reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.39 - Special Education Cooperatives › Rule 10.16.3902 - MANAGEMENT BOARD

Current through Register Vol. 13, July 5, 2024
(1) The management
				board is responsible for administering the cooperative and is comprised of
				trustees of the participating districts or their authorized
				representatives.
(2) Designation of
				the representative shall be by formal action taken annually. Formal action
				shall be in the form of a resolution of the trustees of a participating
				district which names one of the trustees or an authorized representative to
				serve on the management board. The same person may be the authorized
				representative of more than one board of trustees.
(3) The interlocal agreement shall specify
				the voting powers of the member districts.
20-7-457,
					 MCA; IMP,
					 20-7-452,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.39 - Special Education Cooperatives › Rule 10.16.3903 - NONPARTICIPATING DISTRICTS

Current through Register Vol. 13, July 5, 2024
(1) The interlocal
				agreement shall require annual notification of opportunity to join to
				nonparticipating districts within the geographic boundary of the cooperative.
				This annual notification must be provided to nonparticipating districts no
				later than October 1 of each fiscal year and must require response within 60
				days from those districts who wish to join.
20-7-457,
					 MCA; IMP,
					 20-7-452,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.39 - Special Education Cooperatives › Rule 10.16.3904 - PROCEDURES FOR APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) A draft of a
				new or amended interlocal agreement shall be submitted to the Superintendent of
				Public Instruction for review and approval. Upon approval, the cooperative
				contract shall be filed with the county Clerk and Recorder of the county or
				counties in which the school districts involved are located and with the
				Secretary of State.
20-7-457,
					 MCA; IMP,
					 20-7-453,
					 20-7-454,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.1 - ANB › Rule 10.20.101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 20-9-346,
					 20-9-369,
					 MCA; IMP,
					 20-9-313,
					 20-9-314,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.1 - ANB › Rule 10.20.102 - CALCULATION OF AVERAGE NUMBER BELONGING (ANB)

Current through Register Vol. 13, July 5, 2024
(1) A school must
				receive accreditation from the Board of Public Education before the pupils
				attending the school are eligible for ANB calculation purposes and for
				determining the BASE funding program for the district.
(2) The Superintendent of Public Instruction
				shall determine the appropriate budget units for the ANB calculation and the
				BASE funding program for the district. The enrollment generated by a budget
				unit that is subsequently closed shall be added to the enrollment of another
				budget unit of the district for the first year after the closing of a budget
				unit if students are enrolled in the other budget unit.
(3) If the school district has not received
				accreditation by the Board of Public Education for students in grades 7 and 8
				funded at the high school per-ANB entitlement rate, the Superintendent of
				Public Instruction shall certify the regularly enrolled 7th and 8th grade
				students as elementary pupils for ANB purposes. The school district must budget
				accordingly..
(4) The official
				count of enrolled students, as defined in ARM
				10.15.101, is taken on the first
				Monday in October and the first Monday in February, or the next school day if
				those dates do not fall on a school day.
(a)
				A school district may not count as enrolled for purposes of ANB calculations a
				student who has been absent for the 11th consecutive pupil instruction day
				immediately prior to and including the official count date.
(b) A school district may not count as
				enrolled on the count date a student who:
(i)
				has enrolled in another public school district;
(ii) will not resume attendance according to
				notification received by the district;
(iii) has had records transferred to another
				school; or
(iv) is otherwise unable
				to continue in attendance.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.1 - ANB › Rule 10.20.102A - BUDGET UNIT

Current through Register Vol. 13, July 5, 2024
(1) The 20 mile
				minimum described in
				20-9-311(8),
				MCA, will be measured as the shortest passable route on a road between one
				school of the district and another school of the district or between a school
				of the district and the official boundary of an incorporated city or town
				located in the district.
(2) Those
				students in the 7th and 8th grade who are enrolled in programs which were
				approved and accredited by the Board of Public Education will be considered
				high school pupils for ANB purposes and for determining the total per-ANB
				entitlement as provided in
				20-9-306,
				MCA. The basic entitlement for the budget unit which includes those students
				will be calculated as provided in
				20-9-306,
				MCA.
20-9-102,
					 MCA; IMP,
					 20-9-311,
					 20-9-313,
					 20-9-314,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.1 - ANB › Rule 10.20.103 - CIRCUMSTANCES UNDER WHICH THE REGULAR ANB MAY BE INCREASED FOR THE ENSUING SCHOOL FISCAL YEAR

