Certifications by school boards, governing boards, and facility schools rules.

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(1) On or before August 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.

Editor's note: This section is similar to former § 22-51-104 as it existed prior to 1975.


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