72-965. State and federal funds; distribution and allocation; payments; adjustments; grants and contributions; early intervening services.

72-965

Chapter 72.--SCHOOLS
Article 9.--SPECIAL EDUCATION

      72-965.   State and federal funds; distribution andallocation;payments; adjustments; grants and contributions; early interveningservices.(a) The state board shall be responsible for the distribution andallocation of state and federal funds for special education. Such moneys shallbe expended only in accordance with and for the purposes specified infederal or state law. Payments under this act may be made in installmentsand in advance or by way of reimbursement, with necessary adjustments foroverpayments or underpayments. Federal funds forspecialeducation shall be deposited in the state treasury.

      (b)   The state board is hereby authorized to accept from an individual orindividuals, the United States government or any of its agencies or anyother public or private body, grants or contributions of money, funds orproperty which the state board may authorize to be used in accordance withappropriation acts, for or in aid of special education or relatedservices or any ofthe purposes authorized by the federal law or this act.

      (c) (1)   Each board may use up to 15% of the amount it receiveseachyear under the federal law to develop and implement coordinated, earlyintervening services for students in kindergarten through grade 12, with aparticular emphasis on students in kindergarten through grade 3, who havenot been identified as needing special education or related services but whoappear to need additional academic and behavioral support to succeed in ageneral education environment.

      (2)   In implementing coordinated, early intervening services under thissubsection, a board may carry out activities that include:

      (A)   Providing professional development for teachers and other school staffto enable such personnel to deliver scientifically based academicinstruction andbehavioral interventions, including scientifically based literacyinstruction and,where appropriate, instruction on the use of adaptive and instructionalsoftware; and

      (B)   providing educational and behavioral evaluations, services andsupports, including scientifically based literacy instruction.

      (3)   Each board that develops and maintains coordinated, early interveningservices under this subsection shall annually report to the department:

      (A)   The number of students served under this subsection; and

      (B)   the number of students served under this subsection who subsequentlyreceive special education and related services under this title during the2-year period preceding each report.

      History:   L. 1974, ch. 290, § 5;L. 1999, ch. 116, § 7;L. 2005, ch. 171, § 5; July 1.