Contracts with other districts for special educationalservices--costs, how paid--district must provide services, when.
162.705. 1. If a school district or special district failsor is unable to provide special educational services to eachhandicapped or severely handicapped child as required in sections162.670 to 162.995, the district shall contract with a nearbydistrict or districts or public agency or agencies for suchspecial educational services. If the board of education of thedistrict finds that no adequate program for handicapped orseverely handicapped children is available in nearby districts orthrough public agencies, it may contract with any organizationwithin the state which has programs meeting the standardsestablished by the state board of education. If such districtfails to contract for such services, the state board of educationmay contract for such services with a nearby district ordistricts or public agency or agencies. If the state board ofeducation finds, after investigation by the state department ofeducation, that no adequate program for handicapped or severelyhandicapped children is available in nearby districts or throughpublic agencies, the state board of education may contract withany organization within the state which has programs meeting thestandards established by the state board of education.Assignment of handicapped or severely handicapped children underthis section shall be made to a particular school or programwhich, in the judgment of the state department of elementary andsecondary education, can best provide special educationalservices to meet the needs of the child, and such assignmentshall be made upon the basis of competent evaluation. The stateboard of education may seek the advice of established and ad hocadvisory committees in developing standards for approvingprograms and costs of programs operated by organizations.Nothing contained within this section shall be construed toaffect the provisions of section 162.700 or 162.725.
2. Per pupil costs of contractual arrangements shall be theobligation of the district of residence, except districts whichare part of a special school district, or special district ofresidence; provided, however, that if the contract is withanother district or special district, the district providing theservices under contractual arrangements shall include childrenserved under such contractual arrangements in determining thetotal per pupil cost for which the district of residence isresponsible. If the contract is with a public agency or anorganization, the district of residence shall be entitled toreceive state aid as provided in section 163.031, RSMo, and insection 162.980. Where the state board of education contractsfor special educational services pursuant to subsection 1 of thissection, the state board of education shall submit to theresponsible district a bill for the per pupil cost payable bythat district under the terms of this subsection. Failure of adistrict to pay such cost within ninety days after a bill issubmitted by the state board of education shall result in thededuction of the amount due by the state board of education fromsubsequent payments of state moneys due such district or specialdistrict.
3. If the state board of education determines, afterinspection by the state department of elementary and secondaryeducation and upon the recommendation of the commissioner ofeducation, that handicapped or severely handicapped childrenresiding within the district may better be provided specialeducational services by the district or special district ofresidence, the state board of education shall order the districtto provide special educational services in accordance withsections 162.670 to 162.995.
4. If the state board of education determines, after publichearing before the commissioner of education held in the schooldistrict on due notice, that the district has failed to providespecial educational services in accordance with an order issuedunder subsection 3 of this section, the state board of educationshall withhold all or such portion of the state aid undersections 162.670 to 162.995 and under chapter 163, RSMo, as inits judgment is necessary to require the district to carry outits responsibility under sections 162.670 to 162.995. The denialof state financial assistance hereunder may continue until thefailure to provide special educational services is remedied.
5. No contract shall be made under sections 162.670 to162.995 contrary to the provisions of article I, section 7 orarticle IX, section 8 of the Constitution of Missouri.
Contracts with other districts for special educationalservices--costs, how paid--district must provide services, when.
162.705. 1. If a school district or special district failsor is unable to provide special educational services to eachhandicapped or severely handicapped child as required in sections162.670 to 162.995, the district shall contract with a nearbydistrict or districts or public agency or agencies for suchspecial educational services. If the board of education of thedistrict finds that no adequate program for handicapped orseverely handicapped children is available in nearby districts orthrough public agencies, it may contract with any organizationwithin the state which has programs meeting the standardsestablished by the state board of education. If such districtfails to contract for such services, the state board of educationmay contract for such services with a nearby district ordistricts or public agency or agencies. If the state board ofeducation finds, after investigation by the state department ofeducation, that no adequate program for handicapped or severelyhandicapped children is available in nearby districts or throughpublic agencies, the state board of education may contract withany organization within the state which has programs meeting thestandards established by the state board of education.Assignment of handicapped or severely handicapped children underthis section shall be made to a particular school or programwhich, in the judgment of the state department of elementary andsecondary education, can best provide special educationalservices to meet the needs of the child, and such assignmentshall be made upon the basis of competent evaluation. The stateboard of education may seek the advice of established and ad hocadvisory committees in developing standards for approvingprograms and costs of programs operated by organizations.Nothing contained within this section shall be construed toaffect the provisions of section 162.700 or 162.725.
