15-771. Preschool programs for children with disabilities; definition

A. Each school district shall make available an educational program for preschool children with disabilities who reside in the school district and who are not already receiving services that have been provided through the department of education. A charter school may choose to make available an educational program for preschool children with disabilities. The state board of education shall prescribe rules for use by school districts in the provision of educational programs for preschool children with disabilities. School districts are required to, and charter schools may, make available educational programs for preschool children who meet the definition of one of the conditions prescribed in paragraphs 1 through 5 of this subsection. For the purposes of calculating average daily membership, school districts and charter schools may count only those preschool children who meet the definition of one of the following conditions:

1. Hearing impairment.

2. Visual impairment.

3. Developmental delay.

4. Preschool severe delay.

5. Speech/language impairment.

B. The state board of education shall annually distribute to school districts and charter schools that choose to provide preschool programs pursuant to this section at least ten per cent of the monies it receives under 20 United States Code section 1411(c)(2) for preschool programs for children with disabilities. The state board shall prescribe rules for the distribution of the monies to school districts and charter schools.

C. The governing board of a school district or the appropriate approving body of a charter school may submit a proposal to the state board of education as prescribed by the state board to receive monies for preschool programs for children with disabilities as provided in this section. A school district that receives monies as provided in this section shall include the monies in the special projects section of the budget as provided in section 15-903, subsection F.

D. All school districts shall cooperate, if appropriate, with community organizations that provide services to preschool children with disabilities in the provision of the district's preschool program for children with disabilities.

E. A school district or charter school may not admit a child to a preschool program for children with disabilities unless the child is evaluated and recommended for placement as provided in sections 15-766 and 15-767.

F. For the purpose of allocating monies pursuant to 20 United States Code section 1419(g)(1)(B)(i), " jurisdiction" includes high school pupils whose parents reside within the boundaries of a common school district. The common school district shall ensure such high school pupils are not counted by any other school district.

G. For the purposes of this section, " preschool child" means a child who is at least three years of age but who has not reached the age required for kindergarten. A preschool child is three years of age as of the date of the child's third birthday. The governing board of a school district or the appropriate approving body of a charter school may admit otherwise eligible children who are within ninety days of their third birthday, if it is determined to be in the best interest of the individual child. Children who are admitted to programs for preschool children before their third birthday are entitled to the same provision of services as if they were three years of age.