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Subchapter 001: GENERAL PROVISIONS
§ 2941. Policy and purpose
It is the policy of the State to ensure equal educational opportunities for all children
in Vermont. This means that children with disabilities are entitled to receive a free
appropriate public education. The purpose of this chapter is to enable the Agency
to ensure the provision of special education services and supports in accordance with
individualized education programs necessary to meet the needs of children with disabilities. (Amended 1965, No. 152, § 1; 1987, No. 235 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 29a, eff. July 1, 1998; 2013, No. 92 (Adj. Sess.), § 195, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 2942. Definitions
As used in this chapter
(1) “Child with a disability” means any child in Vermont eligible under State rules to
receive special education.
(2) “Special education” means, to the extent required by federal law, specially designed
instruction, at no cost to parents or guardian, to meet the unique educational needs
of a child with a disability, including classroom instruction, instruction in physical
education, home instruction, and instruction in hospitals and institutions. The term
includes “related services” as defined in federal law.
(3) “Essential early education” means the education of children with disabilities prior
to legal school age for the early acquisition of fundamental skills.
(4) “Federal law” means the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485, and its implementing regulations, as amended from time to time.
(5) “Residential placement” means the placement of an eligible child, as part of an individualized
education program, in a 24-hour residential facility within or outside Vermont that
provides educational services consistent with the child’s program.
(6) “Individualized education program” means a program established for an eligible child
pursuant to 20 U.S.C. § 1401(19) and the implementing federal regulations and State rules.
(7) “Unilateral placement” means a placement of a child eligible for special education
by a person or persons having legal custody of the child in an educational placement
other than one recommended by the child’s duly constituted individualized education
program team as defined in 20 U.S.C. § 1401(19).
(8) A “student who requires additional support” means a student:
(A) who is on an individualized education program;
(B) who is on a section 504 plan under the Rehabilitation Act of 1973, 29 U.S.C. § 794;
(C) who is not on an individualized education program or section 504 plan but whose ability
to learn is negatively impacted by a disability or by social, emotional, or behavioral
needs, or whose ability to learn is negatively impacted because the student is otherwise
at risk;
(D) for whom English is not the primary language; or
(E) who reads below grade level. (Amended 1965, No. 152, § 2; 1971, No. 207 (Adj. Sess.), § 1; 1987, No. 235 (Adj. Sess.), § 3; 1989, No. 107, § 1; 1995, No. 157 (Adj. Sess.), § 22; 1999, No. 117 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 196, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 78; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 131 (Adj. Sess.), § 109.)
§ 2943. Secretary of Education for children with disabilities; powers
The Secretary of Education, by virtue of the office, shall be Secretary of Education
for children with disabilities and shall superintend all matters relating to the essential
early education and special education of children with disabilities. In addition,
the Secretary, in coordination with the Department of Mental Health, the Department
of Disabilities, Aging, and Independent Living, and the Department for Children and
Families, shall ensure that appropriate educational services are provided to children
and adolescents with a severe emotional disturbance in accordance with the provisions
of 33 V.S.A. chapter 43 and may accept gifts, grants, or other donations to carry
out the purpose of this chapter. (Amended 1987, No. 235 (Adj. Sess.), § 4; 1987, No. 264 (Adj. Sess.), § 5; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 157 (Adj. Sess.), § 22; 2011, No. 58, § 13, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 197, eff. Feb. 14, 2014.)
§ 2944. Special education
(a)-(c) [Repealed.]
(d) The Secretary with the advice of the State Board may make grants for programs and
may make grants, subject to conditions the Secretary shall establish, to persons whom
he or she finds qualified for either part-time or full-time study in programs designed
to qualify them as special education personnel.
(e) Within the limits of the funds made available for the purposes of this chapter, the
Secretary may provide for the extension of special education to a person with a disability,
having attained the age of 21, in order to complete a program of special education
in which the person has participated. Reimbursement and State aid provisions of this
chapter shall apply to individuals provided education under this subsection.
(f) The State Board of Education shall, by rule, require that whenever an individual education
program requires related services, the program shall include a statement that the
team has made the determination that the services are necessary consistent with the
requirements of 34 C.F.R. § 300.16, as amended from time to time.
(g) Any public or approved independent secondary school receiving State education funds
shall allow an enrolled student to choose to participate in the graduation ceremony
and senior year activities of the student’s peers if:
(1) the student is receiving specialized instruction or services, from or through the
school, described in an individualized education program (“IEP”) or a Section 504
plan;
(2) under the IEP or Section 504 plan, the student will need to remain enrolled in the
school after that graduation ceremony in order to complete his or her secondary education,
including special education and transition services; and
(3) the student, as a result of his or her disability or impairment, needs to remain enrolled
in the school after that graduation ceremony in order to complete his or her secondary
education.
(h) A school shall not be required to permit a student to participate in a graduation
ceremony or senior year activities pursuant to subsection (g) of this section if the
student has not met graduation requirements for reasons that are wholly unrelated
to the student’s disability.
(i) A student who participates in a graduation ceremony pursuant to subsection (g) of
this section shall not receive a diploma as part of that ceremony, but shall receive
a certificate of recognition in a form determined by the school. If on an IEP, the
student shall receive a regular high school diploma upon satisfactory completion of
all necessary graduation requirements and at a time determined by the IEP team. If
on a Section 504 plan, the student shall receive a regular high school diploma upon
satisfactory completion of all necessary graduation requirements. Unless a school
determines otherwise, a student may participate in no more than one graduation ceremony.
