(1) (a) An administrative unit of residence may
contract with another administrative unit or an approved facility school to provide a
special education program for a child with a disability. An administrative unit may
purchase services from one or more administrative units where an appropriate
special education program exists. The two administrative units shall negotiate a
contract, including but not limited to the cost of the special education program,
that need not be approved by the department.
(b) An administrative unit may contract for special education services with
an approved facility school pursuant to rules promulgated by the state board.
(2) (a) When a child with a disability is publicly placed in an approved facility
school, the approved facility school shall document to the department a list of
costs of providing the special education program and the applicable revenues.
Notwithstanding any provision of section 22-32-115 to the contrary, the tuition
charge for educating a child with a disability in an approved facility school shall be
established by the department and approved by the state board. The tuition charge
shall be the maximum amount the school district of residence shall be obligated to
pay for the special education program; except that the school district of residence
may pay a higher tuition charge than the charge established and approved pursuant
to this subsection (2) for a student in need of specialized services, which services
were included in the student's IEP but were not included in the tuition charge
established pursuant to this subsection (2).
(b) The state board shall promulgate rules to define the contract approval
process and the method for determining the tuition rate that a school district of
residence of a child with a disability shall pay as tuition to educate that child at an
approved facility school. The rules for determining a tuition rate must include, but
need not be limited to, the limitations on the number of staff members per number
of students, the number of school days, all special education expenditures as
defined in section 22-20-103 (22.7) and specified by the child's IEP, other education
costs, and applicable revenues associated with the approved facility school's
educational program. The rules may not require that, in calculating the amount of
the tuition charge for educating a child with a disability in an approved facility
school, the costs incurred by the approved facility school in providing the special
education program be reduced by the amount of revenues, if any, received by the
approved facility school as donations or special education grants. The school
district of residence is responsible for paying as tuition any excess costs above the
amount the department pays to provide these services pursuant to section 22-54-129.
(c) In addition to any other tuition costs that a school district of residence is
required to pay pursuant to this section, the school district may pay those costs
documented to and approved by the department pursuant to this subsection (2).
Notwithstanding the provisions of this subsection (2), a school district of residence
shall not be required to pay costs incurred by an approved facility school in
providing educational services at the approved facility school during the months of
June, July, or August.
(2.5) (a) When a child with a disability is placed out of the home in a group
home and attends school in an administrative unit other than the child's
administrative unit of residence and the school does not provide the child with an
online program or online school pursuant to article 30.7 of this title, the district of
residence shall be responsible for paying the tuition charge for educating the child
to the administrative unit of attendance.
(b) The administrative unit of attendance shall not charge the district of
residence tuition for the excess costs incurred in educating a child with a disability
unless the child meets the criteria for funding pursuant to section 22-20-114
(1)(c)(II).
(c) The administrative unit of attendance shall provide notice to the
administrative unit of residence and to the district of residence, if it is not an
administrative unit, in accordance with the rules adopted pursuant to paragraph (b)
of subsection (2) of this section when a child with a disability applies to enroll in a
school of the district of attendance. The notice shall be in writing and shall also be
sent to the special education directors for the administrative units of residence and
of attendance. If the administrative unit of attendance does not intend to seek
tuition costs, notification is not required. The state board shall adopt rules to
specify the content, manner, and timing of the notice required pursuant to this
paragraph (c).
(d) The amount of the tuition charge shall be determined pursuant to a
contract entered into by the administrative unit of attendance, the district of
attendance if it is not an administrative unit, the administrative unit of residence,
and the district of residence if it is not an administrative unit.
(3) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1489, � 17,
effective August 10, 2011.)
(4) (a) When a child with a disability enrolls and attends a school in an
administrative unit other than the child's administrative unit of residence pursuant
to the provisions of section 22-36-101, and the school does not provide the child an
online program or online school pursuant to article 30.7 of this title, the district of
residence shall be responsible for paying the tuition charge for educating the child
to the administrative unit of attendance.
(b) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1489, � 17,
effective August 10, 2011.)
(c) The administrative unit of attendance shall not charge the district of
residence tuition for the excess costs incurred in educating a child with a disability
unless the child meets the criteria for funding pursuant to section 22-20-114
(1)(c)(II).
