AGO 97041.

CourtNebraska
Nebraska Attorney General Opinions 1997. AGO 97041. DATE: August 13, 1997SUBJECT: State Aid Certification Procedures; Effect of the 1997 Enactment of LB 595 and LB 713 REQUESTED BY: Douglas D. Christensen Commissioner of EducationWRITTEN BY: Don Stenberg, Attorney General Lauren L. Hill, Assistant Attorney General You have requested an opinion from this office regarding what effect the 1997 enactments of LB 595 and LB 713 have upon the Nebraska Department of Education's duties with respect to certification and distribution of state aid payments to local school districts. Specifically, you have posed two questions which are set forth, below, following a brief statement of the facts which were supplied as background to the opinion request. Pertinent Facts Pursuant to Neb. Rev. Stat. § 79-1022 (1996), the Nebraska Department of Education ["NDE"] is required, on or before July 1 of each year, to determine the amount of state aid that will be distributed to Nebraska public school districts under the state's statutory school finance formula. The certified state aid amounts are then distributed to the school districts in ten payments made from September through June of the ensuing school year. In developing their annual budgets, school districts are required to use the amount of state aid that the NDE has certified will be received for that particular school fiscal year. See Neb. Rev. Stat. § 79-1022. School districts must complete and file their proposed budget statements no later than August 1. Neb. Rev. Stat. § 13-504(1) (Supp. 1996). The NDE utilizes information collected within the agency, from school district reports, and from other sources in order to calculate and certify each year's state aid payments. As to information regarding each school district's adjusted valuations, Neb. Rev. Stat. § 79-1016 requires that on or before July 1, 1997, the Property Tax Administrator compute and certify to the NDE "the adjusted valuation for the current calendar year of each district . . . so that the valuation of property for each district, for purposes of determining state aid [payments] . . . , shall reflect as nearly as possible state aid value [as defined by the statute]." The adjusted valuations utilized by the NDE in the 1997-98 state aid formula calculations were those provided to the NDE pursuant to Neb. Rev. Stat. § 79-1016. At...

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