15-771. Preschool programs for children with
disabilities; definition
(L10, Ch. 318, sec. 7. Eff. 7/1/11)
A. Each school district shall make available an educational program for preschool
children with disabilities who reside in the school district and who are not already
receiving services that have been provided through the department of education. The
state board of education shall prescribe rules for use by school districts in the
provision of educational programs for preschool children with disabilities. School
districts are required to make available educational programs for and, for the purposes
of calculating average daily membership, may count only those preschool children who meet
the definition of one of the following conditions:
1. Hearing impairment.
2. Visual impairment.
3. Developmental delay.
4. Preschool severe delay.
5. Speech/language impairment.
B. The state board of education shall annually distribute to school districts at
least ten per cent of the monies it receives under 20 United States Code section
1411(c)(2) for preschool programs for children with disabilities. The state board shall
prescribe rules for the distribution of the monies to school districts.
C. The governing board of a school district may submit a proposal to the state
board of education as prescribed by the state board to receive monies for preschool
programs for children with disabilities as provided in this section. A school district
which receives monies as provided in this section shall include the monies in the special
projects section of the budget as provided in section 15-903, subsection F.
D. All school districts shall cooperate, if appropriate, with community
organizations that provide services to preschool children with disabilities in the
provision of the district's preschool program for children with disabilities.
E. A school district may not admit a child to a preschool program for children with
disabilities unless the child is evaluated and recommended for placement as provided in
sections 15-766 and 15-767.
F. For the purpose of allocating monies pursuant to 20 United States Code section
1419(g)(1)(B)(i), "jurisdiction" includes high school pupils whose parents reside within
the boundaries of a common school district. The common school district shall ensure such
high school pupils are not counted by any other school district.
G. For the purposes of this section, "preschool child" means a child who is at
least three years of age but who has not reached the age required for kindergarten. A
preschool child is three years of age as of the date of the child's third birthday. The
governing board of a school district may admit otherwise eligible children who are within
ninety days of their third birthday, if it is determined to be in the best interest of
the individual child. Children who are admitted to programs for preschool children prior
to their third birthday are entitled to the same provision of services as if they were
three years of age.
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