(d) The administrative unit of attendance shall provide notice to the
administrative unit of residence and to the district of residence, if it is not an
administrative unit, in accordance with the rules adopted pursuant to this
paragraph (d) when a child with a disability applies to enroll in a school of the
district of attendance. The notice shall be in writing and shall also be sent to the
special education directors for the administrative units of residence and of
attendance. If the administrative unit of attendance does not intend to seek tuition
costs, notification is not required. The state board shall adopt rules to specify the
content, manner, and timing of the notice required pursuant to this paragraph (d).
(e) The amount of the tuition charge shall be determined pursuant to a
contract entered into by the administrative unit of attendance, the district of
attendance if it is not an administrative unit, the administrative unit of residence,
and the district of residence if it is not an administrative unit. Under the
circumstances described in this subsection (4), the provisions of section 22-20-108
(8) shall not apply.
(5) (a) When a child with a disability enrolls in and attends a district charter
school pursuant to the provisions of part 1 of article 30.5 of this title or an institute
charter school pursuant to part 5 of article 30.5 of this title, including a district or
institute charter school that provides an online program or operates as an online
school pursuant to article 30.7 of this title, the district of residence shall be
responsible for paying to the district or institute charter school the tuition charge
for the excess costs incurred in educating the child.
(b) Nothing in this subsection (5) shall be construed to apply to the charter
contract entered into between a charter school and the chartering local board of
education pursuant to part 1 of article 30.5 of this title or to allow a charter school
to seek tuition costs from its chartering authority.
(c) The district or institute charter school shall not charge the district of
residence tuition for the excess costs incurred in educating a child with a disability
unless the child meets the criteria for funding pursuant to section 22-20-114
(1)(c)(II).
(d) The district or institute charter school shall provide notice to the
administrative unit of residence, the district of residence if it is not an
administrative unit, and the administrative unit of attendance in accordance with
state board rules adopted pursuant to subsection (7) of this section when a child
with a disability applies to enroll in the district or institute charter school. The
notice shall be in writing and shall be sent to the special education directors for the
administrative units of residence and of attendance. If the district or institute
charter school does not intend to seek tuition costs, no notification is required.
(e) The amount of the tuition charged shall be determined pursuant to rules
adopted by the state board pursuant to subsection (7) of this section. The tuition
responsibility shall be reflected in a contract between the charter school, the
administrative unit of residence, the district of residence if it is not an
administrative unit, the administrative unit of attendance including the state
charter school institute, and the chartering school district if it is not an
administrative unit. The contract shall be in a form approved by the chartering
entity. Under the circumstances described in this subsection (5), the provisions of
section 22-20-108 (8) shall not apply.
(5.5) (a) Notwithstanding the provisions of subsection (5) of this section, if a
child with a disability enrolls in a district or institute charter school that participates
in an alternative administrative unit, the alternative administrative unit is deemed
the administrative unit of residence and of attendance so long as the child is
enrolled in the alternative administrative unit. If the parents of a child with a
disability remove the child from enrollment in the alternative administrative unit
after the annual count date to determine state funding for children with disabilities,
the alternative administrative unit continues to be deemed the administrative unit
of residence for that child for the remainder of the school year and may be required
to pay the tuition charge for excess costs to the administrative unit of attendance
that enrolls the child for the remainder of the school year.
(b) (I) If a child with a disability who is enrolled in an alternative
administrative unit is placed by an IEP team in an approved facility school or other
private setting for special education purposes, the child with a disability continues
to be enrolled in the alternative administrative unit until:
(A) The parents of the child with a disability initiate a change in enrollment
that results in the child with a disability attending a school affiliated with a
different administrative unit;
(B) The child with a disability is no longer enrolled in the school of the
alternative administrative unit because the child with a disability is no longer
entitled by age to continue in the school of the alternative administrative unit,
unless the child with a disability has reached the age of eighteen and qualifies for
transition services and is enrolled in a school that offers high school;
(C) The child with a disability is no longer enrolled in the school of the
alternative administrative unit because the child with a disability is home-schooled
or enrolled in a private school for general education purposes; or
(D) The placement of the child with a disability in an approved facility school
or other private setting for special education purposes ends and, subsequently, the
enrollment of the child with a disability in the alternative administrative unit ends
for any reason permitted by law.
