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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