79-1132. Special education programs; children less than five years of age; State Department of Education provide grants; to whom; procedure.

The State Department of Education shall provide grants for the costs of the special education programs approved by the State Department of Education to the school district of residence for children with disabilities who are less than five years of age. Educational service units or cooperatives of school districts recognized as regional planning entities by the State Board of Education pursuant to section 79-1135 shall be eligible to receive grants for cooperative programs for such children with disabilities who are less than five years of age if such educational service units or cooperatives have complied with the reporting and approval requirements of such section. The grants shall be one hundred percent of the costs of such programs and shall continue to be one hundred percent as long as the funding for such grants comes from federal funds. For special education programs and transportation provided to children with disabilities who are less than five years of age in fiscal year 1995-96 and each fiscal year thereafter, if federal funding pursuant to the federal Individuals with Disabilities Education Act, as such act existed on May 8, 2001, Part B and section 619 base year allocation flow-through funds is inadequate at any time to pay one hundred percent of the allowable costs of such programs and transportation, the amount of the grant payments provided by the department shall be a pro rata amount as determined by the State Board of Education from appropriations for special education approved by the Legislature and based on such allowable costs for all special education programs and transportation to children with disabilities who are less than five years of age. The grant payments based upon claims submitted shall be made by the State Department of Education to the school district of residence, educational service unit, or regional planning entity recognized by the State Board of Education pursuant to section 79-1135 each year.

Source:Laws 1978, LB 889, § 3; Laws 1980, LB 765, § 1; Laws 1986, LB 942, § 8; R.S.Supp.,1986, § 43-646.02; Laws 1987, LB 367, § 25; Laws 1995, LB 742, § 5; R.S.Supp.,1995, § 79-3325; Laws 1996, LB 900, § 814; Laws 1997, LB 346, § 22; Laws 1998, Spec. Sess., LB 1, § 47; Laws 2001, LB 797, § 44.