Text: HF02341 Text: HF02343 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 257.31, Code Supplement 1997, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 18. a. The committee shall establish an
1 4 appeal reimbursement fund. There shall be appropriated
1 5 annually from the general fund of the state to the committee
1 6 an amount sufficient to establish and administer the fund.
1 7 The purpose of the appeal reimbursement fund shall be to
1 8 provide reimbursement to local school districts which are a
1 9 party to a civil action in which an appeal has been filed of
1 10 up to fifty percent of the fees and costs associated with the
1 11 commencement, prosecution, or defense of the action.
1 12 b. A school district may apply to the school budget review
1 13 committee for reimbursement from the fund after fees and costs
1 14 resulting from the commencement, prosecution, or defense of an
1 15 action have been assessed against the school district by the
1 16 court. The determination as to whether, and to what extent, a
1 17 school district shall receive a distribution from the appeal
1 18 reimbursement fund shall be in the discretion of the school
1 19 budget review committee, based on the circumstances of the
1 20 case and the extent to which the committee determines that the
1 21 position of the school district in the prosecution or defense
1 22 of an action on appeal was justified. In making this
1 23 determination, the committee shall primarily evaluate the
1 24 merits of the school district's case, rather than the
1 25 probability of a favorable outcome on the school district's
1 26 behalf.
1 27 c. A school district may also submit a request for a
1 28 preliminary determination by the school budget review
1 29 committee of the merits of a prospective appeal, prior to
1 30 making a decision regarding whether or not to proceed with the
1 31 appeal. A preliminary determination by the committee that the
1 32 position of the school district appears justified may be
1 33 utilized by a school district as one factor in assessing
1 34 whether or not to proceed with an appeal, but shall not
1 35 guarantee a distribution from the appeal reimbursement fund.
2 1 d. The school budget review committee shall establish
2 2 appeal reimbursement fund application forms and procedures by
2 3 rule. The committee shall include information regarding
2 4 applications to and distributions from the appeal
2 5 reimbursement fund in its annual report to the general
2 6 assembly pursuant to section 257.31, subsection 2.
2 7 EXPLANATION
2 8 This bill provides for the establishment of an appeal
2 9 reimbursement fund by the school budget review committee and
2 10 appropriates an amount annually to maintain and administer the
2 11 fund. The purpose of the appeal reimbursement fund shall be
2 12 to provide reimbursement to local school districts which are a
2 13 party to a civil action in which an appeal has been filed of
2 14 up to 50 percent of the fees and costs associated with the
2 15 commencement, prosecution, or defense of the action.
2 16 The bill provides that a school district may apply to the
2 17 school budget review committee for reimbursement after fees
2 18 and costs have been assessed against the school district by
2 19 the court. The determination as to whether, and to what
2 20 extent, a distribution shall be received shall be
2 21 discretionary with the school budget review committee, based
2 22 on the circumstances of the case and the extent to which the
2 23 committee determines that the position of the school district
2 24 in the prosecution or defense of an action on appeal was
2 25 justified. The bill provides that a school district may also
2 26 submit a request for a preliminary, nonbinding determination
2 27 by the school budget review committee of the merits of a
2 28 prospective appeal.
2 29 The bill additionally provides that the school budget
2 30 review committee shall establish application procedures by
2 31 rule, and shall include information regarding applications to
2 32 and distributions from the appeal reimbursement fund in its
2 33 annual report to the general assembly.
2 34 LSB 4115YH 77
2 35 rn/cf/24
Text: HF02341 Text: HF02343 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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