2018 Tennessee Code
Title 49 - Education
Chapter 10 - Special Education
Part 1 - General Provisions
§ 49-10-113. State financial aid.
(a)
(1) The state shall provide financial aid in each school year to school districts and other entities entitled by the laws of this state to receive school aid for educational and related services provided by them for children with disabilities.
(2) The aid shall be determined and paid in accordance with this section and rules and regulations set forth by the state board of education.
(b) State financial aid pursuant to parts 1-6 of this chapter may be claimed by and shall be paid to any public school district or other entities entitled by the laws of this state to receive school aid for each of the following elements:
(1) The education of children with disabilities in the regular school programs of the district or entity;
(2) The education of children with disabilities in special classes, schools and programs designed to meet their special needs and the furnishing of corrective or remedial services designed to ameliorate or eliminate physical, mental, emotional or learning disabilities or handicaps; and
(3) The furnishing of transportation.
(c)
(1) For the purposes of entitlement to state aid, children with disabilities shall be counted in the same manner as other children.
(2)
(A) A local education agency (LEA) shall include qualifying services provided to students in any public school in the LEA, including charter schools authorized by the LEA, in the LEA's annual request for high cost reimbursement.
(B) An LEA shall provide to its authorized charter schools applicable high cost reimbursement funds received by the LEA for any qualifying special education expenditures incurred directly by the charter school.
(C) Special education services associations applying for high cost reimbursement shall include qualifying services provided to students in any public school served by the special education services association.
(d)
(1) If any of the educational or other services aided pursuant to this section are provided partly by one school district or other entitled entity and partly by another district or entity, and if there is no valid contract or agreement by which one of the districts or entities is the proper claimant for all the aid in question, each district and entity shall be entitled to claim and receive a proportionate share of state aid in accordance with its actual assumption of costs.
(2) The department shall provide for the calculation and apportionment of state aid in cases covered by subdivision (d)(1).
(e) The state board of education shall promulgate rules necessary to effectuate the purposes of this section. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
