§10002 State uses of funds

Summary

The Governor must spend 81.8% of the State’s yearly allocation on elementary, secondary, and postsecondary education and, if it applies, early childhood programs. First, the Governor must use that money to bring K–12 state funding back up in fiscal years 2009, 2010, and 2011 to at least the higher of the 2008 or 2009 level and to let any State funding increases enacted before October 1, 2008, take effect. The Governor must also restore state support for public colleges and universities (not counting student tuition or fees) in those same years to at least the higher of the 2008 or 2009 level. If the 81.8% is not enough to do both, the Governor must split it between K–12 and higher education based on how big each shortfall is. After that, any leftover money must go to local school districts as subgrants, using their shares from the most recent Title I data. The Governor must use 18.2% of the State’s allocation for public safety and other government services. That money can also help schools and colleges and pay for modernizing, renovating, or repairing school and college buildings, including projects that meet a green building rating system. When funding college repairs, the Governor must consider any college that meets the federal definition and still qualifies for federal student aid. Local school districts cannot do building work that breaks state law. Definitions: fiscal year — as defined by State law. institution of higher education — one that meets the federal definition and remains eligible for Title IV federal student aid.