(1) Except as otherwise provided in subsection (1.5) of this section, for financial aid in providing pupil transportation, for entitlement periods ending on June 30, 1988, and thereafter, each school district, the state charter school institute, and each facility school shall have a reimbursement entitlement in an amount determined as follows:
(a) Thirty-seven and eighty-seven one-hundredths cents for each mile traveled by vehicles operated by or for the school district, the institute, or the facility school in providing pupil transportation during the entitlement period. The number of miles traveled shall be determined by the state board of education based upon information submitted pursuant to section 22-51-105.
(b) Thirty-three and eighty-seven one-hundredths percent of any amount by which the school district's, the institute's, or the facility school's current operating expenditures for pupil transportation during the entitlement period exceeded the school district's, institute's, or facility school's reimbursement entitlement under the provisions of paragraph (a) of this subsection (1); and
(c) Not more than sixty percent of the costs of contracts entered into by a school district pursuant to section 22-32-110 (1)(w) or entered into by the state charter school institute or a facility school for the purpose of conserving fuel or reducing operating or capital expenditures, or both, for pupil transportation under public transportation programs which comply with the code of federal regulations, title 49, parts 390 to 397, or successor regulations thereto. Reimbursement entitlements under this paragraph (c) shall not be greater than those the school district, the institute, or the facility school would otherwise receive if it operated its own vehicles or contracted for the exclusive transportation of pupils.
(1.5) (a) Repealed.
(b) Notwithstanding the provisions of subsection (1) of this section, for entitlement periods ending on June 30, 1989, and thereafter, a school district, the state charter school institute, and a facility school shall not receive a reimbursement entitlement in an amount which is less than its reimbursement entitlement for the preceding entitlement period. For purposes of this paragraph (b), the reimbursement entitlement for the preceding entitlement period shall be the amount to which the school district, the institute, or the facility school would have been entitled under the formula in subsection (1) of this section, and not the amount it actually received for the preceding entitlement period, if different from the amount under said formula.
(2) In no event shall the reimbursement entitlement of a school district, the institute, or a facility school under the provisions of subsection (1) of this section for any entitlement period exceed ninety percent of the total amount expended by the school district, the institute, or the facility school during said entitlement period for current operating expenditures for pupil transportation.
(3) For financial aid in providing board allowances in lieu of transportation, each school district and the institute shall have a reimbursement entitlement for an entitlement period for each pupil who is temporarily residing during said entitlement period for the purpose of attending school at a place nearer the school of attendance than the student's permanent residence, and for whom the district or the institute has paid a board allowance in lieu of furnishing transportation, in the amount of one dollar for each day such board was paid by the district or the institute.
Source: L. 75: Entire article R&RE, p. 715, � 1, effective July 14. L. 80: (1) amended, p. 559, � 6, effective May 1; (1)(c) added, p. 562, � 1, effective July 1. L. 88: IP(1), (1)(a), and (1)(b) amended and (1.5) added, p. 774, � 3, effective May 29; (1.5)(a) repealed, p. 774, � 3, effective November 1. L. 94: (2) amended, p. 809, � 15, effective April 27; (2) amended, p. 1282, � 5, effective May 22. L. 95: (2) amended, p. 611, � 11, effective May 22. L. 2004: Entire section amended, p. 1588, � 18, effective June 3. L. 2008: (1), (1.5), and (2) amended, p. 1402, � 48, effective May 27.
Editor's note: This section is similar to former � 22-51-103 as it existed prior to 1975.
22-51-105. Certifications by school boards, governing boards, and facility schools - rules. (1) On or before September 15 of each year, the school board of each school district entitled to and desiring reimbursement under this article 51, the state charter school institute board, and each facility school entitled to and desiring reimbursement under this article 51 shall certify to the state board of education, on forms provided by the commissioner of education, any information the board deems necessary to determine the reimbursement entitlement of the district, the institute, or the facility school. The information includes, but is not limited to, the total amount of the school district's, institute's, or facility school's current operating expenditures for pupil transportation during the preceding entitlement period, the total number of miles traveled and the total number of pupils transported on the pupil enrollment count day, as defined in section 22-54-103 (10.5), during the preceding entitlement period by vehicles operated by or for the school district, the institute, or the facility school in providing pupil transportation, and the transportation route descriptions in effect on the pupil enrollment count day.
