§ 826 -   Notice of tuition rates; special education charges

§ 826. Notice of tuition rates; special education charges

(a) A school board, or the board of trustees of an independent school meeting school quality standards that proposes to increase tuition charges shall notify the school board of the school district from which its nonresident pupils come, and the commissioner, of the proposed increase on or before January 15 in any year; such increases shall not become effective without the notice and not until the following school year.

(b) A school board or the board of trustees of an independent school meeting school quality standards may establish a separate tuition for one or more special education programs. No such tuition shall be established unless the state board has by rule defined the program as of a type which may be funded by a separate tuition. Any such tuition shall be announced in accordance with the provisions of subsection (a) of this section. The amount of tuition shall reflect the net cost per pupil in the program. The announcement of tuition shall describe the special education services included or excluded from coverage. Tuition for part-time pupils shall be reduced proportionally.

(c) Excess special education costs incurred by a district in providing special education services beyond those covered by tuition may be charged to the pupil's district of residence. However, only actual costs or actual proportionate costs attributable to the student may be charged.

(d) The state board shall adopt rules relating to the types of special education programs which may establish tuition charges and relating to methods and times of calculating excess charges. (Added 1969, No. 298 (Adj. Sess.), § 57; amended 1987, No. 235 (Adj. Sess.), § 9; 1991, No. 24, § 12; 1995, No. 34, § 3; 2001, No. 8, § 10; 2009, No. 44, § 13, eff. May 21, 2009.)