15-902
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15-902. Determination of student count (Rpld. 7/1/11) A. For a common or a unified school district in which the average daily membership through the first one hundred days or two hundred days in session, as applicable, of the current year has exceeded the average daily attendance through the first one hundred days or two hundred days in session, as applicable, of the current year by more than six per cent, the student count shall be determined by an adjusted average daily membership computed by multiplying the actual average daily attendance by one hundred six per cent. B. For a high school district in which the average daily membership through the first one hundred days in session of the current year exceeds the average daily attendance through the first one hundred days in session of the current year by more than eight and one-half per cent, the student count shall be determined by an adjusted average daily membership computed by multiplying the actual average daily attendance by one hundred eight and one-half per cent. If the high school district which utilized adjusted average daily membership pursuant to this subsection does not qualify for equalization assistance as provided by section 15-971, the computation of additional state aid for education as provided in section 15-972 for that district shall not include in the primary property tax rate the amount of primary property taxes necessary to fund an amount computed as follows: 1. Determine the revenue control limit, capital outlay revenue limit and soft capital allocation using the adjusted average daily membership. 2. Add the amounts determined in paragraph 1 of this subsection. 3. Determine the revenue control limit, capital outlay revenue limit and soft capital allocation using a student count computed by multiplying the actual average daily attendance by one hundred six per cent. 4. Add the amounts determined in paragraph 3 of this subsection. 5. Subtract the sum determined under paragraph 4 of this subsection from the sum determined under paragraph 2 of this subsection. C. A school district required to utilize adjusted average daily membership as provided in this section may apply to the department of education for a further adjustment if student absences result from any of the following reasons: 1. Widespread illness for any period of three consecutive days or more. 2. Adverse weather conditions for any period of three consecutive days or more. 3. Concerted refusal by students to attend classes for any period of three consecutive days of more. 4. Threats of violence against school property, school personnel or students for any period of one day or more. 5. School closure due to situations affecting the safety of persons or property resulting from fire, flooding or floodwater, an earthquake, a hazardous material event or other causes if approved by the department of education. D. All student absence figures shall be submitted by the school district on a school by school basis to the department of education pursuant to subsection C of this section and shall be certified by the governing board of the school district. The department of education shall review the materials and documents submitted and may, if it determines that the absences resulted from the reasons prescribed by this section, further adjust the average daily membership figures of the school district. E. A school district required to use adjusted average daily membership as provided in this section may apply to the department of education for a further adjustment due to absences of pupils with chronic health problems as defined in section 15-346 if the school district is providing services to the pupils during their absence from school. F. A pupil is enrolled if the pupil is currently registered in the school district. In addition, the uniform system of financial records shall contain procedures to ensure that enrollment is determined by all school districts on a uniform basis. G. Any determination of average daily attendance and average daily membership shall be based on the records of the superintendent of public instruction. H. For school districts which maintain an approved year-round school year operation program, an educational program offered on the basis of a four day school week or an alternative kindergarten program offered on the basis of a three day school week, student count shall be based on a computation as prescribed by the superintendent of public instruction on the one hundred seventy-five days' equivalency or two hundred days' equivalency, as applicable, of instructional time as approved by the superintendent of public instruction during which each pupil is enrolled. I. School districts shall be required to record electronically membership and attendance on a school by school basis for each day school is in session. Records shall be certified and forwarded to the department of education electronically within twelve days after the first forty days in session and within twelve days after the first one hundred days in session. J. Absences shall be made part of the attendance record and shall be forwarded electronically by the school district on a school by school basis with other records to the department of education. K. If a new school district is formed by the subdivision of an existing school district as provided in section 15-458, the new school district shall determine its student count, the approved daily route mileage and the number of eligible students transported on the basis of where pupils reside within the boundaries of the new school district when computing assistance as provided in this chapter. The school district shall determine its student count, the approved daily route mileage and the number of eligible students transported on the basis of where pupils reside within the diminished boundaries of the school district when computing a school district budget limit and assistance as provided in this chapter. The combined student count in the new districts may not exceed the student count of the school district which would have existed if the subdivision had not occurred. |