report; appealof department decisions.(1)(a) For school fiscalyear 2007-08, the annual financial report required pursuant to section 79-528shall include:(i) The amount of federal funds received based on povertyas defined by the federal program providing the funds; and(ii) The expenditures and sources of funding for each programrelated to poverty with a narrative description of the program and the methodused to allocate money to the program and within the program.(b) The department shall set up accounting codes for thereceipts and expenditures required to be reported on the annual financialreport pursuant to this subsection. The department shall also determine foreach school district an amount that shall be deemed the poverty allowancefor purposes of this section. Such amount shall equal the adjustments to theweighted formula students pursuant to subdivision (1)(c)(iii) of section 79-1007.01multiplied by the average formula cost per student in the school district'scost grouping.(2)(a) For school fiscal year 2008-09 and each school fiscalyear thereafter, the annual financial report required pursuant to section 79-528 shall include:(i) The amount of the poverty allowance used in the certificationof state aid pursuant to section 79-1022 for such school fiscal year;(ii) The amount of federal funds received based on povertyas defined by the federal program providing the funds;(iii) The expenditures and sources of funding for each programrelated to poverty with a narrative description of the program, the methodused to allocate money to the program and within the program, and the program'srelationship to the poverty plan submitted pursuant to section 79-1013 forsuch school fiscal year;(iv) The expenditures and sources of funding for supportcosts directly attributable to implementing the district's poverty plan; and(v) An explanation of how any required elements of the povertyplan for such school fiscal year were met.(b) The department shall set up accounting codes for thereceipts and expenditures required to be reported on the annual financialreport pursuant to this subsection.(3) For school fiscal year 2009-10 and each school fiscalyear thereafter, the department shall determine the poverty allowance expendituresusing the reported expenditures on the annual financial report for the mostrecently available complete data year that would include in the poverty allowanceexpenditures only those expenditures that were used to specifically addressissues related to the education of students living in poverty or to the implementationof the poverty plan, that do not replace expenditures that would have occurredif the students involved in the program did not live in poverty, that arenot included in other allowances, and that are paid for with noncategoricalfunds generated by state or local taxes orfunds distributed through the Tax Equity and Educational Opportunities SupportAct pursuant to the federal American Recovery and Reinvestment Act of 2009.The department shall establish a procedure to allow school districts to receivepreapproval for categories of expenditures that could be included in povertyallowance expenditures.(4) For school fiscal year 2009-10 and each school fiscalyear thereafter, if the poverty allowance expenditures do not equal 117.65percent or more of the poverty allowance for the most recently available completedata year, the department shall calculate a poverty allowance correction.The poverty allowance correction shall equal the poverty allowance minus eighty-fivepercent of the poverty allowance expenditures. If the poverty allowance expendituresdo not equal fifty percent or more of the allowance for such school fiscalyear, the school district shall also be disqualified from receiving a povertyallowance for the school fiscal year for which aid is being calculated.(5) For school fiscal year 2010-11 and each school fiscalyear thereafter, if the department determines that the school district didnot meet the required elements of the poverty plan for the most recently availablecomplete data year, the department shall calculate a poverty allowance correctionequal to fifty percent of the poverty allowance for such school fiscal yearand the school district shall also be disqualified from receiving a povertyallowance for the school fiscal year for which aid is being calculated. Anypoverty allowance correction calculated pursuant to this subsection shallbe added to any poverty allowance correction calculated pursuant to subsection(4) of this section to arrive at the total poverty allowance correction.(6) The department may request additional information fromany school district to assist with calculations and determinations pursuantto this section. If the school district does not provide information uponthe request of the department pursuant to this section, the school districtshall be disqualified from receiving a poverty allowance for the school fiscalyear for which aid is being calculated.(7) The department shall annually provide the Legislaturewith a report containing a general description of the expenditures and fundingsources for programs related to poverty statewide and specific descriptionsof the expenditures and funding sources for programs related to poverty foreach school district.(8) The state board shall establish a procedure for appealof decisions of the department to the state board for a final determination. SourceLaws 2006, LB 1024, § 80; Laws 2007, LB641, § 20; Laws 2008, LB988, § 29; Laws 2009, LB545, § 5.