(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.
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