43-1505

43-1505. Special provisions; corporate
donations for displaced students and students with disabilities;
definition

A. A school tuition organization that receives contributions for the purposes of
section 28-224.07 or 43-1184 must use at least ninety per cent of those contributions to
provide educational scholarships or tuition grants to qualified students who either:

1. Received a grant or scholarship under title 15, chapter 8, article 1.2 or 8 in
order to attend a qualified school during the 2008-2009 academic year.

2. Attended a governmental primary or secondary school as a full-time student as
defined in section 15-901 for at least the first one hundred days of the prior fiscal
year and transferred from a governmental primary or secondary school to a qualified
school.

3. Qualified for an educational scholarship or tuition grant under paragraph 1 or 2
if the qualified student continues to attend a qualified school in a subsequent year.

B. The amount of an educational scholarship or a tuition grant that is issued by a
school tuition organization under this section shall not exceed the cost of tuition for
the student to attend the qualified school or ninety per cent of the amount of state aid
that otherwise would be computed for the student as provided in title 15, chapter 9,
article 5, whichever is less. On request from a school tuition organization, the
department of education shall provide to the school tuition organization in a timely
manner the amount computed for the student under this subsection that represents the
ninety per cent limitation prescribed in this subsection.

C. A school tuition organization shall require that student beneficiaries use the
educational scholarships or tuition grants on a full-time basis. If a child leaves the
school before completing an entire school year, the school shall refund a prorated amount
of the educational scholarship or tuition grant to the school tuition organization that
issued the scholarship or grant. The school tuition organization shall allocate any
refunds it receives under this subsection for educational scholarships or tuition grants
in the following year.

D. Qualified students who receive an educational scholarship or tuition grant under
this section shall be allowed to attend any qualified school of their custodians' choice.

E. For the purposes of this section, "qualified student" means a student who has
been either:

1. Placed in foster care pursuant to title 8, chapter 5 at any time before the
student graduates from high school or obtains a general equivalency diploma.

2. Identified as having a disability under section 504 of the rehabilitation act
(29 United States Code section 794) or identified by a school district as a child with a
disability as defined in section 15-761 or a child with a disability who is eligible to
receive services from a school district under section 15-763.