Current through Register Vol. 13, July 5, 2024
(1) The board of
				trustees or the county superintendent will provide information requested by the
				Superintendent of Public Instruction to establish the basis for an increase in
				ANB and the estimates or data required to determine the number of additional
				ANB to be approved for the situations as listed in
				20-9-313,
				MCA, or special unanticipated circumstances resulting from the implementation
				of
				20-9-311,
				MCA.
(2) A district that
				experiences an unanticipated enrollment increase after the beginning of the
				school fiscal year may apply to the Superintendent of Public Instruction for an
				increase in the district direct state aid amount provided the unanticipated
				enrollment increase meets the requirements of ARM
				10.20.105, and the district has
				adopted a budget amendment for the unanticipated enrollment increase in
				accordance with the provisions of
				20-9-161
				through
				20-9-165,
				MCA, and ARM
				10.22.201 through
				10.22.206.
(a) Receipt of the adopted budget amendment
				resolution signed by the presiding officer of the trustees and the district
				clerk will be considered the request for additional state assistance.
(b) In order to be eligible to receive
				additional state assistance, the district must submit a petition for permission
				to adopt a budget amendment resolution due to an unanticipated enrollment
				increase to the Superintendent of Public Instruction no later than May 31 of
				the school fiscal year to which the enrollment increase applies.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.1 - ANB › Rule 10.20.104A - INITIAL YEAR OF OPERATION OF A FULL-TIME KINDERGARTEN PROGRAM - ANB CALCULATION

Current through Register Vol. 13, July 5, 2024
(1) School district
				trustees may apply to the Superintendent of Public Instruction for increased
				ANB for the initial year of operation of a full-time kindergarten program as
				provided in
				20-9-313,
				MCA.
(2) The additional ANB for the
				ensuing year shall be calculated by elementary budget unit as follows:
(a) determine the average prior year
				kindergarten enrollment for the semiannual enrollment counts;
(b) multiply the amount calculated in (2)(a)
				by the anticipated percentage of kindergarten students enrolled in the district
				in 20XX-1, rounding the percentage to two decimal places (i.e.,
				XX.XX%);
(c) recalculate the
				district's ANB per ARM
				10.20.102 using the adjusted
				average kindergarten enrollment count calculated in (2)(b); and
(d) determine the increase in ANB by
				subtracting the original ANB from the ANB calculated in (2)(c).
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.1 - ANB › Rule 10.20.105 - UNANTICIPATED ENROLLMENT INCREASE

Current through Register Vol. 13, July 5, 2024
(1) If a budget
				amendment resulting from an unanticipated increased enrollment has been adopted
				pursuant to
				20-9-161
				through
				20-9-166,
				MCA, the eligibility for and number of increased ANB for the current school
				fiscal year due to an unanticipated elementary or high school enrollment
				increase will be computed pursuant to
				20-9-314,
				MCA. Elementary district and high school district calculations are always
				separate. In the case of a K-12 district, make separate enrollment calculations
				for the elementary and high school levels of the K-12 district.
(a) The enrollment determined from the
				enrollment reported on the fall enrollment report or the spring enrollment
				report form for official reporting is defined as the "current year enrollment"
				(CYE) for purposes of this calculation. However, kindergarten enrollment for a
				variance which provides 90 full days of instruction in a single semester may be
				counted as one instead of one-half.
(b) Determine the prior year enrollment. For
				purposes of this calculation, "prior year enrollment" (PYE) will mean the
				adjusted and averaged enrollment used for the current ANB or three-year average
				ANB, whichever was used as budgeted ANB.
(c) Determine the "enrollment increase" (EI)
				by subtracting the prior year enrollment from the current year enrollment. EI =
				CYE - PYE.
(d) Determine the
				enrollment increase as a percentage of the prior year enrollment by dividing
				the enrollment increase calculated in (1) (c) by the prior year enrollment. EI
				divided by PYE = %.
(e) If the
				enrollment increase calculated in (c) exceeds 40 students, or if the enrollment
				increase as a percentage of the prior year enrollment calculated in (d) exceeds
				4%, the Superintendent of Public Instruction will recalculate and adjust the
				current year's basic entitlement and total per-ANB entitlement in accordance
				with
				20-9-314(5),
				MCA, using the recalculation of ANB in (2).
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.1 - ANB › Rule 10.20.106 - STUDENTS PLACED IN EDUCATION PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) The
				Superintendent of Public Instruction recognizes that a Montana state agency or
				court may place a Montana student in a facility located within a school
				district that is not the student's district of residence. The Superintendent of
				Public Instruction also recognizes that a district may contract with a private
				or public entity for the provision of a Montana resident student's education.
				If a district contracts and pays for the provision of a Montana student's
				education, the district may include that student in the district's enrollment
				count for purposes of calculating ANB, provided:
(a) the student, who otherwise qualifies for
				ANB, is enrolled at district expense in the district on the count
				date;
(b) the district retains
				written verification from the contractor documenting the student's
				participation in the education program on the count date;
(c) either:
(i) the contractor is accredited by the
				Montana Board of Public Education; or
(ii) the student's education program is under
				the direction and supervision of the district and is provided by district staff
				or is provided pursuant to a special education individualized education program
				implemented by the district, except that the trustees' placement of a resident
				student in a private, nonsectarian day treatment program and the state's
				placement of a student in a county or regional detention center are subject to
				(5);
(d) the contractor
				is a facility, center, home or other program licensed by and located within the
				state of Montana, excluding licensed day care centers; and
(e) the student is a resident of the district
				or meets the attendance with mandatory approval provisions of
				20-5-321(1)(d)
				or (1)(e), MCA.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.2 - Foundation Payments › Rule 10.20.201 - APPLICATION FOR INCREASED STATE AID (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-166,
					 20-9-314,
					 MCA; IMP,
					 20-9-166,
					 20-9-314,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.2 - Foundation Payments › Rule 10.20.202 - PROCEDURE FOR COMPUTING ADDITIONAL STATE AID (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-166,
					 20-9-314,
					 MCA; IMP,
					 20-9-166,
					 20-9-314,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.20 - AVERAGE NUMBER BELONGING (ANB) › Subchapter 10.20.2 - Foundation Payments › Rule 10.20.203 - FOUNDATION PROGRAM SCHEDULES FOR ADDITIONAL STAFF (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-106,
					 MCA; IMP,
					 20-9-318,
					 20-9-322,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-369,
					 MCA; IMP,
					 15-23-607,
					 15-23-703,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101A - EXPLANATION OF THE PURPOSE OF STATEWIDE AND DISTRICT GTB RATIOS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101B - CALCULATION OF STATEWIDE GTBA

