This text of Nebraska § 79-1007.15 (Elementary site allowance; calculation) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)For school fiscal year 2008-09, the department shall calculate an
elementary site allowance for any district in which (a) the district has more
than one elementary attendance site, (b) at least one of the elementary attendance
sites does not offer any other grades, (c) the square miles in the district
divided by the number of elementary attendance sites in the district equals
one hundred square miles or more per elementary attendance site, and (d) the
fall membership in elementary site grades
in the district divided by the number of elementary site grades then divided again by the number
of elementary attendance sites equals fifteen or fewer students per grade
per elementary attendance site. Qualifying elementary attendance sites for
such districts shall only offer elementary site grad
Free access — add to your briefcase to read the full text and ask questions with AI
(1) For school fiscal year 2008-09, the department shall calculate an
elementary site allowance for any district in which (a) the district has more
than one elementary attendance site, (b) at least one of the elementary attendance
sites does not offer any other grades, (c) the square miles in the district
divided by the number of elementary attendance sites in the district equals
one hundred square miles or more per elementary attendance site, and (d) the
fall membership in elementary site grades
in the district divided by the number of elementary site grades then divided again by the number
of elementary attendance sites equals fifteen or fewer students per grade
per elementary attendance site. Qualifying elementary attendance sites for
such districts shall only offer elementary site grades
and shall have an average of fifteen or fewer students per grade in the fall
membership.
(2) For school fiscal year 2009-10 and each school fiscal year thereafter,
the department shall calculate an elementary site allowance for any district
which has at least one qualifying elementary attendance site and which submits
the information required for the calculation on a form prescribed by the department
on or before October 15 of the school fiscal year preceding the school fiscal
year for which aid is being calculated. A qualifying elementary attendance
site shall be an elementary attendance site, in a district with multiple elementary
attendance sites, which does not have another elementary attendance site within
seven miles in the same school district or which is the only public elementary
attendance site located in an incorporated city or village.
(3) The elementary site allowance for each qualifying district shall
equal the sum of the elementary site allowances for each qualifying elementary
attendance site in the district. The elementary site allowance for each qualifying
elementary attendance site shall equal five hundred percent of the statewide
average general fund operating expenditures per formula student multiplied
by the result of rounding the ratio of the fall membership attributed to the
elementary attendance site divided by eight up to the next whole number if
the result was not a whole number, except that if the resulting whole number
is greater than the number of elementary site grades, the whole number shall be reduced
to equal the number of elementary site grades.
(4) For purposes of this section:
(a) Each district shall determine which grades are considered elementary site grades, except that (i)
all grades designated as elementary site grades
shall be offered in each elementary attendance site in the district, without any preference indicated by
the school board or any school district administrator for students to attend
different elementary attendance sites depending on their elementary site grade
level, for the school fiscal year for which aid is being calculated and for
each of the five school fiscal years preceding the school fiscal year for
which aid is being calculated and (ii) elementary site grades shall not include grades nine, ten,
eleven, or twelve;
(b) An elementary attendance site is an attendance site in which elementary site grades are offered;
(c) The primary elementary site shall be the elementary attendance site
to which the most formula students are attributed in the district and shall
not be a qualifying elementary attendance site; and
(d) Fall membership means the fall membership for the school fiscal
year immediately preceding the school fiscal year for which aid is being calculated.
(5) If the elementary
attendance site is new or is being reopened after being closed for at least
one school year, the requirements of subdivision (4)(a)(i) of this section
with respect to preceding school fiscal years shall not apply to school fiscal
years in which the elementary attendance site was not in operation.
(6) The department shall
determine if the qualifications for the elementary site allowance have been
met for each elementary attendance site for which information has been submitted.
The department may rely on the information submitted and any other information
available to the department, including, but not limited to, past attendance
patterns. The state board shall establish a procedure for appeal of decisions
of the department to the state board for a final determination.