Section 25-2509.8 - Extraordinary special education program expenses(a) The Department of Education shall, for the 1991-1992 school year, the 1994-1995 school year and each school year thereafter, set aside one percent (1%) of the State special education appropriation for extraordinary expenses to be incurred in providing a special education program or service to one or more students with disabilities as approved by the Secretary of Education.(b)(1) Subject to the limitation in clause (2), the Department of Education shall, for the 1992-1993 and 1993-1994 school years, set aside two percent (2%) of the State special education appropriation for extraordinary expenses incurred in providing special education programs or services to one or more students with disabilities as approved by the Secretary of Education.(2) In the 1992-1993 school year, only one-half of the two percent (2%) set aside may be expended immediately, and the other one-half of the amount set aside shall not be expended until all authorized expenditures under sections 2509 , 2509.1, 2509.5, 2509.9 and 2509.10 have been made to the qualified school entities.(c) The Secretary of Education shall establish guidelines for the application, approval, distribution and expenditure of these funds and shall report annually to the General Assembly on such expenditures.(d) For the 2000-2001 school year through the 2002-2003 school year, the Department of Education shall set aside two percent (2%) of the special education appropriation for extraordinary expenses incurred in providing a special education program or service to one or more students with disabilities as approved by the Secretary of Education. (e) For the 2003-2004 school year through the 2013-2014 school year, the department of education shall set aside one percent (1%) of the special education appropriation for extraordinary expenses incurred in providing a special education program or service to one or more students with disabilities as approved by the secretary of education. Such special education program or service shall include, but not be limited to, the transportation of students with disabilities; Services related to occupational therapy, physical therapy, speech and language, hearing impairments or visual impairments; Or training in orientation and mobility for children who are visually impaired or blind. (f)(i) For the 2016-2017 school year and each school year thereafter, an amount equal to one percent (1%) of the special education appropriation shall be distributed to school districts and charter schools for extraordinary expenses incurred in providing a special education program or service to one or more students with disabilities as approved by the secretary of education. Such special education program or service shall include, but not be limited to, the transportation of students with disabilities; Services related to occupational therapy, physical therapy, speech and language, hearing impairments or visual impairments; Or training in orientation and mobility for children who are visually impaired or blind.(ii) Funds distributed to a school district or charter school under this subsection shall be allocated for students for which expenses are incurred on an annual basis that are equal to or greater than seventy-five thousand dollars ($75,000) as follows: (A) For a student for whom expenses are equal to or greater than seventy-five thousand dollars ($75,000) and less than or equal to one hundred thousand dollars ($100,000), subtract the state subsidies paid on behalf of the student to the school district or, for a student enrolled in a charter school, the charter school payment received by the charter school where the child is enrolled from the expense incurred for the student and multiply the difference by the school district's or charter school's market value/personal income aid ratio.(B) For a student for which expenses are greater than one hundred thousand dollars ($100,000), subtract the state subsidies paid on behalf of the student to the school district or, for a student enrolled in a charter school, the charter school payment received by the charter school where the child is enrolled from the expense incurred for the student.(iii) No school district or charter school shall in any school year receive an amount under subclause (i) which exceeds the total amount of funding available multiplied by the percentage equal to the greatest percentage of the state's special education students enrolled in a school district or charter school.Amended by P.L. 716 2016 No. 86, § 16, eff. 7/13/2016.1949, March 10, P.L. 30, No. 14, art. XXV, § 2509.8, added 1991, Aug. 5, P.L. 219, No. 25, § 18, retroactive effective 7/1/1991. Amended 1992, July 9, P.L. 392, No. 85, § 5, retroactive effective 8/5/1991; 1993, June 7, P.L. 49, No. 16, § 23, retroactive effective 7/1/1992; 1995, June 30, P.L. 220, No. 26, § 14, imd. effective; 2000, May 10, P.L. 44, No. 16, § 15, effective 7/1/2000; 2003, Dec. 23, P.L. 304, No. 48, § 33, imd. effective.