3301-53-03 Excess cost charges for county boards of developmental disabilities for special education programs.

 

 

 

3301-53-03                  Rule for excess Excess cost charges for county boards of mental retardation and developmental disabilities for special education programs.

 

 

 

(A)  As used in this rule, the following definitions apply:

 

(1)     "Excess cost" means the average per-pupil educational cost for educating school-age children incurred by the educating county board of mental retardation and developmental disabilities that is in excess of the per-pupil amount received by the county board of mental retardation and developmental disabilities under Chapters 3306. and Chapter 3317. of the Revised Code.

 

(2)   "Individualized education program" means a written statement for a child with a disability that is developed and implemented in accordance with rule 3301-51-07 of the Administrative Code.

 

(3)   "Certified excess cost" means the cost calculated under this rule approved by the Ohio department of education which is the maximum amount of money a county board of mental retardation and developmental disabilities may charge a public school district responsible for tuition of a nonresident student enrolled in a county board of mental retardation and developmental disabilities program.

 

(4)   "County board" means a county board of mental retardation and developmental disabilities.

 

(B)   County boards may charge the school district responsible for tuition an amount of excess cost calculated under this rule when the following occurs:

 

(1)   The school district places or has placed a child with the county board for special education, but another district is responsible for tuition under Chapter 3313. of the Revised Code; and

 

(2)   The child is not a resident of the territory served by the county board.

 

(C)Contracts shall be established between the public school district  being  assessed excess cost and the educating county board prior to the completion of the individualized education program or thereafter.

 

(D)(C) Excess cost calculations shall be the actual average cost per student individual pupil for special education and related services that exceeds the amount received from state sources and transfers for such pupils of all school-age students enrolled in the county board. The calculation of excess cost shall be completed by December

 

 

first June thirtieth and shall include costs incurred for the fiscal year just completed.

(E)(D) Payment of excess cost by the public school district shall be made directly to the educating county board.

(F)(E) Excess cost calculations completed by a county board shall be based on the following and shall apply only to school-age programs:

(1)    Expenditures for direct services of the teachers and aides, ancillary services excluding food service costs, program supervision, building services and maintenance, administrative, and transportation costs; and

(2)       Funding reported on the MR/DD payment report and transportation reimbursement shall be deducted by the Ohio department of education, and the certified excess cost shall be reported to the county board.

Effective:                                                     10/23/2010

R.C. 119.032 review dates:                         08/06/2010 and 10/23/2015

CERTIFIED ELECTRONICALLY

Certification

10/13/2010

Date

Promulgated Under:                           119.03

Statutory Authority:                           3301.07, 3323.142

Rule Amplifies:                                  3323.142

Prior Effective Dates:                         11-1-77; 6-10-88; 7-1-89; 2-23-04; 9/24/2005