§ 15-1469 — Attendance of nonresident state students; payment of cost by county of residence and state

A. The district may admit students from any part of this state that is not a part of an established community college district on the same conditions as residents.

B. The county of the student's residence and this state shall reimburse the district as provided in this subsection and subsection C of this section. The total amount of reimbursement to each community college district from each county that is not a part of an organized community college district and from this state shall be determined as follows:

1. For students attending classes within the established community college district:

(a) Determine the number of full-time equivalent students attending classes within the district from the county for the year preceding the current year.

(b) Determine the operational expenses of the district for the current year, excluding direct and indirect costs of noncredit courses and direct and indirect costs of 300-level and 400-level community college baccalaureate degree courses.

(c) Determine the amount of state aid the district received for the current year as provided in section 15-1466.

(d) Subtract the amount of state aid received for the current year determined in subdivision (c) of this paragraph from the amount of operational expenses for the current year determined in subdivision (b) of this paragraph.

(e) Determine the number of full-time equivalent students enrolled in the district for the current year.

(f) Divide the amount determined in subdivision (d) of this paragraph by the number of full-time equivalent students determined in subdivision (e) of this paragraph.

(g) Multiply the amount determined in subdivision (f) of this paragraph by the average number of full-time equivalent students for the county determined as provided in subdivision (a) of this paragraph. The resulting amount is the total amount of reimbursement to the district from this state and from the county for the budget year for students attending classes within the established community college district. Beginning in the 2022-2023 fiscal year, this amount shall be paid to the district as prescribed in subsection C of this section.

2. For students attending classes offered by the district within the county pursuant to section 15-1470, the amount specified in the intergovernmental agreement is the amount of reimbursement to the district from the county for the budget year for students attending classes within the county.

C. Beginning in the 2022-2023 fiscal year, the amount calculated pursuant to subsection B, paragraph 1 of this section shall be paid to the district as follows:

1. The county that is not a part of an organized community college district shall reimburse the district for the budget year for students attending classes within the established community college district in an amount that is calculated as follows:

(a) Divide the amount of the primary property tax levy of the district from the prior year by the number of full-time equivalent students enrolled in the district for the current year as determined in subsection B, paragraph 1, subdivision (e) of this section.

(b) Multiply the amount calculated pursuant to subdivision (a) of this paragraph by the number of full-time equivalent students attending classes within the district from the county for the year preceding the current year as determined in subsection B, paragraph 1, subdivision (a) of this section.

2. An amount that is equal to the amount calculated pursuant to subsection B, paragraph 1 of this section minus the amount that is calculated pursuant to paragraph 1 of this subsection shall be paid to the district from the state general fund.

D. On or before May 15 of each year, the staff of the joint legislative budget committee shall:

1. Determine the total amount of reimbursement to each district from each county and this state pursuant to subsection B, paragraph 1 of this section and the amounts that each county and this state must pay to each district under subsection C of this section.

2. Notify the board of supervisors of each county of the amount it must reimburse to each district pursuant to subsection C, paragraph 1 of this section for the budget year.

3. Notify each community college district that is eligible to receive reimbursement of the amount of reimbursement from each county and this state pursuant to subsection B, paragraph 1 and subsection C of this section for the budget year.

E. On or before November 15 and May 15 of each year, the board of supervisors shall draw warrants on the county treasurer in favor of the community college district for half of the amount due pursuant to subsection B, paragraph 2 or subsection C, paragraph 1 of this section. The board of supervisors shall:

1. Pay monies from the county general fund or levy a community college reimbursement levy pursuant to section 42-17203 for the amount of reimbursement pursuant to an intergovernmental agreement for extension courses as provided in section 15-1470.

2. Pay monies from the county general fund or levy a community college reimbursement levy pursuant to section 42-17203 for the amount of reimbursement pursuant to subsection C, paragraph 1 of this section.

F. Notwithstanding subsection E of this section, a county and a community college district may specify by intergovernmental agreement that the amount of reimbursement due from the county be reduced by the value of in-kind contributions made by the county to the district.

G. For the purposes of subsection B, paragraph 1 of this section, full-time equivalent students are determined in the same manner prescribed by section 15-1466.01.