2. Per pupil costs of contractual arrangements shall be theobligation of the district of residence, except districts whichare part of a special school district, or special district ofresidence; provided, however, that if the contract is withanother district or special district, the district providing theservices under contractual arrangements shall include childrenserved under such contractual arrangements in determining thetotal per pupil cost for which the district of residence isresponsible. If the contract is with a public agency or anorganization, the district of residence shall be entitled toreceive state aid as provided in section 163.031, RSMo, and insection 162.980. Where the state board of education contractsfor special educational services pursuant to subsection 1 of thissection, the state board of education shall submit to theresponsible district a bill for the per pupil cost payable bythat district under the terms of this subsection. Failure of adistrict to pay such cost within ninety days after a bill issubmitted by the state board of education shall result in thededuction of the amount due by the state board of education fromsubsequent payments of state moneys due such district or specialdistrict.
3. If the state board of education determines, afterinspection by the state department of elementary and secondaryeducation and upon the recommendation of the commissioner ofeducation, that handicapped or severely handicapped childrenresiding within the district may better be provided specialeducational services by the district or special district ofresidence, the state board of education shall order the districtto provide special educational services in accordance withsections 162.670 to 162.995.
4. If the state board of education determines, after publichearing before the commissioner of education held in the schooldistrict on due notice, that the district has failed to providespecial educational services in accordance with an order issuedunder subsection 3 of this section, the state board of educationshall withhold all or such portion of the state aid undersections 162.670 to 162.995 and under chapter 163, RSMo, as inits judgment is necessary to require the district to carry outits responsibility under sections 162.670 to 162.995. The denialof state financial assistance hereunder may continue until thefailure to provide special educational services is remedied.
5. No contract shall be made under sections 162.670 to162.995 contrary to the provisions of article I, section 7 orarticle IX, section 8 of the Constitution of Missouri.
Contracts with other districts for special educationalservices--costs, how paid--district must provide services, when.
162.705. 1. If a school district or special district failsor is unable to provide special educational services to eachhandicapped or severely handicapped child as required in sections162.670 to 162.995, the district shall contract with a nearbydistrict or districts or public agency or agencies for suchspecial educational services. If the board of education of thedistrict finds that no adequate program for handicapped orseverely handicapped children is available in nearby districts orthrough public agencies, it may contract with any organizationwithin the state which has programs meeting the standardsestablished by the state board of education. If such districtfails to contract for such services, the state board of educationmay contract for such services with a nearby district ordistricts or public agency or agencies. If the state board ofeducation finds, after investigation by the state department ofeducation, that no adequate program for handicapped or severelyhandicapped children is available in nearby districts or throughpublic agencies, the state board of education may contract withany organization within the state which has programs meeting thestandards established by the state board of education.Assignment of handicapped or severely handicapped children underthis section shall be made to a particular school or programwhich, in the judgment of the state department of elementary andsecondary education, can best provide special educationalservices to meet the needs of the child, and such assignmentshall be made upon the basis of competent evaluation. The stateboard of education may seek the advice of established and ad hocadvisory committees in developing standards for approvingprograms and costs of programs operated by organizations.Nothing contained within this section shall be construed toaffect the provisions of section 162.700 or 162.725.
2. Per pupil costs of contractual arrangements shall be theobligation of the district of residence, except districts whichare part of a special school district, or special district ofresidence; provided, however, that if the contract is withanother district or special district, the district providing theservices under contractual arrangements shall include childrenserved under such contractual arrangements in determining thetotal per pupil cost for which the district of residence isresponsible. If the contract is with a public agency or anorganization, the district of residence shall be entitled toreceive state aid as provided in section 163.031, RSMo, and insection 162.980. Where the state board of education contractsfor special educational services pursuant to subsection 1 of thissection, the state board of education shall submit to theresponsible district a bill for the per pupil cost payable bythat district under the terms of this subsection. Failure of adistrict to pay such cost within ninety days after a bill issubmitted by the state board of education shall result in thededuction of the amount due by the state board of education fromsubsequent payments of state moneys due such district or specialdistrict.
3. If the state board of education determines, afterinspection by the state department of elementary and secondaryeducation and upon the recommendation of the commissioner ofeducation, that handicapped or severely handicapped childrenresiding within the district may better be provided specialeducational services by the district or special district ofresidence, the state board of education shall order the districtto provide special educational services in accordance withsections 162.670 to 162.995.
4. If the state board of education determines, after publichearing before the commissioner of education held in the schooldistrict on due notice, that the district has failed to providespecial educational services in accordance with an order issuedunder subsection 3 of this section, the state board of educationshall withhold all or such portion of the state aid undersections 162.670 to 162.995 and under chapter 163, RSMo, as inits judgment is necessary to require the district to carry outits responsibility under sections 162.670 to 162.995. The denialof state financial assistance hereunder may continue until thefailure to provide special educational services is remedied.
5. No contract shall be made under sections 162.670 to162.995 contrary to the provisions of article I, section 7 orarticle IX, section 8 of the Constitution of Missouri.
