Current through Public Act 151 of the 2024 Legislative Session
Section 388.1653a - Special education programs and services; reimbursement of total approved costs; limitation; costs of transportation; allocation(1) For districts, reimbursement for pupils described in subsection (2) is 100% of the total approved costs of operating special education programs and services approved by the department and included in the intermediate district plan adopted under article 3 of the revised school code, MCL 380.1701 to 380.1761, minus the district's foundation allowance calculated under section 20 and minus the district's per-pupil allocation under section 20m. For intermediate districts, the department shall calculate reimbursement for pupils described in subsection (2) in the same manner as for a district, using the foundation allowance under section 20 of the pupil's district of residence, not to exceed the target foundation allowance under section 20 for the current fiscal year plus the amount of the district's per-pupil allocation under section 20m.(2) Reimbursement under subsection (1) is for the following special education pupils:(a) Pupils assigned to a district or intermediate district through the community placement program of the courts or a state agency, if the pupil was a resident of another intermediate district at the time the pupil came under the jurisdiction of the court or a state agency.(b) Pupils who are residents of institutions operated by the department of health and human services.(c) Pupils who are former residents of department of community health institutions for the developmentally disabled who are placed in community settings other than the pupil's home.(d) Pupils enrolled in a department-approved on-grounds educational program longer than 180 days, but not longer than 233 days, at a residential child care institution, if the child care institution offered in 1991-92 an on-grounds educational program longer than 180 days but not longer than 233 days.(e) Pupils placed in a district by a parent for the purpose of seeking a suitable home, if the parent does not reside in the same intermediate district as the district in which the pupil is placed.(3) Only those costs that are clearly and directly attributable to educational programs for pupils described in subsection (2), and that would not have been incurred if the pupils were not being educated in a district or intermediate district, are reimbursable under this section.(4) The costs of transportation are funded under this section and are not reimbursed under section 58.(5) The department shall not allocate more than $10,500,000.00 of the allocation for 2024-2025 in section 51a(1) under this section.Amended by 2024, Act 120,s 74, eff. 10/1/2024.Amended by 2023, Act 103,s 100, eff. 10/1/2023.Amended by 2023, Act 3,s 7, eff. 2/14/2023.Amended by 2022, Act 144,s 79, eff. 10/1/2022.Amended by 2021, Act 48,s 68, eff. 7/13/2021.Amended by 2020, Act 165,s 56, eff. 10/1/2020.Amended by 2019, Act 58,s 49, eff. 10/1/2019.Amended by 2018, Act 265,s 51, eff. 10/1/2018.Amended by 2017, Act 108,s 53, eff. 10/1/2017.Amended by 2016, Act 249,s 55, eff. 10/1/2016.Amended by 2015, Act 85,s 48, eff. 10/1/2015.Amended by 2014, Act 196,s 50, eff. 10/1/2014.Amended by 2013, Act 60,s 45, eff. 10/1/2013.Amended by 2012, Act 201,s 43, eff. 10/1/2012.Amended by 2011, Act 299,s 11, eff. 12/22/2011.Amended by 2011, Act 62,s 36, eff. 10/1/2011.Amended by 2010, Act 110,s 40 , eff. 10/1/2010.Amended by 2009, Act 121,s 41 , eff. 10/19/2009.Amended by 2009, Act 73,s 12 , eff. 7/9/2009.Amended by 2008, Act 268,s 46 , eff. 10/1/2008.Amended by 2007, Act 137,s 44 , eff. 11/8/2007.Amended by 2006, Act 342, s 46, eff. 10/1/2006.Amended by 2005, Act 155, s 39, eff. 10/1/2005.Amended by 2004, Act 351, s 36, eff. 10/1/2004.Amended by 2003, Act 158, s 34, eff. 10/1/2003.Add. 1996, Act 300, Eff. Oct. 1, 1996 ;--Am. 1997, Act 93, Eff. Oct. 1, 1997 ;--Am. 1997, Act 142, Imd. Eff. Nov. 19, 1997 ;--Am. 1998, Act 339, Imd. Eff. Oct. 13, 1998 ;--Am. 1999, Act 119, Imd. Eff. July 20, 1999 ;--Am. 2000, Act 297, Imd. Eff. July 26, 2000 ;--Am. 2001, Act 121, Imd. Eff. Sept. 28, 2001 ;--Am. 2002, Act 191, Imd. Eff. Apr. 26, 2002 ;--Am. 2002, Act 521, Imd. Eff. July 25, 2002.