49-6-107 - Programs subject to annual appropriations Matching funds Fees and tuition.
49-6-107. Programs subject to annual appropriations Matching funds Fees and tuition.
(a) Programs established under §§ 49-6-103 49-6-106, this section and §§ 49-6-108 49-6-110 shall be subject to annual appropriations.
(b) The commissioner of education shall annually recommend a funding amount per classroom for those classrooms established under §§ 49-6-103 49-6-106, this section and §§ 49-6-108 49-6-110. The commissioner shall take into account the necessary components required to operate such classrooms and, to the extent such components are also reflected in the Basic Education Program (BEP) funding formula, shall include the same costs per component in recommending the amount of funding per classroom.
(c) As a condition of receiving state funds for classrooms pursuant to §§ 49-6-103 49-6-106, this section and §§ 49-6-108 49-6-110, the LEA shall provide a matching amount of funds, based on the applicable state and local BEP classroom component ratio in effect for the LEA in which the program is located. In addition, other sources of funds, such as grants, federal funds and private funds may be used by the LEA to meet the matching funds requirement under this section. The LEA may also meet the matching funds requirement under this section through in-kind matches, including, but not limited to, the use of non-LEA owned physical facilities, instructional materials, equipment and supplies, food and nutrition services and transportation services. Funds used by the LEA to meet the matching requirements of this section, regardless of their source, shall not be used in calculating the maintenance of the local funding effort requirement, pursuant to § 49-3-314. Any local funding shall be subject to annual appropriations by the local governing body.
(d) No child shall be required to pay tuition or fees solely for the purpose of enrolling in or attending a pre-kindergarten program established under §§ 49-6-103 49-6-106, this section and §§ 49-6-108 49-6-110. Nothing in this section prohibits charging fees for childcare that is provided outside the times of the instructional day provided in these programs.
(e) No state funds received for pre-kindergarten programs pursuant to §§ 49-6-103 49-6-106, this section and §§ 49-6-108 49-6-110 shall be used to supplant any other state or local funds for pre-kindergarten programs.
[Acts 2005, ch. 312, § 1.]