163.021. Eligibility for state aid, requirements--evaluation of correlation of rates and assessed valuation, report, calculation--further requirements--exception--operating levy less than performance
Eligibility for state aid, requirements--evaluation of correlation ofrates and assessed valuation, report, calculation--furtherrequirements--exception--operating levy less than performancelevy, requirements.
163.021. 1. A school district shall receive state aid for itseducation program only if it:
(1) Provides for a minimum of one hundred seventy-four days and onethousand forty-four hours of actual pupil attendance in a term scheduled bythe board pursuant to section 160.041, RSMo, for each pupil or group ofpupils, except that the board shall provide a minimum of one hundredseventy-four days and five hundred twenty-two hours of actual pupilattendance in a term for kindergarten pupils. If any school is dismissedbecause of inclement weather after school has been in session for threehours, that day shall count as a school day including afternoon sessionkindergarten students. When the aggregate hours lost in a term due toinclement weather decreases the total hours of the school term below therequired minimum number of hours by more than twelve hours for all-daystudents or six hours for one-half-day kindergarten students, all suchhours below the minimum must be made up in one-half day or full dayadditions to the term, except as provided in section 171.033, RSMo;
(2) Maintains adequate and accurate records of attendance, personneland finances, as required by the state board of education, which shallinclude the preparation of a financial statement which shall be submittedto the state board of education the same as required by the provisions ofsection 165.111, RSMo, for districts;
(3) Levies an operating levy for school purposes of not less than onedollar and twenty-five cents after all adjustments and reductions on eachone hundred dollars assessed valuation of the district;
(4) Computes average daily attendance as defined in subdivision (2)of section 163.011 as modified by section 171.031, RSMo. Whenever therehas existed within the district an infectious disease, contagion, epidemic,plague or similar condition whereby the school attendance is substantiallyreduced for an extended period in any school year, the apportionment ofschool funds and all other distribution of school moneys shall be made onthe basis of the school year next preceding the year in which suchcondition existed.
2. For the 2006-07 school year and thereafter, no school districtshall receive more state aid, as calculated under subsections 1 and 2 ofsection 163.031, for its education program, exclusive of categoricaladd-ons, than it received per weighted average daily attendance for theschool year 2005-06 from the foundation formula, line 14, gifted, remedialreading, exceptional pupil aid, fair share, and free textbook paymentamounts, unless it has an operating levy for school purposes, as determinedpursuant to section 163.011, of not less than two dollars and seventy-fivecents after all adjustments and reductions. Any district which isrequired, pursuant to article X, section 22 of the Missouri Constitution,to reduce its operating levy below the minimum tax rate otherwise requiredunder this subsection shall not be construed to be in violation of thissubsection for making such tax rate reduction. Pursuant to section 10(c)of article X of the state constitution, a school district may levy theoperating levy for school purposes required by this subsection less alladjustments required pursuant to article X, section 22 of the MissouriConstitution if such rate does not exceed the highest tax rate in effectsubsequent to the 1980 tax year. Nothing in this section shall beconstrued to mean that a school district is guaranteed to receive an amountnot less than the amount the school district received per eligible pupilfor the school year 1990-91. The provisions of this subsection shall notapply to any school district located in a county of the secondclassification which has a nuclear power plant located in such district orto any school district located in a county of the third classificationwhich has an electric power generation unit with a rated generatingcapacity of more than one hundred fifty megawatts which is owned oroperated or both by a rural electric cooperative except that such schooldistricts may levy for current school purposes and capital projects anoperating levy not to exceed two dollars and seventy-five cents less alladjustments required pursuant to article X, section 22 of the MissouriConstitution.
3. No school district shall receive more state aid, as calculated insection 163.031, for its education program, exclusive of categoricaladd-ons, than it received per eligible pupil for the school year 1993-1994,if the state board of education determines that the district was not incompliance in the preceding school year with the requirements of section163.172, until such time as the board determines that the district is againin compliance with the requirements of section 163.172.
4. No school district shall receive state aid, pursuant to section163.031, if such district was not in compliance, during the precedingschool year, with the requirement, established pursuant to section 160.530,RSMo, to allocate revenue to the professional development committee of thedistrict.
5. No school district shall receive more state aid, as calculated insubsections 1 and 2 of section 163.031, for its education program,exclusive of categorical add-ons, than it received per weighted averagedaily attendance for the school year 2005-06 from the foundation formula,line 14, gifted, remedial reading, exceptional pupil aid, fair share, andfree textbook payment amounts, if the district did not comply in thepreceding school year with the requirements of subsection 6 of section163.031.
6. Any school district that levies an operating levy for schoolpurposes that is less than the performance levy, as such term is defined insection 163.011, shall provide written notice to the department ofelementary and secondary education asserting that the district is providingan adequate education to the students of such district. If a schooldistrict asserts that it is not providing an adequate education to itsstudents, such inadequacy shall be deemed to be a result of insufficientlocal effort. The provisions of this subsection shall not apply to anyspecial district established under sections 162.815 to 162.940, RSMo.
(L. 1963 p. 200 § 4-2, A.L. 1973 H.B. 38, A.L. 1982 S.B. 832, A.L. 1983 S.B. 39, A.L. 1984 H.B. 1456 & 1197, A.L. 1988 S.B. 797, A.L. 1992 H.B. 1478, et al., A.L. 1993 S.B. 380, A.L. 1996 S.B. 795, et al., A.L. 1997 H.B. 105, A.L. 1998 S.B. 781, A.L. 2005 S.B. 287, A.L. 2006 S.B. 894)(Source: RSMo 1959 § 161.025)
(1972) The phrase "No levy for public schools or libraries shall be reduced below a point that would entitle them to participate in state funds" in § 137.073, RSMo, prohibits a reduction in the rate of levy to a point where no state funds would be available, i.e., a reduction below a rate of $1.00, and does not prohibit a reduction below a rate that would only cut off participation in additional state aid under § 163.031. Mo. Pacific Rd. Co. v. Kuehle (Mo.), 482 S.W.2d 505.