(j) A student’s participation in a graduation ceremony pursuant to subsection (g) of this
section shall not affect or limit the student’s eligibility for special education
services, related services, transition services, or Section 504 services following
the ceremony. (Amended 1967, No. 73, § 1; 1969, No. 172 (Adj. Sess.), § 1; 1971, No. 207 (Adj. Sess.), § 2; 1977, No. 14; 1977, No. 194 (Adj. Sess.), §§ 2, 3; 1987, No. 235 (Adj. Sess.), § 11(1)-(3); 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 10, eff. June 26, 1997; 2009, No. 153 (Adj. Sess.), § 22, eff. June 3, 2010; 2013, No. 92 (Adj. Sess.), § 198, eff. Feb. 14, 2014.)
§ 2945. State Advisory Panel on Special Education
(a) The State Advisory Panel on Special Education (Panel) is created to provide guidance
with respect to special education and related services for children with disabilities
in the State. Members of the Panel shall be appointed by the Governor, with the advice
of the Secretary of Education. The Panel shall perform its duties, and members of
the Panel shall be appointed, in accordance with federal law. In addition to members
appointed to the Panel to satisfy the requirements under federal law, the members
of the Panel shall include a representative of each body designated by the State under
federal law as the Parent Training and Information Center and the Protection and Advocacy
System. The total number of members on the Panel shall not exceed 37 members.
(b) The Panel shall elect an executive committee from among its members. The executive
committee shall be composed of seven members of the Panel, one of whom shall be the
chair of the Panel. A majority of the members of the executive committee shall be
individuals with disabilities or parents of children with disabilities (ages birth
through 26 years of age). The executive committee shall call meetings of the Panel
and shall direct the work of the Panel.
(c) The Panel shall advise both the Agency of Education and the State Board of Education
on those matters upon which the Panel is required, under federal law, to advise the
State Education Agency.
(d) Members of the Panel shall be entitled to per diem compensation and reimbursement
of expenses as permitted under 32 V.S.A. § 1010. (Amended 1961, No. 36, eff. March 24, 1961; 1967, No. 73, § 2; 1971, No. 207 (Adj. Sess.), § 3; 1977, No. 167 (Adj. Sess.), § 1, eff. March 31, 1978; 1995, No. 157 (Adj. Sess.), §§ 10, 22; 2003, No. 36, § 16; 2011, No. 58, § 4, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 14, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 199, eff. Feb. 14, 2014; 2017, No. 49, § 33, eff. May 23, 2017; 2019, No. 97 (Adj. Sess.), § 1, eff. April 28, 2020.)
§ 2946. Repealed. 1987, No. 235 (Adj. Sess.), § 11(4).
§ 2947. Repealed. 1987, No. 235 (Adj. Sess.), § 11(5).
§ 2948. State aid
(a) For the payment of general State aid, children with disabilities shall be counted
in the same manner as children who do not have disabilities.
(b) [Repealed.]
(c) Each supervisory union shall receive an essential early education grant each school
year. Grants shall be distributed according to the estimated number of children from
three through five years of age. The State Board by rule shall encourage coordination
of services and may set other terms of the grant. Each supervisory union shall be
responsible for the remainder of the costs of providing necessary services under section 2956 of this title. Annually, for each following fiscal year, the essential early education grant shall
be increased by the most recent cumulative price index, as of November 15, for State
and local government purchases of goods and services from fiscal year 2002 through
that following fiscal year, as provided through the State’s participation in the New
England Economic Project.
(d), (e) [Repealed.]
(f) If a student is being provided education or special education or both in a school
operated by the Department of Corrections, the Department of Corrections shall serve
the student as if the Department were the school district of residence of the student.
(g) Notwithstanding any law to the contrary, a child with a disability who is residing
in a State school, hospital, or community residential facility or in a State-approved
private residential facility shall be provided special education in accordance with
this chapter by the supervisory union in which the facility is located; provided,
however, that this special education may be directly provided by the facility in which
the child resides when the child’s individualized education program and treatment
plans indicate that the facility is the most appropriate educational placement for
the child. Programs of special education provided by a facility described in this
subsection shall be subject to the approval of the Secretary.
(h)-(j) [Repealed.]
(k) For the costs of students in the custody of the Department of Corrections, the Secretary
of Education shall pay for the costs of special education in accordance with the provisions
of 28 V.S.A. § 120.
(l) [Repealed.]
(m) All other State aid to supervisory unions shall be set forth in subchapter 2 of this
chapter.
(n) If a student is being provided education or special education, or both, in a school
operated by the Department for Children and Families, the funding and provision of
services shall be the responsibility of the Department for Children and Families and
special education procedural responsibility shall be the responsibility of the supervisory
union for the school district of residence of the student’s parent, parents, or guardian. (Amended 1961, No. 83; 1969, No. 172 (Adj. Sess.), § 2; 1971, No. 207 (Adj. Sess.), § 4; 1977, No. 194 (Adj. Sess.), §§ 4, 5; 1981, No. 170 (Adj. Sess.), § 6a, eff. April 19, 1982; 1987, No. 235 (Adj. Sess.), §§ 5, 11(6); 1989, No. 107, §§ 2, 3, 12; 1989, No. 230 (Adj. Sess.), § 13, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 6, eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), §§ 22, 30(a)(5), (c); 2001, No. 63, § 170c; 2005, No. 182 (Adj. Sess.), § 7; 2011, No. 58, §§ 14, 15, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 200, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
§ 2949. Reciprocal agreements with other states
The State Board of Education, with the approval of the Attorney General, is authorized
to enter into reciprocal agreements with the boards of education in other states to
share in the expense of securing the services of specialists or persons skilled in
the education of children with disabilities. (Amended 1995, No. 157 (Adj. Sess.), § 22; 2015, No. 148 (Adj. Sess.), § 1.)
