§ 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.)