49-10-404. Contracts for provision or acquisition of equipment or services.
(a) In view of the specialized character of the functions of the unit, it is recognized that its support and utilization on a multistate or regional basis may promote efficiency and economy and may make it possible for more persons in need of special education to receive it. Accordingly, it is the policy of the state to encourage multistate and regional cooperation to that end.
(b) (1) The department of education may enter into contracts with other states or their appropriate educational agencies for the furnishing of services, equipment, materials, supplies or devices by the unit.
(2) The contracts may provide for the carrying on of any one (1) or more functions that the unit is authorized to perform in such manner as to serve schools and school systems, institutions, organizations and persons in the other state or states; provided, that unless the activities covered by the contract are financed entirely by the other state or states, including the maintenance of a separate staff or the pro rata contribution to the salaries and other compensation of staff partly employed for the benefit of one (1) or more other states and this state, no school or school system, institution, organization or person may be furnished with equipment, materials, supplies, devices or training who would be ineligible to receive the same under the laws of this state.
(c) Contracts made pursuant to subsections (a) and (b), this subsection (c) and subsection (d) shall provide for:
(1) Their duration;
(2) Appropriate consideration and the payment of consideration;
(3) The nature and extent of the equipment, materials, supplies, devices and training to be furnished and received;
(4) The performance of inspections and examinations and the making of reports, the evaluation thereof and the granting or denial of benefits on the basis thereof; and
(5) Any other necessary and appropriate matters.
(d) (1) Consideration provided by any contract made with the department pursuant to subsections (a)-(c) and this subsection (d) shall be at least sufficient to cover the cost of any equipment, materials, supplies or devices furnished and an equitable share of the operating costs in connection with any in-service training given to persons from other states.
(2) It shall be a guiding principle for the making of contracts pursuant to subsections (a)-(c) and this subsection (d) that if the use made or to be made of the unit by another state is in excess of ten percent (10%) of the use made by this state and schools and school systems, institutions, organizations or persons in this state, consideration required from the other state shall include an equitable contribution to overhead and capital costs, as well as to operating costs and costs of equipment, materials, supplies and devices furnished.
(e) (1) The commissioner or the commissioner's designated representative is authorized to enter into contracts for the furnishing of equipment, materials, supplies, devices and personnel training that are peculiarly useful in the teaching of children with disabilities.
(2) The commissioner or the commissioner's designated representative may pay the consideration, out of funds available for the consideration, as may be appropriate and equitable in the circumstances.
(3) If another state, public agency or private nonprofit agency establishes and maintains a substantial, specialized program for the development, production, procurement and distribution of special equipment, materials, supplies and devices or for the training of personnel useful in the teaching of children with disabilities, and if the contract or contracts entered into pursuant to this subsection (e) assure this state of substantial benefits therefrom on a continuing basis, consideration paid by the commissioner or the commissioner's designated representative may be calculated to include overhead and capital costs as well as more immediately operational costs and the costs of any articles or services furnished or to be furnished.
(f) (1) Any articles or services secured by or through the commissioner or the commissioner's designated representative pursuant to contracts made under authority of parts 1-3, this part and parts 5 and 6 of this chapter may be made available to any school system, special school or other person and entity entitled to participate in or receive benefits from special services to the disabled.
(2) The ultimate apportionment and bearing the costs as among this state, subdivisions of this state and other persons and entities shall be in accordance with law.
49-10-404. Contracts for provision or acquisition of equipment or services.
(a) In view of the specialized character of the functions of the unit, it is recognized that its support and utilization on a multistate or regional basis may promote efficiency and economy and may make it possible for more persons in need of special education to receive it. Accordingly, it is the policy of the state to encourage multistate and regional cooperation to that end.
(b) (1) The department of education may enter into contracts with other states or their appropriate educational agencies for the furnishing of services, equipment, materials, supplies or devices by the unit.
(2) The contracts may provide for the carrying on of any one (1) or more functions that the unit is authorized to perform in such manner as to serve schools and school systems, institutions, organizations and persons in the other state or states; provided, that unless the activities covered by the contract are financed entirely by the other state or states, including the maintenance of a separate staff or the pro rata contribution to the salaries and other compensation of staff partly employed for the benefit of one (1) or more other states and this state, no school or school system, institution, organization or person may be furnished with equipment, materials, supplies, devices or training who would be ineligible to receive the same under the laws of this state.
(c) Contracts made pursuant to subsections (a) and (b), this subsection (c) and subsection (d) shall provide for:
(1) Their duration;
(2) Appropriate consideration and the payment of consideration;
(3) The nature and extent of the equipment, materials, supplies, devices and training to be furnished and received;
(4) The performance of inspections and examinations and the making of reports, the evaluation thereof and the granting or denial of benefits on the basis thereof; and
(5) Any other necessary and appropriate matters.
(d) (1) Consideration provided by any contract made with the department pursuant to subsections (a)-(c) and this subsection (d) shall be at least sufficient to cover the cost of any equipment, materials, supplies or devices furnished and an equitable share of the operating costs in connection with any in-service training given to persons from other states.