§ 2950. State-placed students
(a) Supervisory union reimbursement. The supervisory union in which there is a school district responsible for educating
a State-placed student under section 1075 of this title may claim and the Secretary shall reimburse 100 percent of all special education
costs for the student, including costs for mainstream services. As a condition of
receiving this reimbursement, the supervisory union shall provide documentation in
support of its claim, sufficient to enable the Secretary to determine whether to recommend
appropriate cost-saving alternatives. The Secretary may approve any costs incurred
in educating a State-placed student who is not eligible for special education that
are incurred due to the special needs of the student, and, if approved, the Secretary
shall pay those costs. When a State agency places and registers a student in a new
district, the district and the supervisory union of which it is a member may request
and the Agency of Education or the agency that placed the student, or both, shall
provide prompt consultative and technical assistance to the receiving district and
the supervisory union.
(b) Residential payments.
(1) For a student in the care and custody of the Commissioner for Children and Families
who is placed in a 24-hour residential facility within or outside Vermont, the Secretary
of Education shall pay the education costs, and the Commissioner for Children and
Families shall arrange for the payment of the remainder of the costs. However, if
the State interagency team, as defined in 33 V.S.A. § 4302, finds such placement inappropriate for the student’s education needs, then the Secretary
of Education shall pay none of the education costs of the placement and the Commissioner
for Children and Families shall arrange for the payment of the full cost of the placement.
(2) For a student who is placed in a 24-hour residential facility within or outside Vermont
by a Vermont licensed child placement agency, a designated community mental health
agency, any other agency as defined by the Secretary of Education, or a Vermont State
agency or department other than the Department of Corrections or the Department for
Children and Families, the Secretary of Education shall pay the education costs and
the agency or department in whose care the student is placed shall arrange for the
payment of the remainder of the costs. However, if the State interagency team, as
defined in 33 V.S.A. § 4302, finds such placement inappropriate for the student’s education needs, then the Secretary
shall pay none of the education costs of the placement and the agency or department
in whose care the student is placed shall arrange for payment of the full cost of
the placement. This subdivision does not apply to a student for whom a residential
placement is:
(A) specified in the student’s individualized education program; and
(B) funded in collaboration with another agency.
(c) Out-of-state placement. For a State-placed student who is placed outside Vermont and who is attending a public
school outside Vermont, the Secretary of Education shall pay the education costs for
the student. (Added 1995, No. 157 (Adj. Sess.), § 11; amended 1995, No. 157 (Adj. Sess.), § 28, eff. July 1, 1997; 1997, No. 60, § 11, eff. June 26, 1997; 2001, No. 8, § 11; 2007, No. 82, § 23, eff. July 1, 2008; 2011, No. 58, § 16, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 201, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
§ 2951. Repealed. 1987, No. 235 (Adj. Sess.), § 11(7).
§ 2952. Repealed. 2003, No. 122 (Adj. Sess.), § 294w(4).
§ 2953. Repealed. 1987, No. 235 (Adj. Sess.), § 11(8).
§ 2954. Repealed. 1987, No. 235 (Adj. Sess.), § 11(9).
§ 2955. Confidential information
Nothing in 12 V.S.A. § 1612(a) shall apply to this chapter. (Added 1981, No. 221 (Adj. Sess.), § 2.)
§ 2956. Essential early education
After June 30, 1991, all eligible children with disabilities three through five years
of age shall have access to appropriate essential early education services. (Added 1987, No. 68, § 4; amended 1989, No. 230 (Adj. Sess.), § 11; 1995, No. 157 (Adj. Sess.), § 22.)
§ 2957. Special education administrative and judicial appeals; limitations
(a) An action against a local, intermediate, or State education agency seeking enforcement
of special education rights under State or federal law shall be commenced by an administrative
due process hearing within two years of the alleged violation or within two years
of the date the alleged violation is or reasonably should have been discovered, and
not after.
(b) Subsection (a) of this section notwithstanding, an action against a local, intermediate,
or State education agency for reimbursement of the costs of a unilateral special education
placement shall be commenced by an administrative due process hearing within 90 days
of the unilateral placement, and not after.
(c) Where the parent, legal guardian, or surrogate parent has not been given proper notice
of special education rights under State and federal law, including notice of the limitations
in this section, such limitations shall run from the time notice of those rights is
properly given.
(d) An appeal from a final administrative decision in a special education due process
hearing to a court of competent jurisdiction pursuant to 20 U.S.C. § 1415(i)(2) shall be commenced within 90 days from the notice of the final decision, and not
after.
(e) Except as provided in 20 U.S.C. § 1412(a)(10)(C) or unless a court or hearing officer determines otherwise, where a unilateral placement
has been made without offering the supervisory union for the school district of residence
a reasonable opportunity to evaluate the child and to develop an individualized education
program, reimbursement may not be sought for any costs incurred before the supervisory
union is offered such an opportunity. (Added 1989, No. 107, § 4; amended 2001, No. 8, § 12; 2003, No. 36, § 17; 2005, No. 54, § 15; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
§ 2958. Residential Placement Review Team; residential placements
(a) A supervisory union shall notify the parents and the Secretary when it believes residential
placement is a possible option for inclusion in a child’s individualized education
program.
(b) The Secretary may establish from within the Agency a Residential Placement Review
Team. At the discretion of the Secretary, other persons not employed by the Agency
may be appointed to serve on the Team. The Team shall make every effort to assist
supervisory unions and parents in understanding the range of educational options available
as early as possible in the planning process for the child. The Team shall:
(1) advise supervisory unions on alternatives to residential placement;
(2) review each individualized education program calling for residential placement of
a student to consider whether the student can be educated in a less restrictive environment;
(3) assist supervisory unions in locating cost-effective and appropriate residential facilities
where necessary;
(4) request a new individualized education program where it believes that appropriate
alternatives to residential placement are available; and
(5) offer mediation as a means of resolving disputes relating to the need for residential
placement or the particular residential facility recommended for a child with a disability.
