§ 19-5-1227 — Educational Adequacy Fund

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Educational Adequacy Fund". (b) After the Treasurer of State has made deductions from the revenues under § 19-5-203(b)(2)(A) , the Educational Adequacy Fund shall consist of: (1) All net revenues collected due to enactments of the Eighty-Fourth General Assembly meeting in Second Extraordinary Session, unless a different distribution of those additional net revenues is otherwise provided in the act creating those additional net revenues; (2) The revenues credited to the Educational Adequacy Fund under § 26-54-113(b)(2) ; (3) The revenues generated by § 26-52-302(d) , § 26-52-316 , § 26-52-317(c)(1)(C) , § 26-52-319(a)(2)(C) , § 26-53-107(d) , § 26-53-145(c)(1)(C) , § 26-53-148(a)(2)(C) , § 26-56-224(c)(3) , and § 26-57-1002(d)(1)(A)(ii) ; and (4) Other revenues as provided by law. (c) (1) The Chief Fiscal Officer of the State will determine, from time to time, the amount of funds required from the Educational Adequacy Fund which, when added to other resources available to the Division of Elementary and Secondary Education Public School Fund Account of the Public School Fund and the Division of Elementary and Secondary Education Fund Account of the Education Fund, is needed to fulfill the financial obligation of the state to provide an adequate educational system as authorized by law and shall certify the amounts to the Treasurer of State. (2) At the end of each month, the Treasurer of State shall transfer all moneys available from the Educational Adequacy Fund to the Division of Elementary and Secondary Education Public School Fund Account of the Public School Fund and to the Division of Elementary and Secondary Education Fund Account of the Education Fund until the sum of all transfers from the Educational Adequacy Fund equals the amounts determined in subdivision (c)(1) of this section, there to be used as determined by law. (d) In the event the Chief Fiscal Officer of the State determines that the transfers from the Educational Adequacy Fund, when added to the other resources available to the Division of Elementary and Secondary Education Public School Fund Account of the Public School Fund, are not sufficient to meet the state's financial obligation to provide an adequate educational system as authorized by law, the additional amount required shall be transferred from the other funds and fund accounts, except the Educational Facilities Partnership Fund Account, within § 19-5-402 and § 19-5-404(a) [repealed] based upon the proportion that each of the remaining funds and fund accounts, excluding the Educational Facilities Partnership Fund Account, bears to the total of the remaining funds and fund accounts in § 19-5-402 and § 19-5-404(a) [repealed].

Legislative History

Amended by Act 2019, No. 910,§ 2273, eff. 7/1/2019. Amended by Act 2016EX3, No. 1,§ 10, eff. 7/1/2017. Amended by Act 2013, No. 1411,§ 4, eff. 7/1/2014. Acts 2003 (2nd Ex. Sess.), No. 94, § 5; 2003 (2nd Ex. Sess.), No. 107, § 11; 2003 (2nd Ex. Sess.), No. 108, § 1; 2005, No. 2131, § 35; 2006 (1st Ex. Sess.), No. 20, § 10; 2007, No. 110, § 8; 2009, No. 1440, § 5; 2009, No. 1441, § 5; 2012, No. 271, § 4; 2012, No. 287, § 4.