Current through Register Vol. 13, July 5, 2024
(1) The
				statewide elementary or high school GTB ratio for purposes of calculating FY
				20XX+1 general fund GTBA is: 1.93 x calendar year 20XX-1 statewide taxable
				valuation / total FY 20XX elementary or high school GTBA budget area.
(2) The statewide elementary or high school
				mill value per budgeted ANB for purposes of calculating FY 20XX+1 retirement
				fund GTBA is: [(calendar year 20XX-1 statewide taxable valuation x 1.21) /
				1,000] / 20XX statewide elementary or high school budgeted ANB certified for
				the adopted budget.
(3) Facility
				guaranteed mill value per ANB for purposes of calculating FY 20XX+1 school
				facility entitlement guaranteed tax base is: [(calendar year 20XX-1 statewide
				taxable valuation x 1.40) / 1000] / FY 20XX statewide elementary or high school
				budgeted ANB certified for the adopted budget.
(4) The State Superintendent of Public
				Instruction may instead use final data in cases where significant changes in
				ANB and taxable valuation made after the adoption of the district's budget
				would significantly affect the statewide ratios or mill values per
				ANB.
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101C - NOTIFICATION OF MILL VALUES PER ANB AND GTB RATIOS

Current through Register Vol. 13, July 5, 2024
(1) By March 1 the Superintendent of Public
				Instruction will calculate preliminary state, county, and district mill values
				per ANB, facility guaranteed mill values per ANB, and preliminary state and
				district GTB ratios.
(2) By March 1
				the Superintendent of Public Instruction will send:
(a) each school district its preliminary
				figures for:
(i) the district's weighted GTB
				subsidy per mill(s) in the BASE budget levy,
(ii) the district's mill values per
				ANB;
(iii) the county's mill values
				per ANB;
(iv) the statewide mill
				values per ANB;
(v) facility
				guaranteed mill values per ANB; and
(vi) the statewide GTB ratios;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101D - CALCULATION OF DISTRICT RATIO

Current through Register Vol. 13, July 5, 2024
(1) A
				district's GTB ratio for purposes of calculating FY 20XX+1 eligibility is:
				calendar year 20XX-1 district taxable value / district's FY 20XX GTBA budget
				area. Data used in this calculation shall be taken from the district's adopted
				budget, except that OPI may instead use final data in cases where significant
				changes in ANB and taxable valuation made after the adoption of a district's
				budget would significantly affect the district's eligibility to receive state
				funding.
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101E - WHICH DISTRICTS QUALIFY FOR GTBA ON GENERAL FUND MILLS

