AGO 1966 NO. 77 >
Under § 1, chapter 162, Laws of 1965, Ex. Sess., the legislature has vested the state superintendent of public instruction with the discretionary authority to accelerate, upon petition of a school district, the distribution to it of appropriated state funds not to exceed five percent of the total amount to become due and apportionable to the petitioning district during its fiscal year, if he finds: (1) The emergency situation described in the petition of the district warrants such an advance distribution; and (2) funds are available with which to make the advance distribution.