15-825.01. Certificates of educational convenience; pupils attending out-of-state schools

A. A school district is eligible to receive payment from state school monies for excess tuition if the following conditions are met:

1. The county school superintendent issues a certificate of educational convenience pursuant to section 15-825, subsection A, for one or more pupils who reside in the district to attend a school in an adjacent state which is proximate to the school district when the pupils are precluded by distance or lack of adequate transportation facilities from attending a school in the school district or county of the pupils' residence.

2. The superintendent of public instruction determines that the development of an interstate compact with another state or an intergovernmental agreement between the sending and receiving school districts, which provides for tuition-free attendance in the receiving district, is impracticable or not in the best interests of this state.

3. The total amount of tuition charged by the receiving district is greater than the equalization base amount as determined by section 15-971, subsection A, for all of the pupils for whom tuition is being paid pursuant to paragraph 1 of this subsection.

B. The excess tuition payment shall be calculated as follows:

1. Determine the amount of tuition being charged by the receiving district for pupils attending the district pursuant to subsection A, paragraph 1 of this section.

2. Determine the lesser of the amount determined in paragraph 1 of this subsection or the guaranteed tuition level. The guaranteed tuition level for the receiving district shall be determined for the tuitioned pupils by the department of education based upon the receiving state's school finance formula or the actual costs of educating pupils in the receiving district, whichever is appropriate.

3. Subtract the equalization base amount as provided in subsection A, paragraph 3 of this section, from the amount determined in paragraph 2 of this subsection.

C. The excess tuition payment is exempt from the revenue control limit as provided in section 15-947.