(c) The State Board shall by rule establish policies and procedures for the operations
of the Residential Placement Review Team. The rules shall be consistent with federal
law and, at minimum, shall include the following:
(1) provision for the Secretary to initiate a due process proceeding to challenge the
need for residential placement where the team believes that a less restrictive educational
placement is both available and appropriate for the child with a disability, and to
reimburse the supervisory union and the parents or guardian of the child for reasonable
costs and attorney’s fees in the event the Secretary does not prevail;
(2) provision for technical assistance, a plan for correction, or withholding of funds
under this section where a supervisory union places a child in a residential facility
more expensive than an available and appropriate alternative residential facility;
however, such withholding of funds shall not exceed the difference between the cost
of the two facilities and the rule shall provide an opportunity for appeal of the
withholding; and
(3) procedures and timelines to ensure that residential placement of a child with disabilities
is not delayed or disrupted so as to adversely affect the child.
(d) Whenever a residential placement is determined to be necessary and appropriate for
a child with a disability, the Residential Placement Review Team shall include in
the child’s individualized education program goals and objectives designed to reintegrate
the child into a local school district.
(e) Costs for residential placement shall be reimbursed under subchapter 2 of this chapter
only if the residential facility is approved by the State Board for the purposes of
providing special education and related services to children with disabilities. (Added 1989, No. 107, § 5; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 202, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 7, eff. May 25, 2018.)
§ 2959. Rulemaking; mediation
(a) The State Board shall adopt rules governing the determination of a child’s eligibility
for special education, accounting and financial reporting standards, program requirements,
procedural requirements, and the identification of the supervisory union or agency
responsible for each child with a disability.
(b) Subject to rules established by the State Board, the Secretary shall offer mediation
to parents, children with disabilities, and districts, supervisory unions, and agencies
involved in special education disputes. (Added 1987, No. 235 (Adj. Sess.), § 6; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 203, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
§ 2959a. Education Medicaid receipts
(a) It is the intent of the General Assembly that the State of Vermont shall maximize
its receipt of federal Medicaid dollars available for reimbursement of medically related
services provided to students who are Medicaid eligible. It is further the intent
that:
(1) each supervisory union identify special education and other students eligible for
Medicaid reimbursement and, to the extent possible, submit Medicaid bills for services
reimbursement; and
(2) the Agencies of Education and of Human Services work with local school districts to
maximize reimbursements, including services to non-IEP students.
(b) A Medicaid Reimbursement Special Fund is established within the Agency of Education.
Funds received by the State under this section shall be transferred to the Medicaid
Reimbursement Special Fund. The Fund receipts shall be allocated in accordance with
this section.
(c) At least annually, the Secretary of Education shall pay to each supervisory union
submitting Medicaid bills under this section 50 percent of the reimbursed funds generated
by the supervisory union’s bill, excluding claims generated by State-placed students.
Unless the supervisory union has agreed to use the funds to operate a supervisory
unionwide program or to distribute the funds in a different manner, upon receipt,
the supervisory union shall distribute the funds to its member school districts based
on how the funds were generated. The Secretary may withhold payment due a supervisory
union pursuant to section 2950 of this title for a Medicaid-eligible State-placed student if the supervisory union has not submitted
a Medicaid claim for reimbursable services for that student.
(d) If the amount of Medicaid reimbursement funds received for services provided in the
prior State fiscal year exceeds $25,000,000.00, in addition to the 50 percent of the
funds paid to supervisory unions submitting Medicaid bills, 25 percent of the amounts
in excess of the $25,000,000.00 shall be paid into an incentive fund created in the
Agency of Education. These funds shall be used for an incentive payment to supervisory
unions with student participation rates of over 80 percent in accordance with a formula
to be developed by the Agency, in consultation with the Vermont Superintendents Association.
For any incentive payments made subsequent to fiscal year 2007, the $25,000,000.00
threshold of this subsection shall be increased by the percentage increase of the
most recent New England Economic Project Cumulative Price Index, as of November 15,
for state and local government purchases of goods and services from fiscal year 2005
through the fiscal year for which the payment is being determined, plus an additional
one-tenth of one percent.
(e) Supervisory unions shall use funds received under this section to pay for reasonable
costs of administering the Medicaid claims process, and school districts or supervisory
unions shall use funds received under this section for prevention and intervention
programs in prekindergarten through grade 12. The programs shall be designed to facilitate
early identification of and intervention with children with disabilities and to ensure
all students achieve rigorous and challenging standards approved and adopted by the
State Board or locally adopted standards. A supervisory union shall provide annual
written justification to the Secretary of Education on how it or its member districts
used the funds. Such annual submission shall show how the funds’ use is expressly
linked to those provisions of the supervisory union’s action plan that directly relate
to improving student performance. A supervisory union shall include in its annual
report the amount of the prior year’s Medicaid reimbursement revenues and the use
of Medicaid funds consistent with the purposes set forth in this subsection.
(f) Up to 30 percent of Medicaid reimbursements received under this section shall be available
for administrative costs of the Agencies of Education and of Human Services related
to the collection, processing, and reporting of education Medicaid reimbursements
and statewide programs. The Secretaries of Education and of Human Services shall expend
monies from the Fund only as appropriated by the General Assembly.
