State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1142

79-1142. State Departmentof Education; reimbursement for special education programs and support services;to whom; manner; limitations.(1) Level I servicesrefers to services provided to children with disabilities who require an aggregateof not more than three hours per week of special education services and supportservices and includes all administrative, diagnostic, consultative, and vocational-adjustmentcounselor services. (2) The total allowable reimbursablecost for support services shall not exceed a percentage, established by theState Board of Education, of the school district's or approved cooperative'stotal allowable reimbursable cost for all special education programs and supportservices. The percentage established by the State Board of Education for supportservices shall not exceed thedifference of ten percent minusthe percentage of the appropriations for special education approved by theLegislature set aside for reimbursements for support services pursuant tosubsection (5) of this section.(3) For special educationand support services provided in each school fiscal year, the State Departmentof Education shall reimburse each school district in the following schoolfiscal year a pro rata amount determined by the department. The reimbursement percentage shall be the ratio of thedifference of the appropriationsfor special education approved by the Legislature minusthe amounts set aside pursuant to subsection (5) of this section divided bythe total allowable excess costs for all special education programsand support services.(4) Cooperatives of schooldistricts or educational service units shall also be eligible for reimbursementfor cooperative programs pursuant to this section if such cooperatives oreducational service units have complied with the reporting and approval requirementsof section 79-1155 for cooperative programs which were offered the precedingyear. The payments shall be made by the department to the school districtof residence, cooperative of school districts, or educational service uniteach year in a minimum of seven payments between the fifth and twentieth dayof each month beginning in December. Additional payments may be made basedupon additional valid claims submitted. The State Treasurer shall, betweenthe fifth and twentieth day of each month, notify the Director of AdministrativeServices of the amount of funds available in the General Fund for paymentpurposes. The director shall, upon receiving such certification, draw warrantsagainst funds appropriated.(5) On andafter August 1, 2010, residential settings described in subdivision (10)(c)of section 79-215 shall be reimbursed for the educational services, includingspecial education services and support services, provided pursuant to suchsubdivision on or after August 1, 2010, in an amount determined pursuant tothe average per pupil cost of the service agency. Reimbursements pursuantto this section shall be made from funds set aside for such purpose withinsixty days after receipt of a reimbursement request submitted in the mannerrequired by the department and including any documentation required by thedepartment for educational services that have been provided, except that ifthere are not any funds available for the remainder of the state fiscal yearfor such reimbursements, the reimbursement shall occur within thirty daysafter the beginning of the immediately following state fiscal year. The departmentmay audit any required documentation and subtract any payments made in errorfrom future reimbursements. The State Board of Education shall set aside separateamounts from the appropriations for special education approved by the Legislaturefor reimbursements pursuant to this subsection for students receiving specialeducation services and for students receiving support services for each statefiscal year. The amounts set aside for each purpose shall be based on estimatesof the reimbursements to be requested during the state fiscal year and shallnot be less than the total amount of reimbursements requested in the priorstate fiscal year plus any unpaid requests from the prior state fiscal year. SourceLaws 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; Laws 2010, LB1087, § 7.Operative Date: August 1, 2010 Cross ReferencesOption enrollment program, determination of reimbursement, see section 79-246.