Montana Code 20-9-344. Duties of board of public education for distribution of BASE aid
20-9-344. Duties of board of public education for distribution of BASE aid. (1) The board of public education shall administer and distribute the BASE aid and state advances for county equalization in the manner and with the powers and duties provided by law. The board of public education:
Terms Used In Montana Code 20-9-344
- At-risk student: means any student who is affected by environmental conditions that negatively impact the student's educational performance or threaten a student's likelihood of promotion or graduation. See Montana Code 20-1-101
- BASE: means base amount for school equity. See Montana Code 20-9-306
- BASE aid: means :
(a)direct state aid for 44. See Montana Code 20-9-306
- Board of public education: means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507. See Montana Code 20-1-101
- Direct state aid: means 44. See Montana Code 20-9-306
- district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101
- Total at-risk student payment: means the payment resulting from the distribution of any funds appropriated for the purposes of 20-9-328. See Montana Code 20-9-306
- Total data-for-achievement payment: means the payment provided in 20-9-325 resulting from multiplying $22. See Montana Code 20-9-306
- Total quality educator payment: means the payment resulting from multiplying $3,566 for fiscal year 2024 and $3,673 for each succeeding fiscal year by the sum of:
(a)the number of full-time equivalent educators as provided in 20-9-327; and
(b)as provided in 20-9-324, for a school district meeting the legislative goal for competitive base pay of teachers, the number of full-time equivalent teachers that were in the first 3 years of the teacher's teaching career in the previous year. See Montana Code 20-9-306
- Trustees: means the governing board of a district. See Montana Code 20-1-101
(a)shall adopt policies for regulating the distribution of BASE aid and state advances for county equalization in accordance with the provisions of law;
(b)may require reports from the county superintendents, county treasurers, and trustees that it considers necessary; and
(c)shall order the superintendent of public instruction to distribute the BASE aid on the basis of each district‘s annual entitlement to the aid as established by the superintendent of public instruction. In ordering the distribution of BASE aid, the board of public education may not increase or decrease the BASE aid distribution to any district on account of any difference that may occur during the school fiscal year between budgeted and actual receipts from any other source of school revenue.
(2)The board of public education may order the superintendent of public instruction to withhold distribution of BASE aid from a district when the district fails to:
(a)submit reports or budgets as required by law or rules adopted by the board of public education; or
(b)maintain accredited status because of failure to meet the board of public education’s assurance and performance standards.
(3)Prior to any proposed order by the board of public education to withhold distribution of BASE aid or county equalization money, the district is entitled to a contested case hearing before the board of public education, as provided under the Montana Administrative Procedure Act.
(4)If a district or county receives more BASE aid than it is entitled to, the county treasurer shall return the overpayment to the state upon the request of the superintendent of public instruction in the manner prescribed by the superintendent of public instruction.
(5)Except as provided in 20-9-347(2), the BASE aid payment must be distributed according to the following schedule:
(a)from August to November of the school fiscal year, to each district 10% of:
(i)direct state aid;
(ii)the total quality educator payment;
(iii)the total at-risk student payment;
(iv)the total Indian education for all payment;
(v)the total American Indian achievement gap payment; and
(vi)the total data-for-achievement payment;
(b)from January to April of the school fiscal year, to each district 10% of:
(i)direct state aid;
(ii)the total quality educator payment;
(iii)the total at-risk student payment;
(iv)the total Indian education for all payment;
(v)the total American Indian achievement gap payment; and
(vi)the total data-for-achievement payment;
(c)in December of the school fiscal year, one-half of the guaranteed tax base aid payment to each district or county that has submitted a final budget to the superintendent of public instruction in accordance with the provisions of 20-9-134;
(d)in May of the school fiscal year, the remainder of the guaranteed tax base aid payment to each district or county; and
(e)in June of the school fiscal year, the remaining payment to each district of direct state aid, the total quality educator payment, the total at-risk student payment, the total Indian education for all payment, the total American Indian achievement gap payment, and the total data-for-achievement payment.
(6)The distribution provided for in subsection (5) must occur by the last working day of each month.