(2) The department of education shall promulgate rules to allow for verification of the accuracy and appropriateness of the route mileages submitted by school districts, the institute, and facility schools pursuant to subsection (1) of this section. If the department determines that an overpayment has been made due to the submission of inaccurate or inappropriate route mileages, the department shall recover from the school district, the institute, or the facility school an amount equal to the overpayment plus a penalty of not more than twenty percent of the overpayment.
Source: L. 75: Entire article R&RE, p. 715, � 1, effective July 14. L. 88: Entire section R&RE, p. 775, � 4, effective May 29. L. 2004: Entire section amended, p. 1589, � 19, effective June 3. L. 2008: Entire section amended, p. 1403, � 49, effective May 27. L. 2017: (1) amended, (SB 17-052), ch. 5, p. 9, � 1, effective August 9. L. 2021: (1) amended, (SB 21-268), ch. 222, p. 1172, � 4, effective June 11.
Editor's note: This section is similar to former � 22-51-104 as it existed prior to 1975.
22-51-106. Certification to and payment by state treasurer - deficiency in fund. (1) (a) On or before November 15 of each year, the commissioner of education shall certify to the state treasurer the amount of the advance reimbursement entitlement of each school district, the state charter school institute, and each facility school for the current entitlement period and the amount of the final reimbursement entitlement of each school district, the institute, and each facility school for the preceding entitlement period. The state treasurer shall thereupon pay from the public school transportation fund directly to the treasurer of each school district that has elected under the law to withdraw its funds from the custody of the county treasurer, directly to the treasurer of the state charter school institute, and directly to the treasurer of each facility school the amount certified as the total reimbursement entitlement of the school district, the institute, or the facility school; and, for all other school districts, the state treasurer shall pay to the county treasurer of the county in which each school district has its headquarters the amount certified as the total reimbursement entitlement of each district, and the county treasurer shall forthwith credit to the general fund of each district in the county the amount certified therefor.
(b) For purposes of this section:
(I) Advance reimbursement entitlement means an amount that a school district, the state charter school institute, or a facility school is entitled to receive in the current entitlement period as an advance payment of its reimbursement entitlement for such period and which is equal to twenty percent of the reimbursement entitlement of the school district, the institute, or the facility school for the preceding entitlement period.
(II) Final reimbursement entitlement means the reimbursement entitlement of a school district, the state charter school institute, or a facility school for the preceding entitlement period less any advance reimbursement entitlement received by said district, the institute, or the facility school for said period.
(III) Total reimbursement entitlement means the advance reimbursement entitlement and the final reimbursement entitlement of a school district, the state charter school institute, or a facility school.
(2) (a) In the event the amount of money appropriated by the general assembly to the public school transportation fund is less than the amount of the total reimbursement entitlements of all of the school districts, of the state charter school institute, and of all of the facility schools authorized by this section, the amount to be distributed to each school district, the institute, and each facility school shall be in the same proportion as the amount which the appropriation made bears to the total amount of the reimbursement entitlements of all school districts, of the state charter school institute, and of all facility schools.
(b) For the entitlement period beginning on or after July 1, 1993, the calculation in paragraph (a) of this subsection (2) shall be based on the amount of money appropriated by the general assembly to the public school transportation fund. For the entitlement period beginning on or after July 1, 1993, any district subject to a court-ordered desegregation order shall be entitled to reimbursement of one million five hundred thousand dollars, subject to separate appropriation by the general assembly, for pupil transportation in addition to any amount received pursuant to paragraph (a) of this subsection (2).
Source: L. 75: Entire article R&RE, p. 716, � 1, effective July 14. L. 88: Entire section amended, p. 775, � 5, effective May 29. L. 95: (2) amended, p. 611, � 12, effective May 22. L. 96: (2)(b) amended, p. 1795, � 9, effective June 4. L. 2004: Entire section amended, p. 1589, � 20, effective June 3. L. 2008: (1) and (2)(a) amended, p. 1404, � 50, effective May 27. L. 2021: (1)(a) amended, (SB 21-268), ch. 222, p. 1172, � 5, effective June 11.
Editor's note: This section is similar to former � 22-51-106 as it existed prior to 1975.