2012 Nebraska Revised Statutes
Chapter 79 - SCHOOLS
79-1022 - Distribution of income tax receipts and state aid; effect on budget.
(1) On or before March 10, 2010, and March 1, 2011, for school fiscal year 2010-11, on or before July 1, 2011, for school fiscal year 2011-12, on or before May 1, 2012, for school fiscal year 2012-13, and on or before March 1 of each year thereafter for each ensuing fiscal year, the department shall determine the amounts to be distributed to each local system and each district pursuant to the Tax Equity and Educational Opportunities Support Act and shall certify the amounts to the Director of Administrative Services, the Auditor of Public Accounts, each learning community, and each district. The amount to be distributed to each district that is not a member of a learning community from the amount certified for a local system shall be proportional based on the formula students attributed to each district in the local system. The amount to be distributed to each district that is a member of a learning community from the amount certified for the local system shall be proportional based on the formula needs calculated for each district in the local system. On or before March 1, 2011, for school fiscal year 2010-11, on or before July 1, 2011, for school fiscal year 2011-12, on or before May 1, 2012, for school fiscal year 2012-13, and on or before March 1 of each year thereafter for each ensuing fiscal year, the department shall report the necessary funding level to the Governor, the Appropriations Committee of the Legislature, and the Education Committee of the Legislature. The report submitted to the committees of the Legislature shall be submitted electronically. Except as otherwise provided in this subsection, certified state aid amounts, including adjustments pursuant to section 79-1065.02, shall be shown as budgeted non-property-tax receipts and deducted prior to calculating the property tax request in the district's general fund budget statement as provided to the Auditor of Public Accounts pursuant to section 79-1024. Increases in state aid for school fiscal year 2010-11 from the first certification in 2010 to the second certification on or before March 1, 2011, shall not require a school district to revise its previously adopted budget statement pursuant to section 13-511 for school fiscal year 2010-11 unless expenditures are increased in such school fiscal year as a result of such increases in state aid. The amount of such increased state aid that has not been included in an amended budget for school fiscal year 2010-11 shall be included in the unencumbered cash balance pursuant to section 13-504 for the school fiscal year 2011-12 budget for each school district.
(2) Except as provided in this subsection, subsection (8) of section 79-1016, and sections 79-1033 and 79-1065.02, the amounts certified pursuant to subsection (1) of this section shall be distributed in ten as nearly as possible equal payments on the last business day of each month beginning in September of each ensuing school fiscal year and ending in June of the following year, 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. For school fiscal year 2010-11, payments shall be based on the amounts certified pursuant to subsection (1) of this section on March 10, 2010, except that on the last business day of April, the department shall make federal Education Jobs Fund allocations available pursuant to section 79-1028.04 equal to any increases in state aid for school fiscal year 2010-11 from the first certification in 2010 to the second certification on or before March 1, 2011, rounded to the nearest whole dollar.
- Laws 1990, LB 1059, § 13;
Laws 1991, LB 511, § 79;
Laws 1992, LB 245, § 84;
Laws 1994, LB 1290, § 8;
Laws 1994, LB 1310, § 16;
Laws 1995, LB 840, § 9;
R.S.Supp.,1995, § 79-3813;
Laws 1996, LB 900, § 668;
Laws 1996, LB 1050, § 30;
Laws 1997, LB 710, § 13;
Laws 1997, LB 713, § 5;
Laws 1997, LB 806, § 51;
Laws 1998, Spec. Sess., LB 1, § 28;
Laws 1999, LB 149, § 10;
Laws 1999, LB 194, § 35;
Laws 1999, LB 813, § 23;
Laws 2002, LB 898, § 12;
Laws 2002, Second Spec. Sess., LB 4, § 1;
Laws 2003, LB 67, § 12;
Laws 2003, LB 540, § 5;
Laws 2004, LB 973, § 67;
Laws 2005, LB 126, § 47;
Laws 2005, LB 198, § 3;
Laws 2006, LB 1024, § 86;
Referendum 2006, No. 422;
Laws 2007, LB21, § 3;
Laws 2007, LB641, § 28;
Laws 2008, LB988, § 41;
Laws 2009, LB61, § 1;
Laws 2009, LB545, § 15;
Laws 2009, LB548, § 1;
Laws 2010, LB711, § 2;
Laws 2010, LB1071, § 19;
Laws 2011, LB18, § 6;
Laws 2012, LB633, § 1;
Laws 2012, LB782, § 159.