(g) Remaining reimbursed funds shall be deposited into the Education Fund. (Amended 1999, No. 62, § 126; 1999, No. 66 (Adj. Sess.), § 58, eff. Feb. 8, 2000; 2001, No. 142 (Adj. Sess.), § 186b; 2005, No. 182 (Adj. Sess.), § 19; 2005, No. 215 (Adj. Sess.), § 289; 2007, No. 192 (Adj. Sess.), § 6.024, eff. June 7, 2008; 2009, No. 44, § 41, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 204, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
§ 2959b. Individualized education programs
A school district or supervisory union responsible for developing an individualized
education program for a child with a disability may consider the cost of the provision
of special education or related services to the child if:
(1) the district or supervisory union has developed the individualized education program
in accordance with federal law through an individualized program team that included
the parents;
(2) the individualized education program team has determined that the child’s placement
contained in the program is appropriate for the child as that term is defined in federal
law; and
(3) all the options under consideration by the district or supervisory union for fulfilling
the requirements of the child’s individualized education program would constitute
a free appropriate public education in the least restrictive environment for the child,
as those terms are defined in federal law. (Added 1999, No. 117 (Adj. Sess.), § 5.)
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Subchapter 002: AID FOR SPECIAL EDUCATION AND SUPPORT SERVICES
§ 2961. Census grant [Repealed July 1, 2028 if contingency met]
(a) As used in this section:
(1) “Average daily membership” shall have the same meaning as in subdivision 4001(1) of this title, except it shall exclude State-placed students.
(2) “Average daily membership of a supervisory union” means the aggregate average daily
membership of the school districts that are members of the supervisory union or, for
a supervisory district, the average daily membership of the supervisory district.
(3) “Long-term membership” of a supervisory union in any school year means the average
of the supervisory union’s average daily membership over the most recent three school
years for which data are available.
(4) “Uniform base amount” means an amount determined by:
(A) dividing an amount:
(i) equal to the average State appropriation for fiscal years 2018, 2019, and 2020 for
special education under sections 2961 (standard mainstream block grants), 2963 (special
education expenditures reimbursement), and 2963a (exceptional circumstances) of this
title; and
(ii) increased by:
(I) for each of fiscal years 2021, 2022, and 2023, the annual change in the National Income
and Product Accounts (NIPA) Implicit Price Deflator for State and Local Government
Consumption Expenditures and Gross Investment as reported by the U.S. Department of
Commerce, Bureau of Economic Analysis (inflation factor); and
(II) for each of fiscal years 2024, 2025, and 2026, the average inflation factor for fiscal
years 2021, 2022, and 2023; by
(B) the statewide long-term membership.
(b) The State commits to satisfying its special education maintenance of fiscal support
requirement under 34 C.F.R. § 300.163(a).
(c) Each supervisory union shall receive a census grant each fiscal year to support the
provision of special education services to students on an individualized education
program. Supervisory unions shall use this funding and other available sources of
funding to provide special education services to students in accordance with their
individualized education programs as mandated under federal law. A supervisory union
may use census grant funds to support the delivery of the supervisory union’s comprehensive
system of educational services under sections 2901 and 2902 of this title, but shall not use census grant funds in a manner that abrogates its responsibility
to provide special education services to students in accordance with their individualized
education programs as mandated under federal law.
(d)(1)(A) For fiscal year 2023, the amount of the census grant for a supervisory union shall
be:
(i) the average amount it received for fiscal years 2018, 2019, and 2020 or the average
amount it received for fiscal years 2019, 2020, and 2021, whichever amount is greater,
from the State for special education under sections 2961 (standard mainstream block
grants), 2963 (special education expenditures reimbursement), and 2963a (exceptional
circumstances) of this title; increased by
(ii) the annual change in the National Income and Product Accounts (NIPA) Implicit Price
Deflator for State and Local Government Consumption Expenditures and Gross Investment
as reported by the U.S. Department of Commerce, Bureau of Economic Analysis.
(B) The amount determined under subdivision (A) of this subdivision (1) shall be divided
by the supervisory union’s long-term membership, to determine the base amount of the
census grant, which is the amount of the census grant calculated on a per student
basis.
(2) For fiscal year 2027 and subsequent fiscal years, the amount of the census grant for
a supervisory union shall be the uniform base amount multiplied by the supervisory
union’s long-term membership.
(3) For fiscal years 2024, 2025, and 2026, the amount of the census grant for a supervisory
union shall be determined by multiplying the supervisory union’s long-term membership
by a base amount established under this subdivision. The base amounts for each supervisory
union for fiscal years 2024, 2025, and 2026 shall move gradually the supervisory union’s
fiscal year 2023 base amount to the fiscal year 2027 uniform base amount by prorating
the change between the supervisory union’s fiscal year 2023 base amount and the fiscal
year 2027 uniform base amount over this three-fiscal-year period. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 15, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 13; 1997, No. 60, §§ 30, 30a, eff. July 1, 1998; 2003, No. 130 (Adj. Sess.), § 6; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 1, eff. July 1, 2022; 2021, No. 175 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 2961. Census grant [Contingently repealed effective July 1, 2028]
(Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 15, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 13; 1997, No. 60, §§ 30, 30a, eff. July 1, 1998; 2003, No. 130 (Adj. Sess.), § 6; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 1, eff. July 1, 2022; contingently amended by 2021, No. 175 (Adj. Sess.), § 1, eff. July 1, 2022; contingently repealed on July 1, 2028 by 2025, No. 73, § 42(c).)
§ 2961a. Repealed. 1995, No. 157 (Adj. Sess.), § 30(a)(3).
§ 2962. Extraordinary special education reimbursement
(a)(1) As used in this section, “child” means a student with disabilities who is three years
of age or older in the current school year.
