Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 8 - SCHOOL FINANCE & BUDGETING/STATE FUNDING OF EDUCATIONAL SERVICE UNITS AND LEARNING COMMUNITIES › Section 92-8-004 - State Aid

Current through June 17, 2024
for the ensuing school fiscal year shall be calculated
				  pursuant to sections
				  79-1001
				  to
				  79-1033
				  R.R.S. which is known and may be cited as the Tax Equity and Educational
				  Opportunities Support Act.
004.01
Application for Early Payment of Postponed State Aid
79-1016(8) R.R.S. states: "A school district whose State Aid
				  is to be calculated [for correction of adjusted valuation due to clerical
				  error, or for agricultural land, assessed value changes by reason of land
				  qualified or disqualified for special use valuation pursuant to sections
				  77-1343
				  to
				  77-1348
				  R.R.S.] and whose State Aid is postponed as a result of failure to calculate
				  State Aid in such manner, may apply to the State Board for lump sum payment of
				  such postponed State Aid. Such application may be for any amount up to one
				  hundred percent of the postponed state aid. The State Board may grant the
				  entire amount applied for or any portion of such amount. The State Board shall
				  notify the Director of Administrative Services of the amount of funds to be
				  paid in a lump sum and the reduced amount of the monthly payments. The Director
				  of Administrative Services shall, at the time of the next State Aid payment
				  pursuant to section
				  79-1022
				  R.R.S., draw a warrant for the lump sum amount from appropriated funds and
				  forward such warrant to the district."
004.02
Application for Early
				Payment of State Aid Due to Financial Hardship
79-1033(2)R.R.S. states, in part: "A district which receives,
				  or has received in the most recently available complete data year or in either
				  of the two fiscal years preceding the most recently available complete data
				  year, federal funds in excess of twenty-five percent of its general fund budget
				  of expenditures may apply for early payment of State Aid paid pursuant to the
				  Act when such federal funds are not received in a timely manner. Such
				  application may be made at any time by a district suffering such financial
				  hardship and may be for any amount up to fifty percent of the remaining amount
				  to which the district is entitled during the current fiscal year. The State
				  Board may grant the entire amount applied for or any portion of such amount if
				  the State Board finds that a financial hardship exists in the district. The
				  State Board shall notify the Director of Administrative Services of the amount
				  of funds to be paid in lump sum and the reduced amount of the monthly payments.
				  The Director of Administrative Services shall, at the time of the next State
				  Aid payment made pursuant to section
				  79-1022
				  R.R.S., draw a warrant for the lump sum amount from appropriated funds and
				  forward such warrant to the district. Financial hardship means a situation in
				  which income to a district is exceeded by liabilities to such a degree that if
				  early payment is not received it will be necessary for the district to
				  discontinue vital services or functions."
004.03
Prior Year State Aid
				Correction
79-1065 R.R.S. states: "The State Department of Education
				  shall adjust payments provided under Chapter 79 to school districts which,
				  after final determination, received funds not equal to the appropriate
				  allocation for the previous school fiscal year such that the district will
				  receive the funds to which it was finally determined to be entitled. If the
				  total adjustment cannot be made from the funds to be provided in the current
				  school fiscal year, the adjustment shall be prorated, with additional
				  adjustments made to payments for future school fiscal years. The Department
				  shall maintain an accurate account and a record of the reasons the adjustments
				  were made and the amount of such adjustments." The Commissioner, or his or her
				  designee(s), shall adjust such payments in accordance with this law.
004.04
Application for
				Lump-Sum Payment of Prior Year State Aid Correction
Section
				  79-1065.01
				  R.R.S. states in part: "If the adjustment under section
				  79-1065
				  results in a school district being entitled to the payment of additional funds,
				  the district may apply to the State Department of Education for a lump-sum
				  payment for any amount up to one hundred percent of the adjustment. The
				  Department shall notify the Director of Administrative Services of the amount
				  of funds to be paid in a lump-sum and the reduced amount of the monthly
				  payments pursuant to section
				  79-1022.
				  The Department shall make such payment in a lump-sum not later than the last
				  business day of September of the year in which the final determination under
				  this section is made, except that when a school district is to receive a
				  monthly payment of less than one thousand dollars, such payment shall be one
				  lump-sum payment on the last business day of December during the ensuing school
				  fiscal year."
004.04A On or before
				July 15, the Commissioner, or his or her designee(s), will provide written
				notification to each school district with a positive prior year correction
				pursuant to section
				79-1065
				R.R.S. that they are entitled to receive a lump-sum payment for any amount up
				to one hundred percent of the positive prior year correction.
004.04B The lump-sum amount to be distributed
				to an eligible school district which is part of a local system shall be
				proportional based on the weighted formula students attributed to each district
				in the local system.
004.04C A
				school district with a positive prior year State Aid correction pursuant to
				section
				79-1065
				R.R.S. shall inform the Commissioner in writing of its request to receive a
				lump-sum payment for any amount up to one hundred percent of the positive prior
				year State Aid correction. Such written request must be received by the
				Department on or before August 15.
004.04D The Commissioner, or his or her
				designee(s), will review the submitted request, and provide written
				notification on or before September 15 to the school district of the lump-sum
				payment of the positive prior year State Aid correction and the reduced amount
				of the monthly payments pursuant to section
				79-1022
				R.R.S..
004.04E A school district
				is not eligible to receive a lump-sum payment of the positive prior year State
				Aid correction if a school district is to receive a monthly State Aid payment
				of less than one thousand dollars pursuant to section
				79-1022(2)
				 R.R.S..