§ 16-24-6. Special education fund — Allocations to communities.
(a) The state shall make available to the communities a special education fund to be appropriated
annually for allocation to the communities for noncapital expenses for special education
of children with disabilities in accordance with the regulations of the board of regents
for elementary and secondary education. The cost of special education, including evaluation,
support services, and training, including the cost of special education personnel,
materials and equipment, tuition, transportation, rent, and contractual services,
of the children in the program continuum placements provided under § 16-24-2 shall be paid by the state to the city or town at the same times provided in § 16-7-17 based on the financial and census data for the second school year preceding; provided,
however, that the amount of the payment for special education pupils in each of the
particular program placements shall not exceed one hundred and ten percent (110%)
of the state median for special education pupils in that same placement. In determining
the applicable state median expenditure for special education pupils for the purpose
of this section, the board of regents shall under § 16-24-2 differentiate between types of program continuum placements on the basis of the amount
of time a child requires special programs outside of the regular classroom to meet
his or her particular needs, the ratio of personnel to pupils required for the programs,
and the efficiency and economy of operating the programs. The board of regents may
distribute the payments through the cooperative service arrangements provided for
under chapter 3.1 of this title. The payments shall be made only after approval and
certification by the board of regents that the payments are made pursuant to this
section, that cost of special education has been determined and reported in accordance
with the standard accounting and reporting procedures provided for in subdivision
(3) of § 16-24-2, and that the program placements have met the regulations and requirements prescribed
by the board of regents. The auditor general shall audit these payments and report,
in writing, any exceptions to the board of regents and to the joint committee on legislative
services.
(b) The commissioner of elementary and secondary education shall make a continuous evaluation
of the operation of this section and at least once every three (3) years the board
of regents for elementary and secondary education shall review the findings of the
commissioner and shall make its recommendations in writing to the governor and to
the general assembly.
(c) The general assembly shall appropriate to the board of regents for elementary and
secondary education out of any money in the treasury not otherwise appropriated for
each fiscal year that sum needed to carry out the purpose of this section; provided,
that for each fiscal year following 1987-1988, the total appropriation for this purpose
shall not be less than eight percent (8%) over the appropriation for the preceding
fiscal year. For each fiscal year commencing 1992-1993, the total appropriation for
this purpose shall not be less than one hundred percent (100%) of the approved special
education excess expenditures. All entitlements except those in § 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures
appropriated. The state controller is authorized and directed to draw his or her orders
upon the general treasurer for the payment of the sum or so much of it as may be required
from time to time upon receipt by the controller of properly authenticated vouchers.
(d) This chapter contemplates that expenses for special education for children with disabilities
will be determined in accordance with standard accounting and reporting procedures
required pursuant to § 16-24-2(3), and will be separable from expenses with respect to which state financial support
is provided in § 16-7-20; the same expenses may not be counted twice, that is, once for the purpose of § 16-7-20 and again for the purpose of this chapter. The allocations herein are subject to
review and adjustment by the auditor general on the basis of more accurate census
or other data that may be obtained by him or her.
(e) The department of elementary and secondary education shall deduct and retain the sum
of two hundred thousand dollars ($200,000) from the amount appropriated under subsection
(c) of this section. This sum, which will serve as the state match to federal funds,
shall be used by the department of elementary and secondary education to enter into
an agreement with the division of vocational rehabilitation to procure the services
of vocational rehabilitation counselors for special education students in the public
schools, and the agreement shall be subject to the approval of the commissioner of
elementary and secondary education.