Current through Register Vol. 13, July 5, 2024
(1) If a district's GTB ratio is less than
				the statewide ratio, the district qualifies for GTBA on the mills levied to
				fund the GTBA budget area of its general fund budget.
(2) In order to receive GTBA for general fund
				BASE budget funding purposes, a district must:
(a) have a GTB ratio less than the
				corresponding statewide elementary or high school GTB ratio; and
(b) have set its BASE mill levy in accordance
				with the requirements of
				20-9-141,
				MCA.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101F - CALCULATION OF GENERAL FUND GTBA TO QUALIFYING DISTRICTS

Current through Register Vol. 13, July 5, 2024
(1) After receiving the certified BASE budget
				levies, the State Superintendent of Public Instruction will determine the
				amount of general fund GTBA a qualifying district will receive in FY 20XX+1
				using the following calculations:
(a) 20XX+1
				state elementary or high school GTB ratio * district's 20XX GTBA budget area =
				"A"
(b) "A" - district taxable
				value = "B"
(c) "B"/1000 = dollar
				amount of 20XX+1 GTBA per mill levied. The result will be rounded to the
				nearest whole dollar to determine the amount of the subsidy payment.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101G - SCHOOL DISTRICT BOUNDARY CHANGES

Current through Register Vol. 13, July 5, 2024
(1)
				If the boundaries of a school district will change in the ensuing year, the
				Superintendent of Public Instruction must be notified by April 25 of the year
				prior to the change. Upon notification of the change the Superintendent of
				Public Instruction will recalculate the district mill value per ANB and subsidy
				per mill for the ensuing year using the sum of the current year taxable
				valuations, the sum of the budgeted ANB, and the sum of the GTBA budget areas
				of the territories within the district(s).
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.101H - CALCULATION OF DEBT LIMITS

Current through Register Vol. 13, July 5, 2024
(1) For an
				elementary or high school district that is ineligible to receive guaranteed tax
				base aid under the provisions of
				20-9-367,
				MCA, the maximum amount for which the district may become indebted by the
				issuance of bonds is 50% of the taxable valuation of the property within the
				district.
(2) For an elementary or
				high school district that is eligible to receive guaranteed tax base aid under
				the provisions of
				20-9-367,
				MCA, the maximum amount for which the district may become indebted by the
				issuance of bonds is calculated as follows:
(a) For an elementary district,
Statewide mill value per elementary ANB x Elementary ANB x
				  1000 x 100%;
(b) For a high
				school district,
Statewide mill value per high school ANB x High School ANB x
				  1000 x 100%.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.102 - DATA USED IN GTB CALCULATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.102A - GTBA ON GENERAL FUND AND RETIREMENT MILLS AND SCHOOL FACILITY ADVANCE AND REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				direct state aid and special education payments, the state pays:
(a) GTBA on general fund mills of qualifying
				districts;
(b) GTBA on retirement
				fund mills of qualifying counties; and,
(c) school facility advance and reimbursement
				to qualifying districts.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.102B - CALCULATION OF COUNTY MILL VALUES PER ANB

Current through Register Vol. 13, July 5, 2024
(1)
				A county ratio for GTBA on retirement mills compares the county mill value per
				ANB to statewide mill value per elementary or high school ANB. This is a
				measure of how much tax revenue per student can be raised by a county's mill in
				comparison to how much revenue per student statewide could be raised on a
				statewide taxable value.
(2) The
				county elementary or high school GTB mill value per ANB for purposes of
				calculating FY 20XX+1 retirement fund GTBA is: (calendar year 20XX-1 county
				taxable value/1,000) / 20XX county elementary or high school budgeted
				ANB.
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.102C - WHICH COUNTIES QUALIFY FOR GTBA ON RETIREMENT MILLS

Current through Register Vol. 13, July 5, 2024
(1) A county with a mill value per ANB, as
				calculated in ARM
				10.21.102B(2),
				less than the statewide mill value per ANB, as calculated in ARM
				10.21.101B(2),
				will receive GTBA on the countywide mills levied to support the county
				retirement funds.
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.102D - JOINT DISTRICTS AND CO-OPS

Current through Register Vol. 13, July 5, 2024
(1) Net
				retirement levy requirements for joint districts and districts that are members
				of full service education cooperative agreements are calculated in accordance
				with
				20-9-501,
				MCA. GTBA available to the retirement funds of the counties in which these
				districts are located is calculated based on the county mill value per
				elementary or high school ANB for each county involved and the retirement mills
				levied in that county.
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.102E - CALCULATION OF GTBA TO QUALIFYING COUNTIES

