North Carolina § 116-239 - 11. State and local funds.

§ 116-239. 11. State and local funds.

The State Board of Education shall allocate to a laboratory school the following: An amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the school is located for each child attending the laboratory school, except for the allocation for children with disabilities and for the allocation for children with limited English proficiency. An additional amount for each child attending the laboratory school who is a child with disabilities. In the event a child with disabilities leaves the laboratory school and enrolls in a public school during the first 60 school days in the school year, the laboratory school shall return a pro rata amount of funds allocated for that child to the State Board, and the State Board shall reallocate those funds to the local school administrative unit in which the public school is located. In the event a child with disabilities enrolls in the laboratory school during the first 60 school days in the school year, the State Board shall allocate to the laboratory school the pro rata amount of additional funds for children with disabilities. An additional amount for children with limited English proficiency attending the laboratory school, based on a formula adopted by the State Board. The State Board shall allow for annual adjustments to the amount allocated to the laboratory school based on its enrollment growth in school years subsequent to the initial year of operation. Funds allocated by the State Board of Education may be used to enter into operational and financing leases for real property or mobile classroom units for use as school facilities for laboratory schools and may be used for payments on loans made to laboratory schools for facilities, equipment, or operations. However, State funds allocated under this section shall not be used to obtain any other interest in real property or mobile classroom units. If a student attends a laboratory school, the local school administrative unit in which the child resides shall transfer to the laboratory school an amount equal to the per pupil share of the local current expense fund of the local school administrative unit for the fiscal year. The per pupil share of the local current expense fund shall be transferred to the laboratory school within 30 days of the receipt of monies into the local current expense fund. The local school administrative unit and laboratory school may use the process for mediation of differences provided in G.S. 115C-218.95(d) to resolve differences on calculation and transference of the per pupil share of the local current expense fund. The amount transferred under this subsection that consists of revenue derived from supplemental taxes shall be transferred only to a laboratory school located in the tax district for which these taxes are levied and in which the student resides. The local school administrative unit shall also provide each laboratory school to which it transfers a per pupil share of its local current expense fund with all of the following information within the 30-day time period provided in subsection (d) of this section: The total amount of monies the local school administrative unit has in each of the funds listed in G.S. 115C-426(c). The student membership numbers used to calculate the per pupil share of the local current expense fund. How the per pupil share of the local current expense fund was calculated. Any additional records requested by a laboratory school from the local school administrative unit in order for the laboratory school to audit and verify the calculation and transfer of the per pupil share of the local current expense fund. Prior to commencing an action under subsection (d) of this section, the complaining party shall give the other party 15 days' written notice of the alleged violation. The court shall award the prevailing party reasonable attorneys' fees and costs incurred in an action under subsection (d) of this section. The court shall order any delinquent funds, costs, fees, and interest to be paid in equal monthly installments and shall establish a time for payment in full that shall be no later than one year from the entry of any judgment. A laboratory school may request appropriations directly from a city, as authorized by G.S. 160A-700. History (2016-94, s. 11.6(a); 2016-123, s. 4.5; 2017-117, s. 1; 2018-5, s. 38.8(h); 2020-56, s. 2(e).) Editor's Note. - Session Laws 2018-5, s. 38.8(i), made subsection (g) of this section, as added by Session Laws 2018-5, s. 38.8(h), effective July 1, 2018, and applicable to revenues derived from taxes levied on or after that date. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2020-56, s. 2(i), made the amendment of subdivision (a)(1) of this section by Session Laws 2020-56, s. 2(e), effective June 30, 2020, and applicable to leases and agreements entered into on or after that date and beginning with the 2021-2022 school year and subsequent school years. The amendment of subdivision (a)(1) by Session Laws 2020-56, s. 2(e), shall not apply to or alter existing leases, contracts, or agreements without the consent of all parties to the lease, contract, or agreement. Session Laws 2020-56, s. 2(i), further provides: "Notwithstanding subsection (e) of this section [Session Laws 2020-56, s. 2(e)], if an existing lease, contract, or agreement includes transportation services, the local school administrative unit providing those services shall provide a copy of the lease, contract, or agreement to the Department of Public Instruction, and the Department shall not transfer the transportation allotment to the laboratory school until the existing lease, contract, or agreement expires or is mutually modified by all parties." Effect of Amendments. - Session Laws 2016-123, s. 4.5, effective July 1, 2016, in subsection (1), added "and for the allocation for transportation services" at the end and made a stylistic change. Session Laws 2017-117, s. 1, effective July 18, 2017, substituted "laboratory" for "lab" throughout the section. Session Laws 2018-5, s. 38.8(h), added subsection (g). For effective date and applicability, see editor's note. Session Laws 2020-56, s. 2(e), at the end of subdivision (a)(1), deleted "and for the allocation for transportation services" and made minor stylistic changes. For effective date and applicability, see editor's note.