Bill Summary for H 539 (2015-2016)

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Summary date: 

Sep 28 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 539 (Public) Filed Wednesday, April 1, 2015
AN ACT TO PROVIDE FOR DAMAGES WHEN FUNDS ARE NOT TRANSFERRED WITHIN REQUIRED TIME LINES BETWEEN LOCAL SCHOOL ADMINISTRATIVE UNITS AND CHARTER SCHOOLS AND MODIFY CHARTER SCHOOL FUNDING AND THE UNIFORM BUDGET FORMAT FOR LOCAL SCHOOL ADMINISTRATIVE UNITS.
Intro. by Bryan, B. Brown, Szoka.

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Bill summary

Senate amendment makes the following changes to the 2nd edition.

Deletes proposed changes to GS 115C-218.105(c) which removed the provision that required the portion of the amount that the local school administrative unit in which the child resides that must be transferred to the charter school that consists of revenue from supplemental taxes to be transferred only to a charter school located in the tax district for which those taxes were levied and in which the student resided. 

Deletes all the proposed changes made to GS 115C-426 and replaces it with language that does the following.

Deletes the provision concerning the use of other funds and adds that other funds may be used only for the following: (1) moneys received for prekindergarten programs; (2) moneys received for the federal Junior Reserve Officer Training Corps program; (3) Federal grants or appropriations that are restricted as to use and that the federal government requires to be held separately and not co-mingled; (4) rental fees for the use of facilities of public schools; (5) sales tax refunds; (6) tuition; (7) gifts or grants that (a) expressly exclude charter schools; (b) have been expressly restricted by the donor or grantor to an individual school; and (c) were given or pledged prior to October 15, 2015; (8) enterprise funds where the LEA collects a fee for service; (9) fund balances used or accruing for the LEA's current operating expenses; (10) interest income; (11) funds received for participation in federal Child Nutrition Programs, except for indirect costs; (12) Medicare and Medicaid reimbursements; (13) fees for actual costs; and (14) funds for which the local school administrative unit is acting as the fiscal agent and does not derive any benefit.  

Also amends the subsection that provides that "other moneys made available or accruing to the local school administrative unit," which are included in the funds that make up the local current expense fund, include the following specified items: (1) moneys received for indirect costs; (2) reimbursements, except for Medicare and Medicaid reimbursements; (3) sales tax revenues regardless of how they are distributed; (4) gifts and grants that are not federal grants that are restricted as to use and required by the donor to be held in a specific fund; (5) federal grants and appropriations made directly to local school administrative units.