Current through Register Vol. 13, July 5, 2024
(1)
				After receiving the certified county retirement levies, the State
				Superintendent of Public Instruction will determine the amount of retirement
				fund GTBA a qualifying county will receive in FY 20XX+1 using the following
				calculations:
(a) statewide mill value per
				ANB - county mill value per ANB = "A"
(b) "A" times county elementary or high
				school 20XX+1 budgeted ANB = "B"
(c) "B" times certified elementary or high
				school FY 20XX+1 county retirement fund mills levied = dollar amount of 20XX+1
				GTBA a county will receive in support of the elementary or high school county
				retirement fund.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.103 - CALCULATION OF MILL VALUES PER ANB AND GTB AID PAYMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.104 - DISTRIBUTION OF GTBA

Current through Register Vol. 13, July 5, 2024
(1) To calculate a
				county's GTBA on retirement fund mills and a district's GTBA for general fund
				mills, OPI will use the mill levies certified by county clerk and recorders
				unless the certified mills exceed the mills allowed by Title 20, chapter 9,
				MCA. If the certified mills are greater than the mills allowed by Title 20,
				MCA, OPI will only distribute GTBA on the mills allowed by Title 20,
				MCA.
(2) OPI will distribute GTBA
				to districts and counties that meet the requirements of
				20-9-367,
				MCA, and ARM
				10.21.101C in the manner provided
				by
				20-9-344,
				MCA.
(3) County officials shall
				distribute GTBA received in support of elementary and high school retirement
				levies to all school districts within the county in the same manner as other
				revenues deposited in the elementary and high school retirement fund are
				distributed as provided in ARM
				10.10.309.
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.1 - GTBA › Rule 10.21.105 - RECORDS OF GTBA CALCULATIONS AND PAYMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 20-9-369,
					 MCA; IMP,
					 20-9-366,
					 20-9-367,
					 20-9-368,
					 20-9-369,
					 20-9-370,
					 20-9-371,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.2 - Funding Components - General Fund › Rule 10.21.201 - QUALITY EDUCATOR PAYMENTS - GENERAL FUND

Current through Register Vol. 13, July 5, 2024
(1) The Superintendent of Public Instruction
				will determine and report the quality educator payment for each school district
				and special education cooperative by March 1 for the ensuing school
				year.
(2) The number of FTE used to
				determine the payment for FY 20XX+2 will be based on the full time equivalent
				(FTE) personnel assignments and associated FTE units reported by the district
				to the Superintendent of Public Instruction on the annual data collection
				report submitted in the fall of 20XX.
(a) The
				number of FTE in (2) may be increased if ANB is increased as provided for in
				20-9-313,
				MCA for the purpose of implementing a full-time kindergarten program.
(i) If the additional ANB in (2)(a) is more
				than 10, the number of FTE will be increased by 1.0 FTE for every 12.6 ANB,
				rounded to the nearest tenth.
(ii)
				If the additional ANB is 10 or less, there will be no increase in the number of
				FTE.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.2 - Funding Components - General Fund › Rule 10.21.202 - AT RISK STUDENT PAYMENTS - GENERAL FUND

Current through Register Vol. 13, July 5, 2024
(1) The
				Superintendent of Public Instruction will determine and report the at-risk
				student payment for each school district by March 1 for the ensuing school
				year.
(2) Payments will be
				distributed to school districts by the Superintendent of Public Instruction on
				the schedule for BASE aid distributions provided in
				20-9-344,
				MCA.
(3) A district's at-risk
				student payment for FY 20XX will be calculated as follows:
(a) Divide the district's allocation under
				20 U.S.C.
				6332, et seq. for FY 20XX-1 by the state
				total of funds allocated to all Montana districts that applied for funds under
				that program for FY 20XX-1;
(b)
				Multiply the ratio calculated in (3)(a) by the total state appropriation for
				at-risk student payments for FY 20XX.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.2 - Funding Components - General Fund › Rule 10.21.203 - INDIAN EDUCATION FOR ALL PAYMENTS - GENERAL FUND