(2) As used in this subchapter, “extraordinary expenditures” means a supervisory union’s
allowable special education expenditures that for any one child in a fiscal year exceed
$60,000.00, increased annually by the annual change in the National Income and Product
Accounts (NIPA) Implicit Price Deflator for State and Local Government Consumption
Expenditures and Gross Investment as reported by the U.S. Department of Commerce,
Bureau of Economic Analysis.
(3) The State Board of Education shall define allowable special education expenditures
that shall include any expenditures required under federal law in order to implement
fully individual education programs under the Individuals with Disabilities Education
Act, 20 U.S.C. chapter 33, and any costs of mediation conducted by a mediator who
is approved by the Secretary.
(b) If a supervisory union has extraordinary expenditures, it shall be eligible for extraordinary
special education reimbursement (extraordinary reimbursement) as provided in this
section.
(c) A supervisory union that has extraordinary expenditures in a fiscal year for any one
child shall be eligible for extraordinary reimbursement equal to:
(1) an amount equal to its special education expenditures in that fiscal year for that
child that exceed the extraordinary expenditures threshold amount under subdivision
(a)(2) of this section (excess expenditures) multiplied by 95 percent; plus
(2) an amount equal to the lesser of:
(A) the amount of its excess expenditures; or
(B)(i) the extraordinary expenditures threshold amount under subdivision (a)(2) of this section;
minus
(ii) the base amount of the census grant received by the supervisory union under subsection 2961(d) of this title for that fiscal year; multiplied by
(iii) 60 percent.
(d) The State Board of Education shall establish by rule the administrative process for
supervisory unions to submit claims for extraordinary reimbursement under this section
and for the review and payment of those claims.
(e) Under section 2973 of this title, a supervisory union, in its role as the local education agency, may place a student
with an individualized education program under the Individuals with Disabilities Education
Act, 20 U.S.C. chapter 33, with certain approved independent schools that accept public
tuition. If the approved independent school is entitled to special education cost
reimbursement under that section, it may bill the supervisory union for excess special
education costs incurred by the independent school in providing special education
services to that student beyond those covered by general tuition. If those costs for
that student exceed the extraordinary expenditures threshold as defined in subdivision
(a)(2) of this section, the supervisory union shall be entitled to extraordinary reimbursement
under this section for that student as if it incurred those costs directly. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107, § 6; 1989, No. 230 (Adj. Sess.), §§ 18, 26; 1995, No. 157 (Adj. Sess.), § 14, eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 30b, eff. July 1, 1998; 2003, No. 36, § 13; 2003, No. 130 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 205, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 14, eff. July 1, 2019; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 2963. Repealed. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), eff. July 1, 2022.
(Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107, § 7; 1989, No. 230 (Adj. Sess.), § 19, eff. July 1, 1991; 1991, No. 104, § 1, eff. June 27, 1991; 1991, No. 104, § 3; 1995, No. 157 (Adj. Sess.), § 15, eff. July 1, 1997; 1997, No. 60, § 30c, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 114, eff. March 11, 1998; 2001, No. 8, § 13; 2003, No. 36, § 14; 2003, No. 130 (Adj. Sess.), § 8; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)
§ 2963a. Repealed. 2019, No. 72, § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), eff. July 1, 2022.
(Added 1997, No. 71 (Adj. Sess.), § 87, eff. March 11, 1998; amended 1999, No. 108 (Adj. Sess.), § 2, eff. May 10, 2000; 2005, No. 182 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 206, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72, § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)
§ 2964. Repealed. 2019, No. 72, § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), eff. July 1, 2022.
(Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107, § 8; amended 1989, No. 230 (Adj. Sess.), § 20, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 16; 2013, No. 92 (Adj. Sess.), § 207, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72, § E.502.2 as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)
§ 2965. Withholding of aid
If a supervisory union, school district, or agency fails to meet its legally established
obligations toward a child with a disability or the child’s parent, and as a result
the Agency of Education incurs costs to meet these obligations beyond those otherwise
incurred under this chapter, the Secretary shall withhold the amount of funds incurred
from any grants due the supervisory union, school district, or agency under this subchapter. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 208, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
§ 2966. Repealed. 1995, No. 157 (Adj. Sess.), § 30(a)(4).
§ 2967. Aid projection
(a) On or before December 15, the Secretary shall publish an estimate, by each supervisory
union, of its anticipated State special education funding under this chapter for the
ensuing school year.
(b) As used in this section, State special education funding shall include:
(1) funds eligible for grants and reimbursements under sections 2961 and 2962 of this title;
(2) funds for services for persons who are visually impaired;
(3) funds for persons who are deaf or hard of hearing;
(4) funds for the interdisciplinary team program;
(5) funds expended for training and programs to meet the needs of students with emotional
or behavioral challenges under subsection 2969(c) of this title; and
(6) funds expended for training under subsection 2969(d) of this title. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 27; 1995, No. 157 (Adj. Sess.), § 17; 1997, No. 60, § 30d, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 88, eff. March 11, 1998; 2003, No. 36, § 15; 2003, No. 130 (Adj. Sess.), § 9; 2011, No. 58, § 5, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 209, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 79; 2013, No. 142 (Adj. Sess.), § 31; 2015, No. 131 (Adj. Sess.), § 25; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 112 (Adj. Sess.), § 2, eff. July 1, 2022.)
§ 2968. Repealed. 2019, No. 72, § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), eff. July 1, 2022.
(Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 21; 1995, No. 157 (Adj. Sess.), § 18; 2013, No. 92 (Adj. Sess.), § 210, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72, § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)
§ 2969. Payments
(a)(1) On or before August 15, December 15, and April 15 of each fiscal year, the State Treasurer
shall withdraw from the Education Fund, based on a warrant issued by the Commissioner
of Finance and Management, and shall forward to each supervisory union one-third of
the census grant due to the supervisory union under section 2961 of this title for that fiscal year.
