The Department has received several requests from school administrative units for guidance regarding the interpretation of PL 2017 Chapter 284, Section JJJJJJJ. The Department offers this guidance with the caveats that 1) Differing legal interpretations may be put forth and in those instances, we would recommend consulting your school unit’s legal counsel and 2) this guidance applies to the fiscal year 2017-2018 only; no analysis has yet begun regarding the application of this section of statute to fiscal year 2018-2019.
The Department offers guidance on the following scenarios for fiscal year 2017-2018:
Scenario 1: The school administrative unit has passed a budget through all applicable stages and the budget did not include a warrant article to provide the school board with authority to use any additional state funds received. Under this scenario, Section JJJJJJJ-4 would apply and provide 50% of the increase in subsidy to reduce the school administrative unit’s required local contribution. For combined school administrative units (RSU, SAD or CSD), the Department’s suggested distribution of the 50% subsidy increase, based on the statutory language, is posted at the link below. For combined school units with a Private & Special Law that amends the required local share calculation under 20-A § 15688, the Department suggests utilizing the required local contribution percentages as calculated under that Private & Special Law.
Scenario 2: The school administrative unit has passed a budget through all applicable stages and the budget did include a warrant article providing the school board with the authority to use any additional state funds received. Under this scenario, Section JJJJJJJ-5 applies and the school administrative unit may utilize the increase in subsidy as permitted under the approved article.
Scenario 3: The school administrative unit has not passed a budget. This school administrative unit would present budget calculations which reflect the required local share and state subsidy amounts as displayed on the ED 279 dated July 12, 2017. Section JJJJJJJ-5 would not apply as tax relief is provided via the reduction of the required mill expectation in the enacted ED 279.