(2) It shall be a guiding principle for the making of contracts pursuant to subsections (a)-(c) and this subsection (d) that if the use made or to be made of the unit by another state is in excess of ten percent (10%) of the use made by this state and schools and school systems, institutions, organizations or persons in this state, consideration required from the other state shall include an equitable contribution to overhead and capital costs, as well as to operating costs and costs of equipment, materials, supplies and devices furnished.
(e) (1) The commissioner or the commissioner's designated representative is authorized to enter into contracts for the furnishing of equipment, materials, supplies, devices and personnel training that are peculiarly useful in the teaching of children with disabilities.
(2) The commissioner or the commissioner's designated representative may pay the consideration, out of funds available for the consideration, as may be appropriate and equitable in the circumstances.
(3) If another state, public agency or private nonprofit agency establishes and maintains a substantial, specialized program for the development, production, procurement and distribution of special equipment, materials, supplies and devices or for the training of personnel useful in the teaching of children with disabilities, and if the contract or contracts entered into pursuant to this subsection (e) assure this state of substantial benefits therefrom on a continuing basis, consideration paid by the commissioner or the commissioner's designated representative may be calculated to include overhead and capital costs as well as more immediately operational costs and the costs of any articles or services furnished or to be furnished.
(f) (1) Any articles or services secured by or through the commissioner or the commissioner's designated representative pursuant to contracts made under authority of parts 1-3, this part and parts 5 and 6 of this chapter may be made available to any school system, special school or other person and entity entitled to participate in or receive benefits from special services to the disabled.
(2) The ultimate apportionment and bearing the costs as among this state, subdivisions of this state and other persons and entities shall be in accordance with law.
49-10-404. Contracts for provision or acquisition of equipment or services.
(a) In view of the specialized character of the functions of the unit, it is recognized that its support and utilization on a multistate or regional basis may promote efficiency and economy and may make it possible for more persons in need of special education to receive it. Accordingly, it is the policy of the state to encourage multistate and regional cooperation to that end.
(b) (1) The department of education may enter into contracts with other states or their appropriate educational agencies for the furnishing of services, equipment, materials, supplies or devices by the unit.
(2) The contracts may provide for the carrying on of any one (1) or more functions that the unit is authorized to perform in such manner as to serve schools and school systems, institutions, organizations and persons in the other state or states; provided, that unless the activities covered by the contract are financed entirely by the other state or states, including the maintenance of a separate staff or the pro rata contribution to the salaries and other compensation of staff partly employed for the benefit of one (1) or more other states and this state, no school or school system, institution, organization or person may be furnished with equipment, materials, supplies, devices or training who would be ineligible to receive the same under the laws of this state.
(c) Contracts made pursuant to subsections (a) and (b), this subsection (c) and subsection (d) shall provide for:
(1) Their duration;
(2) Appropriate consideration and the payment of consideration;
(3) The nature and extent of the equipment, materials, supplies, devices and training to be furnished and received;
(4) The performance of inspections and examinations and the making of reports, the evaluation thereof and the granting or denial of benefits on the basis thereof; and
(5) Any other necessary and appropriate matters.
(d) (1) Consideration provided by any contract made with the department pursuant to subsections (a)-(c) and this subsection (d) shall be at least sufficient to cover the cost of any equipment, materials, supplies or devices furnished and an equitable share of the operating costs in connection with any in-service training given to persons from other states.
(2) It shall be a guiding principle for the making of contracts pursuant to subsections (a)-(c) and this subsection (d) that if the use made or to be made of the unit by another state is in excess of ten percent (10%) of the use made by this state and schools and school systems, institutions, organizations or persons in this state, consideration required from the other state shall include an equitable contribution to overhead and capital costs, as well as to operating costs and costs of equipment, materials, supplies and devices furnished.
(e) (1) The commissioner or the commissioner's designated representative is authorized to enter into contracts for the furnishing of equipment, materials, supplies, devices and personnel training that are peculiarly useful in the teaching of children with disabilities.
(2) The commissioner or the commissioner's designated representative may pay the consideration, out of funds available for the consideration, as may be appropriate and equitable in the circumstances.
(3) If another state, public agency or private nonprofit agency establishes and maintains a substantial, specialized program for the development, production, procurement and distribution of special equipment, materials, supplies and devices or for the training of personnel useful in the teaching of children with disabilities, and if the contract or contracts entered into pursuant to this subsection (e) assure this state of substantial benefits therefrom on a continuing basis, consideration paid by the commissioner or the commissioner's designated representative may be calculated to include overhead and capital costs as well as more immediately operational costs and the costs of any articles or services furnished or to be furnished.
(f) (1) Any articles or services secured by or through the commissioner or the commissioner's designated representative pursuant to contracts made under authority of parts 1-3, this part and parts 5 and 6 of this chapter may be made available to any school system, special school or other person and entity entitled to participate in or receive benefits from special services to the disabled.
(2) The ultimate apportionment and bearing the costs as among this state, subdivisions of this state and other persons and entities shall be in accordance with law.
