79-1007.21 Two-year new school adjustment; school district; application; department; powers.
79-1007.21. Two-yearnew school adjustment; school district; application; department; powers.(1) For school fiscal year 2009-10 and each school fiscalyear thereafter, school districts may apply to the department for a two-yearnew school adjustment, on a form prescribed by the department, on or beforeOctober 15 of the school fiscal yearimmediately preceding the school fiscal year for which the first-year newschool adjustment would be included in the calculation of state aid. Suchform shall require evidence of recent and expected student growth, evidencethat a new building or the expansion or remodeling of an existing buildingis being completed to provide additional student capacity to accommodate suchgrowth and not to replace an existing building, evidence that the school fiscalyear for which the district would receive the first-year adjustment will bethe first full school fiscal year for which students will utilize such additionalcapacity, and evidence of the estimated additional student capacity to beprovided by the project. On or before the immediately following December 1,the department shall approve the estimated additional capacity for use inthe adjustment, approve a modified estimated additional capacity for use inthe adjustment, or deny the application based on the requirements of thissection, the evidence submitted on the application, and any other informationprovided by the department. Each approval shall include an approved estimatedadditional student capacity for the new building. The state board shall establishprocedures for appeal of decisions of the department to the state board forfinal determination.(2) The first-year new school adjustment for each approveddistrict shall equal the school district's basic funding per formula studentmultiplied by twenty percent of the approved estimated additional studentcapacity. The second-year new school adjustment for each approved districtshall equal the school district's basic funding per formula student multipliedby ten percent of the approved estimated additional student capacity. SourceLaws 2008, LB988, § 23; Laws 2009, LB549, § 31.