§ 16-24-6 - Special education fund – Allocations to communities.
SECTION 16-24-6
§ 16-24-6 Special education fund –Allocations to communities. – (a) The state shall make available to the communities a special education fundto be appropriated annually for allocation to the communities for noncapitalexpenses for special education of children with disabilities in accordance withthe regulations of the board of regents for elementary and secondary education.The cost of special education, including evaluation, support services, andtraining, including the cost of special education personnel, materials andequipment, tuition, transportation, rent, and contractual services, of thechildren in the program continuum placements provided under § 16-24-2shall 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 schoolyear preceding; provided, however, that the amount of the payment for specialeducation pupils in each of the particular program placements shall not exceedone hundred and ten percent (110%) of the state median for special educationpupils in that same placement. In determining the applicable state medianexpenditure for special education pupils for the purpose of this section, theboard of regents shall under § 16-24-2 differentiate between types ofprogram continuum placements on the basis of the amount of time a childrequires special programs outside of the regular classroom to meet his or herparticular needs, the ratio of personnel to pupils required for the programs,and the efficiency and economy of operating the programs. The board of regentsmay distribute the payments through the cooperative service arrangementsprovided for under chapter 3.1 of this title. The payments shall be made onlyafter approval and certification by the board of regents that the payments aremade pursuant to this section, that cost of special education has beendetermined and reported in accordance with the standard accounting andreporting procedures provided for in subdivision (3) of § 16-24-2, andthat the program placements have met the regulations and requirementsprescribed by the board of regents. The auditor general shall audit thesepayments and report, in writing, any exceptions to the board of regents and tothe joint committee on legislative services.
(b) The commissioner of elementary and secondary educationshall make a continuous evaluation of the operation of this section and atleast once every three (3) years the board of regents for elementary andsecondary education shall review the findings of the commissioner and shallmake its recommendations in writing to the governor and to the general assembly.
(c) The general assembly shall appropriate to the board ofregents for elementary and secondary education out of any money in the treasurynot otherwise appropriated for each fiscal year that sum needed to carry outthe purpose of this section; provided, that for each fiscal year following1987-1988, the total appropriation for this purpose shall not be less thaneight percent (8%) over the appropriation for the preceding fiscal year. Foreach fiscal year commencing 1992-1993, the total appropriation for this purposeshall not be less than one hundred percent (100%) of the approved specialeducation excess expenditures. All entitlements except those in §16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) ofthe expenditures appropriated. The state controller is authorized and directedto draw his or her orders upon the general treasurer for the payment of the sumor so much of it as may be required from time to time upon receipt by thecontroller of properly authenticated vouchers.
(d) This chapter contemplates that expenses for specialeducation for children with disabilities will be determined in accordance withstandard accounting and reporting procedures required pursuant to §16-24-2(3), and will be separable from expenses with respect to which statefinancial support is provided in § 16-7-20; the same expenses may not becounted twice, that is, once for the purpose of § 16-7-20 and again forthe purpose of this chapter. The allocations herein are subject to review andadjustment by the auditor general on the basis of more accurate census or otherdata that may be obtained by him or her.
(e) The department of elementary and secondary educationshall deduct and retain the sum of two hundred thousand dollars ($200,000) fromthe amount appropriated under subsection (c) of this section. This sum, whichwill serve as the state match to federal funds, shall be used by the departmentof elementary and secondary education to enter into an agreement with thedivision of vocational rehabilitation to procure the services of vocationalrehabilitation counselors for special education students in the public schools,and the agreement shall be subject to the approval of the commissioner ofelementary and secondary education.