Current as of: 2010 (a) For the payment of general state aid, children with disabilities shall be counted in the same manner as children who do not have disabilities. (b) [Repealed.] (c) Each school district shall receive an essential early education grant each school year. Grants shall be distributed according to the estimated number of children from three through five years of age. The state board by rule shall encourage coordination of services and may set other terms of the grant. Each district shall be responsible for the remainder of the costs of providing necessary services under section 2956 of this title. Annually, for each following fiscal year, the essential early education grant shall be increased by the most recent cumulative price index, as of November 15, for state and local government purchases of goods and services from fiscal year 2002 through that following fiscal year, as provided through the state's participation in the New England Economic Project. (d), (e) [Repealed.] (f) If a student is being provided education or special education or both in a school operated by the department of corrections or the department of mental health and mental retardation, the agency shall serve the student as if the agency were the school district of residence of the student. (g) Notwithstanding any law to the contrary, a child with a disability who is residing in a state school, hospital or community residential facility or in a state approved private residential facility shall be provided special education in accordance with this chapter by the school district in which the facility is located, provided, however, that this special education may be directly provided by the facility in which the child resides when the child's individualized education and treatment plans indicate that the facility is the most appropriate educational placement for the child. Programs of special education provided by a facility described in this subsection shall be subject to the approval of the commissioner. (h)-(j) [Repealed.] (k) For the costs of students in the custody of the department of corrections, the commissioner of education shall pay for the costs of special education in accordance with the provisions of 28 V.S.A. § 120. (l) [Repealed.] (m) All other state aid to school districts and supervisory unions shall be set forth in subchapter 2 of this chapter. (n) If a student is being provided education or special education, or both in a school operated by the department of social and rehabilitation services, the funding and provision of services shall be the responsibility of the department of social and rehabilitation services and special education procedural responsibility shall be the responsibility of the district of residence of the student's parent, parents, or guardian. (Amended 1961, No. 83; 1969, No. 172 (Adj. Sess.), § 2; 1971, No. 207 (Adj. Sess.), § 4; 1977, No. 194 (Adj. Sess.), §§ 4, 5; 1981, No. 170 (Adj. Sess.), § 6a, eff. April 19, 1982; 1987, No. 235 (Adj. Sess.), §§ 5, 11(6); 1989, No. 107, §§ 2, 3, 12; 1989, No. 230 (Adj. Sess.), § 13, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 6, eff. July 1, 1997; No. 157 (Adj. Sess.), §§ 22, 30(a)(5), (c); 2001, No. 63, § 170c; 2005, No. 182 (Adj. Sess.), § 7.) ________________________________________________________________________
See also:See also:U.S. Code Provisions: Students with Disabilities
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