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Rule Title: ANB AND BASIC ENTITLEMENT CALCULATIONS IN ANNEXATIONS AND CONSOLIDATIONS
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Department: EDUCATION, DEPARTMENT OF
Chapter: PERMISSIVE AND VOTED AMOUNTS AND LEVIES
Subchapter: Permissive and Voted Amounts, and Levies
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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10.23.108    ANB AND BASIC ENTITLEMENT CALCULATIONS IN ANNEXATIONS AND CONSOLIDATIONS

(1) In accordance with 20-9-311 (8) , MCA, for purposes of calculating the per-ANB and basic entitlement for the first three years that a school district continues after a consolidation or annexation the following will apply:

(a) Enrollment used to calculate the budgeted ANB of the school district that remains after the consolidation or annexation will be the enrollments of the separate school districts operating in the prior year, calculated as separate budget units.

(i) The enrollment of a school in nonoperating status in the prior year will not be used in calculating ANB, since no students were enrolled.

(ii) The enrollment of a district operating a school in the previous year that is subsequently closed when the districts are consolidated or annexed will be used in calculating current ANB and three-year ANB the first year the consolidation or annexation is effective. After the first year, the closed school will be factored into ANB calculations using a zero enrollment amount in calculating three-year ANB by budget unit.

(b) The combined district will receive a separate basic entitlement for the district or districts which combined for each of the six years after the consolidation or annexation becomes effective regardless of the distance between the schools or whether schools remain in operation. That is, the number of basic entitlements for the district after consolidation or annexation will be the same as the number before consolidation or annexation during this six year period, with percentage reductions during the last three years as provided in 20-9-311 , MCA.

(i) The basic entitlement of a school in nonoperating status in the prior year will be zero.

(ii) The basic entitlement of a district operating a school in the previous year that is subsequently closed when the districts are consolidated or annexed will be calculated the first year using the enrollment for the prior year as a factor in determining the current ANB and three-year ANB for budgeting purposes. After the first year, the basic entitlement will be calculated using enrollment of zero for the closed budget unit in the calculation of current ANB or three-year ANB to determine the budgeted ANB under 20-9-311 , MCA.

(iii) The basic entitlement for a district which continues to operate a school after the districts are consolidated or annexed will be calculated using the enrollment used for budgeted ANB.

(c) All schools of the combined district are subject to the school isolation requirements of 20-9-302 and 20-9-303 , MCA. The district will provide the mandatory nonisolated levies in support of the general fund as necessary to support the increased entitlement provided by 20-9-311 (8) (a) (iv) , MCA.

(d) Trustees of a district which is entitled to receive additional entitlement under 20-9-311 (8) (a) (iv) , MCA, may forego the additional entitlement by sending a resolution to OPI by June 30.

History: 20-9-102, MCA; IMP, 20-9-308, 20-9-311, MCA; NEW, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.


 

 
MAR Notices Effective From Effective To History Notes
12/22/2006 Current History: 20-9-102, MCA; IMP, 20-9-308, 20-9-311, MCA; NEW, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.
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