15-1184. Vouchers; requirements; budgets; prohibited uses

A. The director of the division of special education shall develop requirements for the approval of vouchers, as provided in this section, including the following:

1. For a special education residential placement voucher, documentation that the requirements of section 15-765 have been met.

2. For an initial residential education voucher, documentation that the requirements of section 15-1183, subsection B have been met.

3. For a continuing residential education voucher, documentation that the requirements of section 15-1183, subsection C have been met.

B. The home school district shall consider recommendations from the state placing agency when determining whether the child should be placed solely in the private residential facility or should be placed for part of the school day in a school operated by a school district as provided in section 15-1185.

C. The private residential facility must demonstrate that previously received voucher monies were spent appropriately.

D. If approved, the appropriate voucher shall be issued in an amount not exceeding the sum of the following and shall be paid directly to the private residential facility in a manner prescribed by the superintendent of public instruction:

1. For group A and for placements not requiring special education services, the base level multiplied by two.

2. For group B, the sum of the support level weight as provided in section 15-943, paragraph 2, subdivision (a) for kindergarten programs through grade eight or for grades nine through twelve, whichever is appropriate, and the support level weight for the category, multiplied by the base level.

3. For both group A and group B, two hundred forty dollars for capital outlay costs or related services and fifty dollars for transportation or related services costs. Beginning with fiscal year 1991-1992, the amounts provided in this paragraph for capital outlay and transportation are increased by the growth rate prescribed by law, subject to appropriation.

E. When an initial residential education voucher expires the funding for the initial residential education voucher shall be paid directly to the private facility from the date of initial placement until the date on which the voucher expires pursuant to section 15-1183.

F. For the purpose of this article, the chief official of each state placing agency and the superintendent of public instruction shall jointly prescribe a uniform budgeting format to be submitted by each private institution and to be used in determining instructional costs and residential costs of persons placed.

G. Any residential special education placement or residential education voucher issued pursuant to this article shall not be used in any private residential facility that discriminates on the basis of race, religion, creed, color, national origin or disability.

H. Voucher monies shall only be spent to provide education and related services to children placed as provided in this article. The state board of education may withhold funding from an institution for noncompliance with any applicable statute or any applicable rule adopted by the state board.

I. The individualized education program for any child requiring a residential special education placement must include exit criteria that indicate when the educational placement of the child shall be reviewed in order to determine whether the child can be moved to a less restrictive placement.