53A-17a-144 - Contribution of state to cost of minimum school program -- Determination of amounts -- Levy on taxable property -- Disbursal -- Deficiency.
53A-17a-144. Contribution of state to cost of minimum school program --Determination of amounts -- Levy on taxable property -- Disbursal -- Deficiency.
The state's contribution to the total cost of the minimum school program is determinedand distributed as follows:
(1) The State Tax Commission shall levy an amount determined by the Legislature on alltaxable property of the state.
(a) This amount, together with other funds provided by law, is the state's contribution tothe minimum school program.
(b) The statewide levy is set at zero until changed by the Legislature.
(2) During the first week in November, the State Tax Commission shall certify to theState Board of Education the amounts designated as state aid for each district under Section59-2-902.
(3) (a) The actual amounts computed under Section 59-2-902 are the state's contributionto the minimum school program of each district.
(b) The state board shall provide each district with a statement of the amount of state aid.
(4) Prior to the first day of each month, the state treasurer and the Division of Finance,with the approval of the State Board of Education, shall disburse 1/12 of the state's contributionto the cost of the minimum school program to each school district.
(a) A disbursement may not be made to a district whose payments have been interruptedunder Subsection (4)(d).
(b) Discrepancies between the monthly disbursements and the actual cost of the programshall be adjusted in the final settlement under Subsection (5).
(c) If the monthly distributions overdraw the money in the Uniform School Fund, theDivision of Finance is authorized to run this fund in a deficit position.
(d) The state board may interrupt disbursements to a district if, in the judgment of theboard, the district is failing to comply with the minimum school program, is operating programsthat are not approved by the state board, or has not submitted reports required by law or the stateboard.
(i) Disbursements shall be resumed upon request of the state board.
(ii) Back disbursements shall be included in the next regular disbursement, and theamount disbursed certified to the State Division of Finance and state treasurer by the state board.
(e) The State Board of Education may authorize exceptions to the 1/12 per monthdisbursement formula for grant funds if the board determines that a different disbursementformula would better serve the purposes of the grant.
(5) (a) If monies in the Uniform School Fund are insufficient to meet the state'scontribution to the minimum school program as appropriated, the amount of the deficiency thuscreated shall be carried as a deficiency in the Uniform School Fund until the next session of theLegislature, at which time the Legislature shall appropriate funds to cover the deficiency.
(b) If there is an operating deficit in public education Uniform School Fundappropriations, the Legislature shall eliminate the deficit by:
(i) budget transfers or other legal means;
(ii) appropriating money from the Education Budget Reserve Account;
(iii) appropriating up to 25% of the balance in the General Fund Budget ReserveAccount; or
(iv) some combination of Subsections (5)(b)(i), (ii), and (iii).
(c) Nothing in Subsection (5)(b) precludes the Legislature from appropriating more than25% of the balance in the General Fund Budget Reserve Account to fund operating deficits inpublic education appropriations.
Amended by Chapter 88, 2003 General Session
Amended by Chapter 221, 2003 General Session