Introduced by Senator Collins of Franklin District and Senator Doyle of Washington District

BILL AS INTRODUCEDS.102

2007Page 1

S.102

Referred to Committee on

Date:

Subject: Education; excess spending percentage

Statement of purpose: This bill proposes to decrease the percentage which is used in the calculation of a school district’s excess spending from 125 percent currently to 122 percent in fiscal year 2009, 119 percent in fiscal year 2010, and 115 percent in fiscal year 2011.

AN ACT RELATING TO DECREASING THE PERCENTAGE TO DETERMINE A SCHOOL DISTRICT’S EXCESS SPENDING

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 32 V.S.A. § 5401(12) is amended to read:

(12) “Excess spending” means:

(A) the per-equalized pupil amount of:

(i) the district’s education spending, plus any amount required to be added from a capital construction reserve fund under 24 V.S.A. § 2804(b); minus

(ii) the portion of education spending which is approved school capital construction spending or deposited into a reserve fund under 24 V.S.A. § 2804 to pay future approved school capital construction costs, including that portion of tuition paid to an independent school designated as the public high school of the school district pursuant to 16 V.S.A. § 827 for capital construction costs by the independent school which has received approval from the state board of education, using the processes for preliminary approval of public school construction costs pursuant to 16 V.S.A. § 3448(a)(2);

(B) in excess of 125 122 percent of the statewide average district education spending per equalized pupil in the prior fiscal year, as determined by the commissioner of education.

Sec. 2. 32 V.S.A. § 5401(12) is amended to read:

(12) “Excess spending” means:

(A) the per-equalized pupil amount of:

(i) the district’s education spending, plus any amount required to be added from a capital construction reserve fund under 24 V.S.A. § 2804(b); minus

(B) in excess of 122 119 percent of the statewide average district education spending per equalized pupil in the prior fiscal year, as determined by the commissioner of education.

Sec. 3. 32 V.S.A. § 5401(12) is amended to read:

(12) “Excess spending” means:

(A) the per-equalized pupil amount of:

(i) the district’s education spending, plus any amount required to be added from a capital construction reserve fund under 24 V.S.A. § 2804(b); minus

(B) in excess of 119 115 percent of the statewide average district education spending per equalized pupil in the prior fiscal year, as determined by the commissioner of education.

Sec. 4. 16 V.S.A. § 4011(h) is amended to read:

(h) Annually, by October 1, the commissioner shall send to school boards for inclusion in town reports and publish on the department website the following information:

(1) the statewide average district spending per equalized pupil for the current fiscal year, and 125 percent of that average spending the amount of spending that would be considered excess spending pursuant to 32 V.S.A.
§ 5401(12); and

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Sec. 5. EFFECTIVE DATES

(a) Sec. 1 of this act shall take effect on January 1, 2008 and shall apply to budgets in the fiscal year 2009 school year.

(b) Sec. 2 of this act shall take effect on January 1, 2009 and shall apply to budgets in the fiscal year 2010 school year.

(c) Sec. 3 of this act shall take effect on January 1, 2010 and shall apply to budgets in the fiscal year 2011 school year and all years after.

(d) Sec. 4 of this act shall take effect on passage.