(1) (a) On or before October 15 of each year, the commissioner of education shall certify to the state treasurer the amount of the advance reimbursement entitlement of each school district, the state charter school institute, and each facility school for the current entitlement period and the amount of the final reimbursement entitlement of each school district, the institute, and each facility school for the preceding entitlement period. The state treasurer shall thereupon pay from the public school transportation fund directly to the treasurer of each school district which has elected under the law to withdraw its funds from the custody of the county treasurer, directly to the treasurer of the state charter school institute, and directly to the treasurer of each facility school the amount certified as the total reimbursement entitlement of the school district, the institute, or the facility school; and, for all other school districts, the state treasurer shall pay to the county treasurer of the county in which each school district has its headquarters the amount certified as the total reimbursement entitlement of each district, and the county treasurer shall forthwith credit to the general fund of each district in the county the amount certified therefor.
(b) For purposes of this section:
"Advance reimbursement entitlement" means an amount that a school district, thestate charter school institute, or a facility school is entitled to receive in the current entitlement period as an advance payment of its reimbursement entitlement for such period and which is equal to twenty percent of the reimbursement entitlement of the school district, the institute, or the facility school for the preceding entitlement period.
"Final reimbursement entitlement" means the reimbursement entitlement of a schooldistrict, the state charter school institute, or a facility school for the preceding entitlement period less any advance reimbursement entitlement received by said district, the institute, or the facility school for said period.
"Total reimbursement entitlement" means the advance reimbursement entitlementand the final reimbursement entitlement of a school district, the state charter school institute, or a facility school.
(2) (a) In the event the amount of money appropriated by the general assembly to the public school transportation fund is less than the amount of the total reimbursement entitlements of all of the school districts, of the state charter school institute, and of all of the facility schools authorized by this section, the amount to be distributed to each school district, the institute, and each facility school shall be in the same proportion as the amount which the appropriation made bears to the total amount of the reimbursement entitlements of all school districts, of the state charter school institute, and of all facility schools.
(b) For the entitlement period beginning on or after July 1, 1993, the calculation in paragraph (a) of this subsection (2) shall be based on the amount of money appropriated by the general assembly to the public school transportation fund. For the entitlement period beginning on or after July 1, 1993, any district subject to a court-ordered desegregation order shall be entitled to reimbursement of one million five hundred thousand dollars, subject to separate appropriation by the general assembly, for pupil transportation in addition to any amount received pursuant to paragraph (a) of this subsection (2).
Source: L. 75: Entire article R&RE, p. 716, § 1, effective July 14. L. 88: Entire section amended, p. 775, § 5, effective May 29. L. 95: (2) amended, p. 611, § 12, effective May 22. L. 96: (2)(b) amended, p. 1795, § 9, effective June 4. L. 2004: Entire section amended, p. 1589, § 20, effective June 3. L. 2008: (1) and (2)(a) amended, p. 1404, § 50, effective May 27.
Editor's note: This section is similar to former § 22-51-106 as it existed prior to 1975.