Current through Register Vol. 13, July 5, 2024
(1) The Superintendent of Public Instruction
				will determine and report the Indian Education for All payment for each school
				district by March 1 for the ensuing school year.
(2) Payments will be distributed to school
				districts by the Superintendent of Public Instruction on the schedule for BASE
				aid distributions provided in
				20-9-344,
				MCA.
(3) The annual report required
				in
				20-9-329,
				MCA for FY 20XX will be based on information reported on the trustees'
				financial summary for FY 20XX and the annual data collection report submitted
				by the district to the Superintendent of Public Instruction in the fall of
				20XX-1.
20-3-106,
					 MCA; IMP,
					 20-9-329,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.21 - GTBA AND FUNDING COMPONENTS › Subchapter 10.21.2 - Funding Components - General Fund › Rule 10.21.204 - AMERICAN INDIAN ACHIEVEMENT GAP PAYMENTS - GENERAL FUND

Current through Register Vol. 13, July 5, 2024
(1) The Superintendent of Public Instruction
				will determine and report the American Indian achievement gap payment for each
				school district by March 1 for the ensuing school year.
(2) The number of students used to determine
				the payment for FY 20XX+1 will be the number of American Indian students
				enrolled in the district in grades K-12 as reported on the fall enrollment
				count submitted by the district to the Superintendent of Public Instruction in
				FY 20XX. Students reported as not enrolled but receiving special education
				services and students who were aged 19 or older on or before September 10 of
				the school year of the count date will not be counted for purposes of this
				payment.
(3) The Superintendent of
				Public Instruction will provide an opportunity for district officials to review
				the enrollment information submitted on the fall enrollment report. Changes to
				the enrollment report information used for the American Indian achievement gap
				payment will not be accepted after December 31 except in cases of significant
				reporting error, as determined by the Superintendent of Public
				Instruction.
(4) Payments will be
				distributed to school districts by the Superintendent of Public Instruction on
				the schedule for BASE aid distributions provided in
				20-9-344,
				MCA.
20-3-106,
					 MCA; IMP,
					 20-9-330,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.1 - Spending and Reserve Limits › Rule 10.22.101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 MCA; IMP,
					 20-9-104,
					 20-9-315,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.1 - Spending and Reserve Limits › Rule 10.22.102 - GENERAL FUND SPENDING LIMITS

Current through Register Vol. 13, July 5, 2024
(1) The trustees
				must adopt a budget at least equal to the BASE budget.
(2) For purposes of determining general fund
				spending limits, the trustees may add to the current year budget:
(a) the sum of any increases in state funding
				for any/all of the following:
(i) the direct
				state aid associated with the basic entitlement;
(ii) the direct state aid associated with the
				per-ANB entitlement;
(iii) the
				quality educator payment;
(iv) the
				at-risk student payment;
(v) the
				Indian education for all payment deposited into the general fund;
(vi) the American Indian achievement gap
				payment; or
(vii) the
				data-for-achievement payment.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.1 - Spending and Reserve Limits › Rule 10.22.103 - RESERVE LIMITS

Current through Register Vol. 13, July 5, 2024
(1) The amount of
				general fund end-of-year balance designated as operating reserve may not exceed
				10% of the adopted general fund budget for the ensuing school fiscal year or
				$10,000, whichever is greater.
(2)
				The amount earmarked as reserves can exceed the limitations of (1) by a
				combination of one or more of the unused balances described in
				20-9-104(5),
				MCA.
(3) Amounts that have been
				identified in (2) cannot be identified as reserves in excess of the operating
				reserve unless the limitation of operating reserves in
				20-9-104,
				MCA, which is the greater of either 10% of ensuing year's budget or $10,000,
				has been met.
(4) Reserves are
				reidentified each year when budgeting for the ensuing year. After the fund
				balance for the general fund budget is determined and the operating reserve is
				fully met, the trustees may determine any revenues that have been received by
				the district in the current year according to
				20-9-104(5),
				MCA. This amount must only include revenues received that were protested and/or
				delinquent from a prior tax year. The amount must not include revenues received
				which were protested and delinquent taxes from the current tax year. Current
				year interest earned on money held as excess reserve amounts may not be
				included as additional excess reserves. Interest on excess reserves is general
				fund nonlevy revenue. However, current year receipts of penalties and interest
				on protested and delinquent taxes from the current or prior years may be
				included in the reserve. The amount identified may be added to the current
				year's identified excess reserves, minus amounts used in the current year for
				budget amendments for deferred projects, minus amounts used to fund the ensuing
				year's budget. Total operating and excess reserves must not exceed the fund
				balance available for those reserves.
(5) OPI shall monitor the general fund budget
				of each school district to ensure compliance with the reserve limits
				established in
				20-9-104,
				MCA. The Superintendent of Public Instruction may request a revised budget from
				any district whose reserves do not comply with the limit using the guidelines
				established in ARM
				10.10.503.
20-9-102,
					 MCA; IMP,
					 20-9-104,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.1 - Spending and Reserve Limits › Rule 10.22.104 - UNRESERVED FUND BALANCE REAPPROPRIATED

