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BILL AS INTRODUCED 2007-2008

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H.12

Introduced by Representative Otterman of Topsham

Referred to Committee on

Date:

Subject:  Education; school tuition; payment correction

Statement of purpose:  This bill proposes to stipulate that when a school district is billed for and pays an incorrect tuition amount, the amount the district will receive or pay to correct the discrepancy shall be limited to five percent of the amount originally charged.

AN ACT RELATING TO REIMBURSEMENT OR PAYMENT WHEN A SCHOOL DISTRICT IS OVERcharged OR UNDERCHARGED FOR SCHOOL TUITION

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  16 V.S.A. § 823(a) is amended to read:

(a)  Tuition for elementary pupils shall be paid by the district in which the pupil is a resident.  The district shall pay the full tuition charged its students attending a public elementary school.  However, if a payment made to a public elementary school is three five percent more or less than the calculated net cost per elementary pupil in the receiving school district for the year of attendance, the district shall be reimbursed, credited, or refunded pursuant to section 836 of this title for five percent of the calculated net cost per elementary pupil in the receiving district, unless otherwise agreed to by the boards of both the receiving and sending districts.

Sec. 2.  16 V.S.A. § 824(b) is amended to read:

(b)  Except as otherwise provided for technical students, the district shall pay the full tuition charged its pupils attending a public high school in Vermont or an adjoining state, or a public or independent school in Vermont functioning as an approved area technical center, or an independent school meeting school quality standards.  However, if a payment made to a public high school or an independent school meeting school quality standards is three five percent more or less than the calculated net cost per secondary pupil in the receiving school district for the year of attendance then the district shall be reimbursed, credited, or refunded pursuant to section 836 of this title for five percent of the calculated net cost per secondary pupil in the receiving district, unless otherwise agreed to by the boards of both the receiving and sending districts or independent schools.

Sec. 3.  16 V.S.A. § 836 is amended to read:

§ 836.  TUITION OVERCHARGE OR UNDERCHARGE

(a)  Annually, on or before November 1, the commissioner shall inform each school board of a receiving public school, each board of trustees of a receiving approved independent school for which the commissioner has calculated a net cost per pupil, and each sending school district in Vermont of the calculated net cost per elementary or secondary pupil in the receiving schools.  Each school board or board of trustees of a receiving school shall then determine whether it overcharged or undercharged any sending district for tuition charges and shall notify the district by December 15 of the same year of the amount due or the amount to be refunded or credited.

(b)  If the sending district has paid tuition charges in excess of three five percent of the calculated net cost per elementary or secondary pupil and is not sending enough students to the receiving school to use the overcharge funds five percent of the calculated net cost per elementary or secondary pupil as credit against tuition, the school board or board of trustees of the receiving school shall refund the overcharge money by July 31.  However, interest owed the sending district on overcharge monies shall begin to accrue on December 1, at the rate of one-half percent per month.

(c)  If the receiving district has undercharged tuition in an amount three five percent or more than the calculated net cost per elementary or secondary pupil, the school board or the board of trustees of the sending school shall pay the amount of the undercharge five percent of the calculated net cost per elementary or secondary pupil.  If payment is not made by July 31 of the year following the year in which the undercharge was determined, interest owed the sending district on overcharge moneys shall begin to accrue on August 1, at the rate of one percent per month.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us