2005 Arizona Revised Statutes - Revised Statutes §15-973  Apportionment of funds; expenditure limitation

A. The state board of education shall apportion state aid from appropriations made for such purpose to the several counties on the basis of state aid entitlement for the school districts in each county. No allowance shall be made for nonresident alien children nor for wards of the United States for whom tuition is paid, but attendance of a student in a school of a county adjoining the county of his residence outside the state under a certificate of educational convenience as provided by section 15-825 shall be deemed to be enrollment in the school of the county or school district of his residence.

B. Apportionments shall be made as follows:

1. On July 15, one-twelfth of the total amount to be apportioned during the fiscal year.

2. On September 15, one-twelfth of the total amount to be apportioned during the fiscal year.

3. On October 15, one-twelfth of the total amount to be apportioned during the fiscal year.

4. On December 15, one-twelfth of the total amount to be apportioned during the fiscal year.

5. On January 15, one-twelfth of the total amount to be apportioned during the fiscal year.

6. On February 15, one-twelfth of the total amount to be apportioned during the fiscal year.

7. On March 15, one-twelfth of the total amount to be apportioned during the fiscal year.

8. On April 15, one-sixth of the total amount to be apportioned during the fiscal year.

9. On May 15, one-sixth of the total amount to be apportioned during the fiscal year.

10. On June 15, one-twelfth of the total amount to be apportioned during the fiscal year, except that if the total amount of monies available to make the payment is less than the amount of the payment, a portion of the June 15 payment may be delayed no later than June 30 to allow for the receipt of income from the permanent state common school fund.

The superintendent of public instruction shall furnish to the county treasurer and the county school superintendent an abstract of the apportionment and shall certify the apportionment to the department of administration, which shall draw its warrant in favor of the county treasurer of each county for the amount apportioned. Upon receipt of the warrant the county treasurer shall notify the county school superintendent of the amount, together with any other monies standing to the credit of such school district in the county school fund.

C. Notwithstanding the provisions of subsection B of this section, if sufficient appropriated funds are available and on a showing by a school district that additional state monies are necessary for current expenses, an apportionment or part of an apportionment of state aid may be paid to the school district prior to the date set for such apportionment by subsection B of this section. After the first forty days in session of the current year a school district may request additional state monies to fund the increased state aid due to anticipated student growth through the first one hundred days or two hundred days in session, as applicable, of the current year as provided in section 15-948. In no event shall a school district have received more than three-fourths of its total apportionment before April 15 of the fiscal year. Early payments pursuant to this subsection must be approved by the state treasurer, the director of the department of administration and the superintendent of public instruction. If the computation of state aid for an accommodation school is based on P.L. 81-874 monies to be received in the current year pursuant to section 15-974, subsection A, paragraph 2, the maximum early payment to an accommodation school shall be determined using an estimate of the P.L. 81-874 monies to be received during the fiscal year.

D. Until June 30, 1999, at such time and as provided by federal law or regulation, state aid shall be reduced as follows:

1. The superintendent of public instruction shall compute the amount of monies which each school district is eligible to receive under P.L. 81-874, less P.L. 81-874 monies for children with disabilities, children with specific learning disabilities and children residing on Indian lands which are in addition to the basic assistance as provided in 20 United States Code section 238(d)2(C) and (D), and for which monies have been appropriated.

2. The superintendent of public instruction shall deduct from state aid for each school district which is eligible to receive monies under P.L. 81-874 and for which monies are appropriated as provided in paragraph 1 of this subsection the lesser of:

(a) The maximum allowed by law or regulation.

(b) The amount computed as follows:

(i) For fiscal year 1982-1983, twenty-five per cent of the amount computed in paragraph 1 of this subsection.

(ii) For fiscal year 1983-1984, fifty per cent of the amount computed in paragraph 1 of this subsection.

(iii) For fiscal year 1984-1985, seventy-five per cent of the amount computed in paragraph 1 of this subsection.

(iv) Beginning with fiscal year 1985-1986, ninety-five per cent of the amount computed in paragraph 1 of this subsection.

3. The reduction in state aid shall be made from equalization assistance as prescribed in section 15-971 or from additional state aid as prescribed in section 15-972 during the fiscal year following the fiscal year in which the monies are received. The superintendent of public instruction shall make additional adjustments in state aid for allowable deductions which were not made in any previous fiscal year which is not more than five years earlier than the year in which the adjustments are made. The superintendent of public instruction shall give the school district prior notice of the intention to make the additional adjustments and may distribute the adjustments over more than one year after considering the effects of the adjustments on the school district.

E. The superintendent of public instruction shall not make application to the federal government to utilize P.L. 81-874 monies in determining the apportionment prescribed in this section.

F. If a school district which is eligible to receive monies pursuant to this article is unable to meet a scheduled payment on any lawfully incurred long-term obligation for debt service as provided in section 15-1022, the county treasurer shall use any amount distributed pursuant to this section to make the payment. The county treasurer shall keep a record of all the instances in which a payment is made pursuant to this subsection. Any monies subsequently collected by the district to make the scheduled payment shall be used to replace the amount diverted pursuant to this subsection. When determining the total amount to be funded by a levy of secondary taxes upon property within the school district for the following fiscal year, the county board of supervisors shall add to the amounts budgeted to be expended during the following fiscal year an amount equal to the total of all payments pursuant to this subsection during the current fiscal year which were not repaid during the current year.

G. The total amount of state monies that may be spent in any fiscal year by the state board of education for apportionment of state aid for education shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.