§ 15.1-32-18 — Cost - Liability of school district for special education and other high-cost services

services.
1. Each year the superintendent of public instruction shall identify the approximately one
percent of students with a disability and students with a significant medical condition
statewide who are not eligible for cost reimbursement under section 15.1-29-14 and
who require the greatest school district expenditures to provide them with education
and services, including special education and related services. This percentage
represents the number of students that would qualify for excess cost reimbursement
beyond the multiplier that is established in subsection 3.
2. The excess costs of providing services to these students are the responsibility of the
state and the superintendent of public instruction shall reimburse the school districts
for any excess costs incurred in the provision of the services to the identified students.
3. "Excess costs" are those that exceed four times the state average cost of education
per student and which are incurred by the students identified in subsection 1.
4. All costs of providing services to those students identified in subsection 1, other than
excess costs reimbursed by the state, are the responsibility of the student's school
district of residence.
5. In addition to any other reimbursements provided under this section, if a school district
expends more than two percent of its annual budget for the provision of education and
services to one student with a disability or significant medical condition, the district
shall notify the superintendent of public instruction. Upon verification, the
superintendent shall reimburse the district for the difference between:
a. Two percent of the district's annual budget; and
b. The lesser of:
(1) The amount actually expended by the district for the provision of special
education and related services to that student; or
(2) The amount representing four times the state average cost of education per
student.