(II) Nothing in this subsection (5.5)(b) modifies subsection (5.5)(a) of this
section.
(c) The alternative administrative unit in which a district or institute charter
school participates shall not charge the district of residence tuition for the excess
costs incurred in educating a child with a disability unless the child is placed by a
multidisciplinary team pursuant to section 22-20-108 (4) in the alternative
administrative unit and the child meets the criteria for funding pursuant to section
22-20-114 (1)(c)(II).
(d) If the alternative administrative unit charges tuition as allowed in
subsection (5.5)(c) of this section, the amount of the tuition charged must be
determined pursuant to rules adopted by the state board pursuant to subsection (7)
of this section. The tuition responsibility must be reflected in a contract between
the district or institute charter school, the district of residence, and the alternative
administrative unit in which the district or institute charter school participates. The
contract must be in a form approved by the alternative administrative unit in which
the district or institute charter school participates. Under the circumstances
described in this subsection (5.5), section 22-20-108 (8) does not apply.
(e) As used in this subsection (5.5), alternative administrative unit has the
same meaning as provided in section 22-30.5-103.
(6) (a) When a child with a disability enrolls in and attends an online program
or online school pursuant to article 30.7 of this title that is not provided by a district
or institute charter school, the district of residence shall be responsible for paying
to the provider of the online program or online school the tuition charge for the
excess costs incurred in educating the child.
(b) The provider of the online program or online school shall not charge the
district of residence tuition for the excess costs incurred in educating a child with a
disability who receives educational services from the provider of the online program
or online school unless the child meets the criteria for funding pursuant to section
22-20-114 (1)(c)(II).
(c) The online provider shall provide notice to the administrative unit of
attendance, the administrative unit of residence, and the district of residence if it is
not an administrative unit, in accordance with state board rules adopted pursuant to
subsection (7) of this section when a child with a disability applies to enroll in the
online program or online school. The notice shall be in writing and shall also be sent
to the special education directors for the administrative units of residence and of
attendance. If the online provider does not intend to seek tuition costs, notification
is not required.
(d) The amount of the tuition charge shall be determined pursuant to rules
adopted by the state board pursuant to subsection (7) of this section. The tuition
responsibility shall be reflected in a contract entered into by the administrative unit
of residence, the district of residence if it is not an administrative unit, the
administrative unit of attendance, and the district of attendance if it is not an
administrative unit. Under the circumstances described in this subsection (6), the
provisions of section 22-20-108 (8) shall not apply.
(7) For the 2004-05 budget year and budget years thereafter, the state
board shall promulgate rules pertaining to the education of children with
disabilities in charter schools and rules pertaining to the education of children with
disabilities through online programs and online schools. Both sets of rules shall
include, but need not be limited to, rules to:
(a) Specify the content, manner, and timing of the notice that a charter
school or online provider shall provide pursuant to subsections (5) and (6) of this
section, respectively;
(b) Define the types and amounts of allowable costs in excess of the per
pupil funding for the child with a disability, as determined pursuant to article 54 of
this title, and any other state and federal revenues received for educating the child,
that a charter school, online program, or online school may charge as tuition to a
district of residence;
(c) Define other applicable revenues that a district of residence of a child
with a disability shall apply in paying the tuition charge for excess costs incurred in
educating the child at a charter school or through an online program or online
school;
(d) Specify the limitations on the number of staff members per number of
students that a charter school, online program, or online school shall provide in
educating children with disabilities;
(e) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1489, � 17,
effective August 10, 2011.)
(f) and (g) (Deleted by amendment, L. 2006, p. 332, � 9, effective August 7,
2006.)
(h) Identify any other expenses involved in the provision of educational
services to children with disabilities in accordance with each child's individualized
education program;
(i) Establish a dispute resolution process for disagreements resulting from
contracts entered into pursuant to subsection (5) or (6) of this section; and
(j) Specify elements to be included in a contract between entities described
in subsection (5) of this section.
(8) Repealed.