2006 Nebraska Revised Statutes - § 79-1142 — State Department of Education; reimbursement for special education programs and support services; to whom; manner; limitations.

Section 79-1142
State Department of Education; reimbursement for special education programs and support services; to whom; manner; limitations.

(1) Level I services refers to services provided to children with disabilities who require an aggregate of not more than three hours per week of special education services and support services and includes all administrative, diagnostic, consultative, and vocational-adjustment counselor services. Support services means preventive services for children from birth to age twenty-one years and, if the child's twenty-first birthday occurs during the school year, until the end of that school year, not identified or verified as having a disability pursuant to sections 79-1118.01 and 79-1138 but who demonstrate a need for specially designed assistance in order to benefit from the school's general education curriculum. The total allowable reimbursable cost for support services shall not exceed a percentage, established by the State Board of Education, of the school district's or approved cooperative's total allowable reimbursable cost for all special education programs and support services. The percentage established by the State Board of Education for support services shall not exceed ten percent.

(2) For special education and support services provided in each school fiscal year, the State Department of Education shall reimburse each school district in the following school fiscal year a pro rata amount determined by the department from appropriations for special education approved by the Legislature and based on allowable excess costs for all special education programs and support services.

(3) Cooperatives of school districts or educational service units shall also be eligible for reimbursement for cooperative programs pursuant to this section if such cooperatives or educational service units have complied with the reporting and approval requirements of section 79-1155 for cooperative programs which were offered the preceding year. The payments shall be made by the department to the school district of residence, cooperative of school districts, or educational service unit each year in a minimum of seven payments between the fifth and twentieth day of each month beginning in December. Additional payments may be made based upon additional valid claims submitted. The State Treasurer shall, between the fifth and twentieth day of each month, notify the Director of Administrative Services of the amount of funds available in the General Fund for payment purposes. The director shall, upon receiving such certification, draw warrants against funds appropriated.


Source:
    Laws 1973, LB 403, § 8

    Laws 1975, LB 555, § 4

    Laws 1975, Spec. Sess., LB 3, § 1

    Laws 1976, LB 903, § 1

    Laws 1986, LB 929, § 1

    Laws 1986, LB 942, § 10

    Laws 1986, Fourth Spec. Sess., LB 2, § 2

    R.S.Supp.,1986, § 43-648

    Laws 1987, LB 367, § 32

    Laws 1987, LB 413, § 1

    Laws 1995, LB 742, § 6

    R.S.Supp.,1995, § 79-3332

    Laws 1996, LB 900, § 824

    Laws 1997, LB 346, § 30

    Laws 1997, LB 865, § 8

    Laws 1998, Spec. Sess., LB 1, § 48

    Laws 1999, LB 813, § 43

    Laws 2000, LB 1243, § 7

    Laws 2001, LB 797, § 45

Cross References:
    Option enrollment program,determination of reimbursement, see section 79-246.



~Reissue Revised Statutes of Nebraska

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