Section 25-2509.13 - Special education funding for student achievement and instruction of eligible students(a)(1) The Department of Education shall utilize the funds under section 2509.8(e) in order to meet, to the extent that funds are available, extraordinary special education expenses not anticipated through the special education funding formula. School districts and charter and cyber charter schools may apply for resources through the fund under procedures established by the Department of Education. The Department of Education shall make payments from the fund in response to the applications.(2) The Department of Education shall issue a comprehensive annual report documenting use of the fund to the General Assembly and shall provide public access to the report.(3) As used in this subsection, "extraordinary special education expenses" shall mean expenses that result from needs and circumstances of an eligible student with significant disabilities which are not ordinarily present in a typical special education service and program delivery system and which have costs exceeding the school district or charter or cyber charter school funding for special education, in order toprovide the student with an appropriate education in the least restrictive environment.(b)(1) To the extent that funds are appropriated any year by the General Assembly, the Department of Education shall establish and implement a competitive grant program for school districts and charter schools meeting the following criteria:(i) Providing instruction within the regular classroom at least eighty percent (80%) of the school day for at least sixty-five percent (65%) of eligible students, as averaged for the two (2) most recent school years for which data are available or increasing the number of eligible students receiving instruction within the regular classroom by at least fifteen percent (15%) in the most recent school year for which data are available.(ii) In the most recent school year for which data are available, performance by eligible students on State academic assessments in reading and math, averaged for the entire district, meeting State standards for adequate yearly progress by any method approved by the Federal and State governments, such as by meeting the annual target, the confidence interval or the safe harbor target or by appeal.(iii) Implementing programs or services that serve as a model of excellence for meeting high standards for inclusion and student achievement through quality special education.(2) The Department of Education shall develop guidelines for the administration of the grant program established under this subsection, which shall be allocated to school districts and charter schools on a competitive basis.(3) The Department of Education shall issue an annual report to the General Assembly documenting use of the grants issued under paragraph (1) and shall provide public access to the report.(4) Nothing under paragraph (1) or any other provision of this act shall alter Federal or State law regarding the protections provided to an eligible student for receiving education in the least restrictive environment or shall alter the legal authority of individualized education program teams to make appropriate program and placement decisions for eligible students in accordance with the individualized education program developed for each eligible student.Added by P.L. 12 2013 No. 3, § 3, eff. 4/25/2013.