15-1372

15-1372. Equalization assistance for state
educational system for persons in the state department of
corrections; fund

(L10, Ch. 306, sec. 15)

A. The state department of corrections shall provide educational services for
pupils who are under the age of eighteen years and pupils with disabilities who are age
twenty-one or younger who are committed to the state department of corrections. The
department of education shall provide technical assistance to the state department of
corrections on request and shall assist the state department of corrections in
establishing program and personnel standards.

B. The state education fund for correctional education is established. Subject to
legislative appropriation, fund monies shall be used for the purposes of providing
education to pupils as specified in subsection A of this section. Notwithstanding
section 35-173, monies appropriated to the fund shall not be transferred to or used for
any program not directly related to the educational services required by this
section. State equalization assistance, other state and federal monies received from the
department of education for which the pupils in correctional education programs qualify
and monies appropriated for correctional education except monies appropriated pursuant to
subsection C of this section shall be deposited in the fund. The state treasurer shall
maintain separate accounts for fund monies if the separate accounts are required by
statute or federal law.

C. The state department of corrections may seek appropriations for capital needs
for land, buildings and improvements, including repairs and maintenance, required to
maintain the educational services required by this section.

D. The state board of education shall apportion state aid and deposit it, pursuant
to sections 35-146 and 35-147, in the state education fund for correctional education in
an amount as determined by subsection E of this section. The apportionments are as
follows:

1. On July 1, one-third of the total amount to be apportioned during the fiscal
year.

2. On October 15, one-twelfth of the total amount to be apportioned during the
fiscal year.

3. On December 15, one-twelfth of the total amount to be apportioned during the
fiscal year.

4. On January 15, one-twelfth of the total amount to be apportioned during the
fiscal year.

5. On February 15, one-twelfth of the total amount to be apportioned during the
fiscal year.

6. On March 15, one-twelfth of the total amount to be apportioned during the fiscal
year.

7. On April 15, one-twelfth of the total amount to be apportioned during the fiscal
year.

8. On May 15, one-twelfth of the total amount to be apportioned during the fiscal
year.

9. On June 15, one-twelfth of the total amount to be apportioned during the fiscal
year.

E. The director of the state department of corrections shall calculate a base
support level as prescribed in section 15-943 and a capital outlay revenue limit as
prescribed in section 15-961 for the educational services required by this section,
except that:

1. Notwithstanding section 15-901, the student count shall be determined using the
following definitions:

(a) "Daily attendance" means days in which a pupil attends an educational program
for a minimum of one hundred eighty minutes not including meal and recess
periods. Attendance for ninety or more minutes but fewer than one hundred eighty minutes
shall be counted as one-half day's attendance.

(b) "Fractional student" means a pupil enrolled in an educational program of ninety
or more minutes but fewer than one hundred eighty minutes per day not including meal and
recess periods. A fractional student shall be counted as one-half of a full-time
student.

(c) "Full-time student" means a pupil enrolled in an educational program for a
minimum of one hundred eighty minutes per day not including meal and recess periods.

(d) "Pupil with a disability" has the same meaning as child with a disability
prescribed in section 15-761.

2. All pupils shall be counted as if they were enrolled in grades nine through
twelve.

3. The teacher experience index is 1.00.

4. The calculation for additional teacher compensation monies as prescribed in
section 15-952 is available.

5. Section 15-943, paragraph 1 does not apply.

6. The base support level and capital outlay amounts calculated pursuant to this
section shall be multiplied by 0.67.

7. The school year shall consist of a period of not less than two hundred eight
days.

F. The director of the state department of corrections may use sections 15-855 and
15-948 in making the calculations prescribed in subsection E of this section. The
director of the state department of corrections and the department of education shall
prescribe procedures for calculating average daily attendance and average daily
membership.

G. Equalization assistance for correctional education programs provided for those
pupils specified in subsection A of this section is determined by adding the amount of
the base support level and the capital outlay revenue limit for the budget year
calculated as prescribed in subsection E of this section.

H. The director of the state department of corrections shall keep records and
provide information as the department of education requires to determine the appropriate
amount of equalization assistance. Equalization assistance shall be used to provide
educational services in this section.

I. The department of education and the state department of corrections shall enter
into an intergovernmental agreement that establishes the necessary accountability between
the two departments regarding the administrative and funding requirements contained in
subsections A and B of this section. The agreement shall:

1. Provide for appropriate education to all committed youths as required by state
and federal law.

2. Provide financial information to meet requirements for equalization assistance.

3. Provide for appropriate pupil intake and assessment procedures.

4. Require pupil performance assessment and the reporting of results.