Home > Uncategorized > The 11 Month Statute

The 11 Month Statute

June 25, 2013

Thanks to reader Niky Shobert, I can cite the statute that calls for districts to get their state aid in 11 month increments rather than 12:

O.S. § 34.46 Allocation of Revenues – Accounts with Agencies – Nonfiscal Year Appropriations – Supplemental Appropriations

 

A. Revenues deposited in the State Treasury to the credit of the General Revenue Fund or of any special fund which derives its revenue in whole or part from state taxes or fees shall be allocated monthly to each state agency or special appropriation on a percentage basis, in that ratio that the total appropriation for each such state agency or special appropriation from each fund for that fiscal year bears to the total of all appropriations from each fund for that fiscal year. Appropriation allocations to the State Board of Education for the financial support of public schools shall be effective August 1 of the fiscal year in which they apply.

B. A cash account shall be maintained by the agency of the state charged with the allocation of revenues for each agency or special appropriation which receives appropriations from the general fund or any special fund, and no check or warrant shall be issued in excess of the unexpended balance of said cash account at the time such check or warrant is issued.

C. Cash allocations to each cash account shall be cumulative and shall be available for the payment of any claim incurred within the appropriations for which such cash was allocated, including claims incurred against nonfiscal year appropriations which are available for contracts for thirty (30) months from date such acts are passed.

D. Revenue allocations shall be made to nonfiscal appropriations. During the applicable fiscal year such appropriations shall become available for expenditure. Such appropriations may be expended only in that fiscal year. This limitation applies equally to those revenue allocations made to such appropriation.

E. Measures passed by the Legislature appropriating revenues from the General Revenue Fund, which are supplemental to the original budget in effect on July 1 of any fiscal year, shall be considered supplemental appropriations and shall receive revenue allocations for the first time in the month in which such acts become effective in compliance with Section 23 of Article X of the Oklahoma Constitution.

F. Supplemental appropriations from the General Revenue Fund passed by the Legislature in excess of the Board of Equalization’s estimate for that fiscal year shall be null and void.

As I read it, the allocation has to be made available to districts by August 1. Given the SDE’s track record with disbursing state aid, I guess we shouldn’t be surprised that they see no flexibility in the statute to help a district like Moore – which has faced unprecedented expenses for an Oklahoma school district over the last five weeks.

 

 

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  1. June 25, 2013 at 8:52 am

    Well, I stand corrected on the 11-month thing – which this citation makes as clear as mud. … It reminded me of my FAV law on the books, written by the Okla. Legislature in 1971, and found at 70 O.S. 18-101: “The education of our children is more than the performance of a duty or act of love. It is these things and also the highest expression of enlightened self-interest by the people of Oklahoma. Education is our finest investment.” Amen. 🙂

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