72-5393. Same; conditions for provision; location; transportation.
72-5393
72-5393. Same; conditions for provision; location;transportation.Every school district shall provide special education servicesfor exceptional children who residein the school district and attend a private, nonprofitelementary orsecondary school, whether such school is located within or outside theschooldistrict, upon request of a parent or guardian of any such child for theprovision of such services. No school district shall be required toprovide such servicesoutside the school district. Any school district may providespecial education services for exceptional children who attend aprivate,nonprofit elementary or secondary school located within the schooldistrict,whetheror not all such children reside in the school district.Special education services whichare providedunder this section for exceptional children who attend aprivate, nonprofit elementaryor secondary school which is located in the school district may beprovided in the private,nonprofit elementary or secondary school orin the public schools of the school district. The site for theprovision of special educationservices under this section for an exceptional child shall be determined by theschool district in consultation with the parent or guardian of the child andwith officials of the private, nonprofit elementary or secondary school.Special education services provided under this section for exceptional childrenwho attend aprivate, nonprofit elementary or secondary school are subject to the followingrequirements: (a) If the services are provided for in the private, nonprofitelementary or secondary school, amounts expended for the provision of suchservices shallnot be required to exceed the average cost to the school district for theprovision of the same services in the public schools of the school district forchildren within the same category of exceptionality; (b) if the services areprovided for in the public schools of the schooldistrict, the services shall be provided on an equal basis with the provisionof such services for exceptional children attending the public schools;and (c) if the services are provided in thepublic schools of the school district,transportationto and from such public school shall be provided by theschool district.
History: L. 1980, ch. 212, § 2;L. 1999, ch. 116, § 40; July 1.