15-764. Powers and duties of the school district governing board or county school superintendent

A. The governing board of each school district or the county school superintendent shall:

1. Provide special education and related services for all children with disabilities and make such programs and services available to all eligible children with disabilities who are at least three years but less than twenty-two years of age, except that a person who is being provided special education services at the time the person reaches twenty-two years of age shall continue to receive special education services from that school district until the end of that school year.

2. Employ supportive special personnel, which may include a director of special education, for the operation of special school programs and services for exceptional children.

3. To the extent appropriate, educate children with disabilities in the regular education classes. Special classes, separate schooling or other removal of children with disabilities from the regular educational environment shall occur only if, and to the extent that, the nature or severity of the disability is such that education in regular classes, even with the use of supplementary aids and services, cannot be accomplished satisfactorily.

4. Provide necessary specialized transportation in connection with any educational program, class or service as required by the pupil's individualized education program.

5. Establish policy with regard to allowable pupil-teacher ratios and pupil-staff ratios within the school district or county for provision of special education services.

B. The special education programs and services established pursuant to this section and section 15-765 shall be conducted only in a school facility which houses regular education classes or in other facilities approved by the division of special education.

C. The governing body of each school district, county or agency involved in intergovernmental agreements, in cooperation with another school district or districts, may establish special education programs for exceptional children. When two or more governing bodies determine to carry out by joint agreement the duties in regard to the special education programs for exceptional children, the governing bodies, in accordance with state law and the rules of the division of special education, shall establish a written agreement for the provision of services. In such agreements, one governing body of each school district, an agency involved in intergovernmental agreements or the county shall administer the program in accordance with the contract agreement between the school districts. Tuition students may be included in the agreement. The agreement may also include lease-purchase of facilities for the special education programs for exceptional children.

D. The county school superintendent, upon approval of the division of special education, may establish special education programs in the county accommodation schools under the jurisdiction of the superintendent or may cooperate with other school districts by agreement to provide such services for such special programs in accordance with the rules of the division of special education. At the beginning of each school year the county school superintendent shall present an estimate of the current year's accommodation school exceptional programs tuition cost to each school district that has signed an agreement to use the services of the accommodation school. The tuition shall be the estimated per capita cost based on the number of pupils that each school district has estimated will enroll in the program, and the school district shall pay the tuition quarterly in advance on July 1, October 1, January 1 and April 1. Increases in enrollment during the school year over the school district's estimate of July 1 shall cause the tuition charges to be adjusted accordingly. In the event of overpayment by the school district of residence, the necessary adjustment shall be made at the close of the school year.