Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 158.115, 1998 Ky. Acts ch. 615, Part I, subpart
87, d.
NECESSITY, FUNCTION, AND CONFORMITY: In 1998 Ky. Acts ch. 615,
Part I, subpart 87, d., funds were appropriated for nonpublic school
transportation for each fiscal year. This administrative regulation establishes
conditions and procedures for the reimbursement to fiscal courts of financial
support for the transportation of nonpublic school students.
Section 1. Application for Funds.
(1) A fiscal court that provided financial
support for the transportation of nonpublic school students in a school year
pursuant to the provisions of KRS 158.115 may apply to the Transportation
Cabinet for reimbursement of that financial support.
(2) By May 1 of a school year for which a
fiscal court has authorized the expenditure of county funds pursuant to KRS 158.115, the fiscal court shall in writing notify the Transportation Cabinet,
Office of the Secretary of its intention to apply for reimbursement. The
notification shall include:
(a) The name of
the person in the county who will serve as liaison on the
application;
(b) A resolution from
the fiscal court stating that the county provided funds in the school year for
the transportation of nonpublic school students;
(c) A detailed statement of the method by
which the funds were made available for the transportation of the nonpublic
school students;
(d)
1. A copy of each contract the fiscal court
entered into to provide the transportation services; or
2. If the fiscal court does not contract for
the provision of transportation services with a bus company or a board of
education, a copy of the legal notice requesting applications for supplementary
funds from providers of transportation of nonpublic school students;
and
(e) An estimate of
the total amount of funds to be provided.
(3) The final application to the
Transportation Cabinet shall:
(a) Be received
by the Office of the Secretary by June 30 of the applicable school
year;
(b) Include the amount of
funds provided by the county for the transportation of nonpublic school
students; and
(c) Include proof of
payment of the amount requested for reimbursement; and
(d) Include a copy of each application or
invoice for payment and the supporting documentation from the transportation
provider.
(4)
(a) The Transportation Cabinet shall:
1. Evaluate the applications received for
compliance with the requirements established by this section; and
2. Divide the funds available in each fiscal
year between applicants who comply with the requirements established by this
section as provided by paragraphs (b) and (c) of this subsection.
(b) If the application amounts
spent by the counties equal or total less than the amount appropriated by the
General Assembly for that school year, the Transportation Cabinet shall
authorize payment for each requested reimbursement amount.
(c) If the application amounts spent by the
counties exceed the amount, the Transportation Cabinet shall prorate the amount
appropriated by the General Assembly among the applicants as provided by
Section 2 of this administrative regulation.
Section 2. Proration of Appropriated Funds.
Funds shall be prorated, as required in Section 1(4)(c) of this administrative
regulation, in the following method:
(1) The
cabinet shall obtain the most recent figures at the time the application is
received, and determine the total number of:
(a) Public school students transported;
and
(b) Nonpublic school students
who are eligible for transportation.
(2) The number of nonpublic school students
in subsection (1) of this section, shall not include a student who:
(a) Attends a:
1. School on a military reservation;
or
2. School that is fully
federally funded; or
(b)
Is taught at home.
(3)
The cabinet shall determine the:
(a)
State-wide average for the annual cost of the transportation of an individual
student; and
(b) Amount of local
funds expended or budgeted for the transportation of nonpublic school
students.
(4) The
maximum amount for which a county shall be eligible to apply shall be the
lesser of the following:
(a) The sum of the
total number of students established pursuant to subsections (1) and (2) of
this section, multiplied by the sum established in subsection (3)(a) of this
section; or
(b) The total funds
actually expended by the county for transportation of nonpublic school students
during the applicable school year.
(5) If it is necessary to prorate the
appropriation for a specific fiscal year, the funds for each eligible applicant
county shall be the sum of the funds appropriated by the General Assembly for
that school year, multiplied by the county's application amount established by
subsection (4) of this section, divided by the total number of eligible
applications received.
STATUTORY AUTHORITY: 1998 Ky. Acts ch. 615, Part I, subpart
87, d.