Current through Register Vol. 13, July 5, 2024
(1) Any unreserved
				general fund end-of-the-year balance must be reappropriated, up to an amount
				not exceeding 15% of a school district's maximum general fund budget, to be
				used for property tax reduction, in accordance with
				20-9-308
				and
				20-9-141,
				MCA.
(2) The amount reappropriated
				must be used to reduce the amount of additional financing required to fund a
				district's general fund budget in excess of the direct state aid and the
				special education payment for the district.
(3) The amount reappropriated must be applied
				in the following order:
(a) first, to reduce
				the revenue needed to be raised to fund the BASE budget as defined in
				20-9-306,
				MCA; and
(b) second, to reduce the
				amount needed to be raised to fund any over-BASE budget amount.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.1 - Spending and Reserve Limits › Rule 10.22.105 - OVEREXPENDED BUDGETS

Current through Register Vol. 13, July 5, 2024
(1) Section
				20-9-133,
				MCA, limits the trustees, all officers and employees of a district from making
				expenditures or incurring liabilities that will cause budgeted funds, as
				identified in
				20-9-201,
				MCA, to be overexpended. The exception is for the debt service fund for the
				reasons listed in
				20-9-133,
				MCA.
(2) Expenditures made,
				liabilities incurred or warrants issued in excess of any final budget shall not
				be the liability of the district and no district money shall be used to pay the
				same as per
				20-9-133,
				MCA.
(3) Section
				20-3-332,
				MCA, states that if the trustees of a district fail or refuse to be responsible
				for the proper administration and utilization of all district money, it shall
				constitute grounds for removal from office.
(4) When the Superintendent of Public
				Instruction becomes aware that a district has overexpended a fund's budget, the
				Superintendent may notify the district's board of trustees and request an
				explanation for the overexpenditure.
(a) The
				trustees shall respond in writing within 30 calendar days of receiving the
				Superintendent's notification and shall include in their response a description
				of the changes and/or controls that have, or will be, put in place at the
				district to prevent a reoccurrence of the situation that created the budget
				overdraft.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.1 - Spending and Reserve Limits › Rule 10.22.106 - PETITION TO INCREASE A DISTRICT'S GENERAL FUND BASE FOR THE PURPOSE OF CALCULATING THE GENERAL FUND BUDGET LIMITATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 MCA; IMP,
					 20-9-147,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.1 - Spending and Reserve Limits › Rule 10.22.107 - PETITION TO APPROPRIATE REVENUE TO FUND A PRIOR YEAR BUDGET AMENDMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 MCA; IMP,
					 20-9-147,
					 20-9-161,
					 20-9-168,
					 20-9-308,
					 20-9-315,
					 20-9-353,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.2 - Budget Amendments › Rule 10.22.201 - AUTHORIZATION FOR BUDGET AMENDMENT ADOPTION

Current through Register Vol. 13, July 5, 2024
(1)
				Section
				20-9-161,
				MCA, authorizes the trustees of a school district to amend an adopted budget of
				the district for the reasons provided in
				20-9-161(1)
				through (6), MCA.
(2) Whenever the trustees of a district
				decide that a budget amendment is necessary, they shall proceed as follows:
(a) proclaim the need for a budget amendment
				in accordance with
				20-9-162,
				MCA;
(b) petition the state
				Superintendent for permission to adopt a resolution for a budget amendment if
				the amendment is for an enrollment increase;
(c) provide public notice of the budget
				amendment resolution in accordance with
				20-9-164,
				MCA;
(d) adopt the budget amendment
				resolution by a majority vote at a public meeting; and
(e) provide copies of the adopted budget
				amendment resolution to the county superintendent and state Superintendent of
				Public Instruction in accordance with
				20-9-165,
				MCA.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.2 - Budget Amendments › Rule 10.22.202 - PETITION TO SUPERINTENDENT OF PUBLIC INSTRUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 MCA; IMP,
					 20-9-163,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.2 - Budget Amendments › Rule 10.22.203 - RESOLUTION FOR A BUDGET AMENDMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 20-9-163,
					 MCA; IMP,
					 20-9-163,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.2 - Budget Amendments › Rule 10.22.205 - BUDGET AMENDMENT PREPARATION AND ADOPTION

