20-9-347. Distribution of BASE aid and special education allowable cost payments in support of BASE funding program — exceptions. (1) The superintendent of public instruction shall:

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Terms Used In Montana Code 20-9-347

  • 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

  • BASE funding program: means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321. See Montana Code 20-9-306
  • County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
  • 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
  • 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

(a)supply the county treasurer and the county superintendent with a monthly report of the payment of BASE aid in support of the BASE funding program of each district of the county;

(b)in the manner described in 20-9-344, provide for a state advance to each county in an amount that is no less than the amount anticipated to be raised for the elementary and high school county equalization funds as provided in 20-9-331 and 20-9-333; and

(c)adopt rules to implement the provisions of subsection (1)(b).

(2)(a) The superintendent of public instruction is authorized to adjust the schedule prescribed in 20-9-344 for distribution of the BASE aid payments if the distribution will cause a district to register warrants under the provisions of 20-9-212(8).

(b)To qualify for an adjustment in the payment schedule, a district shall demonstrate to the superintendent of public instruction, in the manner required by the office, that the payment schedule prescribed in 20-9-344 will result in insufficient money available in all funds of the district to make payment of the district’s warrants. The county treasurer shall confirm the anticipated deficit. This section may not be construed to authorize the superintendent of public instruction to exceed a district’s annual payment for BASE aid.

(3)The superintendent of public instruction shall:

(a)distribute special education allowable cost payments to districts; and

(b)supply the county treasurer and the county superintendent of schools with a report of payments for special education allowable costs to districts of the county.