§ 20-6-107 — Qualification For Reconciliation Payment -- Petition To Qualify

20-6-107 . Qualification for reconciliation payment -- petition to qualify. (1) A school district that has enrolled and admitted an isolated pupil is qualified for a reconciliation payment as provided in this section when the isolated pupil is a resident of a contiguous school district that has a taxable value of at least $100 million and a taxable value per-ANB that is greater than 1.5 times the taxable value per-ANB in the school district of attendance.
(2) On payment of a processing fee of $100 to the county superintendent of the county in which the resident school district of an isolated pupil is located, a school district that meets the requirements of subsection (1) may annually petition to qualify for a reconciliation payment calculated pursuant to 20-6-108 . To qualify for a reconciliation payment in the subsequent fiscal year, the school district shall file a petition with the county superintendent no later than June 1. The petition must include supporting evidence for the qualification of the school district of attendance for a reconciliation payment, including the number of full-time equivalent isolated pupils who were enrolled and admitted to the school district of attendance and receiving onsite instruction in the current school year.
(3) On receipt of a petition for a reconciliation payment, the county superintendent shall undertake a reasonable inquiry to assess the validity of the petition and eligibility for the reconciliation payment. The county superintendent shall exercise their best judgment and make a determination based on available and credible evidence, documentation, and applicable laws and policies. The county superintendent shall afford deference to the petitioner's assertions, ensuring that the evaluation process remains fair, transparent, and consistent with established criteria. The county superintendent may utilize resources and expertise from the office of public instruction, the department of revenue, and the department of transportation to verify the credibility of the evidence presented and to better ascertain the facts surrounding the petition.
(4) The county superintendent shall complete the inquiry and communicate the findings and determination, including a designation of the number of full-time equivalent isolated pupils enrolled in the school district of attendance, to the petitioner and the resident school district within 30 calendar days from the date of receipt of the petition. If further information or clarification is required to make an informed determination, the county superintendent may request additional documentation or engage in dialogue with the petitioner within this timeframe.
(5) An affected school district that disagrees with the county superintendent's determination may appeal to the district court by filing a verified petition with the court clerk and serving a copy of the petition on the county superintendent. The petition must clearly outline the objections of the school district to the basis of the county superintendent's determination and the objective criteria set forth in 20-6-106 through 20-6-109 . Filing and serving the petition stays the county superintendent's decision until the court reaches a final determination on the matter. The court shall schedule a hearing at the earliest possible convenience. The court shall review the record and determine whether the county superintendent's decision constituted an abuse of discretion. The proceedings must be summary and informal, and the court's decision must be considered final.

Legislative History

En. Sec. 2, Ch. 735, L. 2025.