(2) On or before November 15, January 15, April 15, and August 1 of each school year,
each supervisory union, to the extent it incurs extraordinary expenditures under section 2962 of this title, shall file a financial report with the Secretary in a form prescribed by the Secretary.
The report shall describe total extraordinary expenditures actually incurred during
the reporting period.
(3) On or before December 15, February 15, May 15, and September 15 of each school year,
based on a warrant issued by the Commissioner of Finance and Management, the State
Treasurer shall withdraw from the Education Fund and shall forward to each supervisory
union the amount of extraordinary reimbursement incurred by the supervisory union
under section 2962 of this title that is unreimbursed and determined by the Agency of Education to be payable to the
supervisory union.
(b) [Repealed.]
(c) For the purpose of meeting the needs of students with emotional or behavioral challenges,
each fiscal year the Secretary shall use for training, program development, and building
school and regional capacity up to one percent of the State funds appropriated under
this subchapter.
(d) For the training of teachers, administrators, and other personnel in the identification
and evaluation of and provision of educational services to children who require educational
supports, each fiscal year the Secretary shall use up to 0.75 percent of the State
funds appropriated under this subchapter. In order to set priorities for the use of
these funds, the Secretary shall identify effective practices and areas of critical
need. The Secretary may expend up to five percent of these funds for statewide training
and shall distribute the remaining funds to school districts or supervisory unions.
(e) School districts and supervisory unions that apply for funds under this section must
submit a plan for training that will result in lasting changes in their school systems
and give assurances that at least 50 percent of the costs of training, including in-kind
costs, will be assumed by the applicant. The Secretary shall establish written procedures
and criteria for the award of such funds. In addition, the Secretary may identify
schools most in need of training assistance and may pay for 100 percent of the assistance
to the supervisory union or school district for these schools to fund the provision
of training assistance for these schools. (Added 1989, No. 107, § 9; amended 1989, No. 230 (Adj. Sess.), §§ 7, 22; 1995, No. 157 (Adj. Sess.), § 19 eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 24; 1997, No. 60, § 30e, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 116, eff. March 11, 1998; 2005, No. 71, § 267; 2013, No. 92 (Adj. Sess.), § 211, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
§§ 2970, 2971. [Reserved for future use.]
§ 2972. Repealed. 1995, No. 157 (Adj. Sess.), § 30(a)(4).
§ 2973. Independent school tuition rates
(a)(1) Notwithstanding any provision of law to the contrary, an approved independent school
that accepts public tuition shall enroll any student with an individualized education
program who requires special education services and who is placed in the approved
independent school as an appropriate placement and least restrictive environment for
the student by the student’s individualized education program team or by the local
education agency (LEA); provided, however, that this requirement shall not apply to
an independent school that limits enrollment to students who are on an individualized
education program or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the LEA and the school.
(2) In placing a student with an independent school under subdivision (1) of this subsection,
the student’s individualized education program team and the LEA shall comply with
all applicable federal and State requirements.
(3) An approved independent school is not required to demonstrate that it has the resources
to serve every category of special education as defined under State Board of Education
rules in order to be approved or retain its approval to receive public funding for
general tuition.
(4) The terms “special education services,” “LEA,” and “individualized education program”
or “IEP” as used in this section shall have the same meanings as defined by State
Board rules.
(b)(1) The Secretary of Education shall establish minimum standards of services for students
receiving special education services in independent schools in Vermont and may advise
independent schools as to the need for certain special education services in Vermont.
(2)(A) The Secretary of Education shall set, after consultation with independent schools
in Vermont, and based on the level of services provided by the schools, the maximum
rates to be paid by the Agency and supervisory unions or school districts for tuition,
room, and board for residential placement of students who require special education
services. The amount charged by an independent school for tuition shall reflect the
school’s actual or anticipated costs of providing special education services to the
student and shall not exceed the maximum rates set by the Secretary, provided that
the Secretary may permit charges in excess of these maximum rates where the Secretary
deems warranted.
(B)(i) An approved independent school that enrolls a student under subdivision (a)(1) of
this section may bill the responsible LEA for excess special education costs incurred
by the independent school in providing special education services beyond those covered
by general tuition. Reimbursement of these excess special education costs shall be
based on the direct-cost rates approved by the Secretary for services actually provided
to the student consistent with the Agency of Education Technical Manual for special
education cost accounting. The Agency of Education shall publish specific elements
that must be included as part of an independent school’s invoice for excess special
education costs, and these elements shall be included in the written agreement required
under subdivision (c)(2) of this section.
(ii) In establishing the direct-cost rates for reimbursement under this subdivision (B),
the Secretary shall apply the principle of treating an approved independent school
and a public school with parity in the amount of federal, State, and local contributions
to cover the costs of providing special education services.
(iii) An approved independent school that enrolls a student under subdivision (a)(1) of
this section shall provide such documentation to the Secretary as the Secretary deems
necessary in order to ensure that amounts payable under this subdivision (B) to the
school are reasonable in relation to the special education services provided by the
school. The Secretary may withhold, or direct an LEA to withhold, payment under this
subdivision pending the Secretary’s receipt of required documentation under this subdivision,
or may withhold, or direct an LEA to withhold, an amount determined by the Secretary
as not reasonable in relation to the special education services provided by the school.
(C)(i) The Secretary shall set, after consultation with independent schools in Vermont, the
maximum tuition rates to be paid by the Agency and supervisory unions or school districts
to independent schools that limit enrollment to students who are on an IEP or a plan
under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the LEA and the school.
The maximum tuition rates shall be based on the level of services provided by the
school.