Current through Register Vol. 13, July 5, 2024
(1) The adopted budget amendment must be
				signed by the presiding officer of the trustees and the clerk of the district.
				Copies must be sent to the county superintendent and the Superintendent of
				Public Instruction within 30 days after the adoption of the budget
				amendment.
(2) Upon receipt of the
				budget amendment resolution, the Office of Public Instruction will assign a
				project reporter number to the budget amendment to be used for accounting
				purposes. The expenditures related to the budget amendment must be accounted
				for separately using a project reporter number assigned by the Office of Public
				Instruction.
(3) Whenever a budget
				amendment has been adopted for:
(a) the
				general fund to finance the cost of increased enrollment, the trustees may
				apply to the Superintendent of Public Instruction for an increase in direct
				state aid as provided in
				20-9-166,
				MCA, and ARM
				10.20.103(2);
				or
(b) the transportation fund, the
				trustees may apply to the Superintendent of Public Instruction for additional
				state transportation aid as provided in
				20-9-166,
				MCA, and ARM
				10.7.107.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.22 - SPENDING AND RESERVE LIMITS › Subchapter 10.22.2 - Budget Amendments › Rule 10.22.206 - STATE FINANCIAL AID FOR BUDGET AMENDMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 MCA; IMP,
					 20-9-165,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102;
					 IMP,
					 20-9-145,
					 20-9-353,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.101A - BUDGET UNIT

Current through Register Vol. 13, July 5, 2024
(TRANSFERRED)
20-9-102,
					 MCA; IMP,
					 20-9-311,
					 20-9-313,
					 20-9-314,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.102 - FUNDING THE BASE BUDGET LEVY

Current through Register Vol. 13, July 5, 2024
(1) The BASE budget
				is funded by:
(a) guaranteed tax base aid for
				eligible districts, as provided in
				20-9-368,
				MCA;
(b) property tax revenue
				generated by the BASE budget levy and the levy in support of a school not
				approved as an isolated school under the provisions of
				20-9-302, MCA;
(c) direct state aid;
(d) special education allowable cost
				payments;
(e) qualified educator
				payments;
(f) Indian education for
				all payments deposited into the general fund;
(g) at-risk student payments;
(h) American Indian student achievement gap
				payments;
(i) data-for-achievement
				payment;
(j) nonlevy revenue; and
(k) reappropriated fund
				balance.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.102A - FUNDING FOR OVER-BASE BUDGET

Current through Register Vol. 13, July 5, 2024
(1) The
				over-BASE budget is funded by:
(a) any amount
				of reappropriated fund balance and nonlevy revenue remaining after the BASE
				budget is funded;
(b) estimated
				tuition receipts not used to fund the BASE budget;
(c) excess general fund reserves established
				in accordance with ARM
				10.22.103 and reported on the
				final budget for the current year; and
(d) a district property tax levy.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.103 - VOTED AMOUNT

Current through Register Vol. 13, July 5, 2024
(1) If adopting a
				general fund budget that is less than or equal to the ensuing year's maximum
				general fund budget and is within limits of
				20-9-308,
				MCA, the trustees of a district must obtain voter approval for any dollar
				increase in the over-BASE levy budgeted for the current year.
20-9-102,
					 MCA; IMP,
					 20-9-353,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.104 - RETIREMENT LEVIES

Current through Register Vol. 13, July 5, 2024
(1) Net county
				retirement levy requirement for elementary and high school retirement funds is
				defined in ARM
				10.15.101.
(2) To determine the retirement mills needed,
				the net county retirement levy requirement for each fund is divided by:
(a) the sum of the county's taxable valuation
				as defined in ARM
				10.15.101 divided by 1000
				plus
(b) the state subsidy per mill
				for elementary and high school retirement funds provided to each county by the
				Office of Public Instruction. The state subsidy per mill shall be calculated as
				follows:
(i) the difference between the
				statewide mill value per ANB as defined in ARM
				10.15.101 and the county mill
				value per ANB as defined in ARM
				10.15.101 multiplied by the sum of
				all the county's elementary or high school budgeted ANB that is being used to
				calculate the districts' direct state aid for the school year for which the GTB
				funding is being sought.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.105 - EXEMPTION FROM I-105 (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 MCA; IMP,
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.23 - PERMISSIVE AND VOTED AMOUNTS AND LEVIES › Subchapter 10.23.1 - Permissive and Voted Amounts, and Levies › Rule 10.23.106 - STATE EQUALIZATION LEVY (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-102,
					 MCA; IMP,
					 20-9-360,
					 MCA;