511 IAC 7-47-1 Application from school corporation of legal settlement or charter school

Sec. 1. (a) To the extent that state funds are appropriated, the secretary of education is authorized, under IC 20-35-6-2, to enter into contracts to fund the excess costs of educating students whose disabilities are of such intensity as to preclude achievement in the existing local public school setting. Excess cost funding may pay for services that include, but are not limited to, the following: (1) A public or private residential program when services in a residential setting are necessary for the student to benefit from special education. (2) Nonresidential services necessary to enable the student to remain in the community without resorting to residential placement or to return to the local community from a residential placement. (b) The division of special education must establish an application process described in a procedure manual that includes requirements for applications of excess cost funding. The division is authorized to revise the procedure manual as needed. (c) A school corporation of legal settlement or a charter school may apply to the division of special education for excess cost funding when a student's CCC has determined, in accordance with 511 IAC 7-42, that a student requires services involving excess costs. However, nothing in this rule restricts a public agency from utilizing its own resources to pay for excess costs. (d) When an application for funding of excess costs has been approved, in whole or in part, the secretary of education will contract, as authorized by IC 20-35-6-2, or arrange an interagency transfer of funds, to pay for excess costs. The school corporation of legal settlement or the charter school must pay a share of the excess costs consisting of its per capita cost of general education, its paraprofessional rate, or transfer tuition. Approval of an application for excess cost funding cannot be retroactive, and expenses incurred prior to the date of approval are not eligible for reimbursement.