(ii) The tuition rates established by the Secretary under this subdivision (C) shall be
no more than the costs that are reasonably related to the level of services provided
by the school and shall be set forth on a form prescribed for that purpose by the
Secretary of Education. The Secretary shall determine the relationship between costs
and the level of services by using generally accepted accounting principles, such
as those set forth in the Handbook (II) for Financial Accounting of Vermont School
Systems.
(iii) After the Secretary approves a tuition rate for an independent school under this subdivision
(C), the school shall not exceed that tuition rate until such time as a new tuition
rate is approved by the Secretary.
(c)(1) In order to be approved as an independent school eligible to receive State funding
under subdivision (a)(1) of this section, the school shall demonstrate the ability
to serve students with disabilities by:
(A) demonstrating an understanding of special education requirements, including the:
(i) provision of a free and appropriate public education in accordance with federal and
State law;
(ii) provision of education in the least restrictive environment in accordance with federal
and State law;
(iii) characteristics and educational needs associated with any of the categories of disability
or suspected disability under federal and State law; and
(iv) procedural safeguards and parental rights, including discipline procedures, specified
in federal and State law;
(B) committing to implementing the IEP of an enrolled student with special education needs,
providing the required services, and appropriately documenting the services and the
student’s progress;
(C) employing or contracting with staff who have the required licensure to provide special
education services;
(D) agreeing to communicate with the responsible LEA concerning:
(i) the development of, and any changes to, the IEP;
(ii) services provided under the IEP and recommendations for a change in the services provided;
(iii) the student’s progress;
(iv) the maintenance of the student’s enrollment in the independent school; and
(v) the identification of students with suspected disabilities; and
(E) committing to participate in dispute resolution as provided under federal and State
law.
(2) An approved independent school that enrolls a student requiring special education
services who is placed with the school under subdivision (a)(1) of this section:
(A) shall enter into a written agreement with the LEA committing to the requirements under
subdivision (1) of this subsection (c); and
(B) shall ensure that qualified school personnel attend planning meetings and IEP meetings
for the student.
(d)(1) If a student is placed with an approved independent school under subsection (a) of
this section and either the LEA and the school each certifies, or the hearing officer
under subdivision (3) of this subsection certifies, to the Secretary of Education
that the school is unable to provide required IEP services due to its inability to
retain qualified staff, then the LEA shall make another placement that satisfies the
federal requirements to provide the student with a free and appropriate public education
in the least restrictive environment.
(2) If the conditions in subdivision (1) of this subsection are satisfied:
(A) the approved independent school shall not be subject to any disciplinary action or
the revocation of its approved status by the State Board of Education due to its failure
to enroll the student; and
(B) no private right of action shall be created on the part of the student or his or her
family members, or any other private party, to:
(i) require the LEA to place the student with the approved independent school or the school
to enroll the student; or
(ii) hold the LEA or the approved independent school responsible for monetary damages due
to the failure of the school to enroll the student or the necessity for the LEA to
make an alternative placement.
(3) If the LEA and approved independent school do not agree on whether the school is unable
to retain qualified staff under subdivision (1) of this subsection, then the LEA and
the school shall jointly contract with a hearing officer to conduct a hearing with
the parties and make a determination, which shall be final. The cost for the hearing
officer shall be split evenly between the two parties.
(e) Neither a school district nor any State agency shall pay rates for tuition, room,
and board for students receiving special education in independent schools outside
Vermont that are in excess of allowable costs approved by the authorized body in the
state in which the independent school is located, except in exceptional circumstances
or for a child who needs exceptional services, as approved by the Secretary.
(f) The State Board is authorized to enter into interstate compacts with other states
to regulate rates for tuition, room, and board for students receiving special education
in independent schools. (Added 1989, No. 230 (Adj. Sess.), § 28; 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 212, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 21, eff. July 1, 2023.)
§ 2973a. Special education; best practices; policy
It is the public policy of the State that integrated special education services are
recognized as an essential responsibility of the educational system that benefits
all students and contribute to the good of the State. This section and section 2974 of this title recognize that best practices in delivery of such services promote this policy. (Added 2007, No. 82, § 26.)
§ 2974. Special education program; fiscal review
Annually, the Secretary shall report to the State Board regarding:
(1) the total amount of census grants made to supervisory unions under section 2961 of this title;
(2) the total amount of extraordinary special education reimbursement made to supervisory
unions under section 2962 of this title;
(3) results for special education students;
(4) the availability of special education staff;
(5) the consistency of special education program implementation statewide;
(6) the status of tiered systems of supports in supervisory unions; and
(7) a statewide summary of the special education student count, including:
(A) the percentage of the total average daily membership represented by special education
students statewide and by supervisory union;
(B) the percentage of special education students by disability category; and
(C) the percentage of special education students served by public schools within the supervisory
union, by day placement, and by residential placement. (Added 1997, No. 60, § 31, eff. June 26, 1997; amended 1997, No. 71 (Adj. Sess.), § 115, eff. March 11, 1998; 1999, No. 117 (Adj. Sess.), § 6; 2007, No. 82, § 10; 2013, No. 92 (Adj. Sess.), § 213, eff. Feb. 14, 2014; 2015, No. 11, § 14; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 74, § 24; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 2975. Unusual special education costs; financial assistance
The Secretary may use funds for allowable special education expenditures, as defined
in State Board of Education rules, to directly assist supervisory unions with special
education expenditures of an unusual or unexpected nature. These funds shall be appropriated
in the amount of two percent times the census grant as defined in section 2961 of this title. The Secretary’s decision regarding a supervisory union’s eligibility for and amount
of assistance shall be final. (Added 2007, No. 66, § 13; amended 2013, No. 92 (Adj. Sess.), § 214, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 3, eff. July 1, 2022.)