115.88 State aid.

(1) Personnel.

(a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class, and any other personnel approved by the department.

(b) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may contract with private or public agencies for substitute teaching and paraprofessional staffing services, physical or occupational therapy services, orientation and mobility training services, educational interpreter services, educational audiology, speech and language therapy, pupil transition services for eligible pupils who are 18 to 21 years old, or any service approved by the state superintendent, on the basis of demonstrated need.

(1m) Program aid.

(a) Subject to par. (b), if the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, charter school established under s. 118.40 (2r) or (2x), and school district maintaining such special education program a sum equal to the amount expended by the county, agency, charter school, and school district during the preceding year for salaries of personnel and services enumerated in sub. (1) (a) and (b) and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

(ag) Subject to par. (b), if the state superintendent is satisfied that the special education program of an operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district has been maintained during the previous school year in accordance with law, the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for salaries of personnel and services enumerated in sub. (1) (a) and (b) and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

(b) The department shall promulgate rules establishing the percentage of the salaries of school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that may be certified under par. (a) as costs eligible for reimbursement. For each category of personnel, the department shall base the percentage on the average percentage of work time that the category spends providing services to children with disabilities, including conducting evaluations under s. 115.782.

(2m) Special or additional transportation; aid.

(a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), or, upon authorization of the county board, a county children with disabilities education board shall provide special or additional transportation as required in the individualized education program developed for the child with a disability under s. 115.787 (2) or as required under s. 121.54 (3). The operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district shall provide special or additional transportation under this paragraph if the contract between the operator and the school board requires the operator to provide the special or additional transportation.

(b) If the state superintendent is satisfied that a school board, board of control, operator of a charter school established under s. 118.40 (2r) or (2x), or county children with disabilities education board has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board, board of control, operator of the charter school, or county children with disabilities education board providing the transportation a sum equal to the amount expended by the school board, board of control, operator of the charter school, or county children with disabilities education board during the previous school year as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b).

(c) If the state superintendent is satisfied that the operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for providing the transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

(3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under s. 115.82 (1) in the special education program. The department shall certify to the department of administration in favor of each school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation an amount equal to the amount expended for such board and lodging and transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

(4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation under s. 20.255 (2) (b). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires.

(6) Aid for instruction outside of district. The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, as determined in advance by the state superintendent, for providing special education outside the school district of employment, as eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

(7) Offsetting receipts. In any school year, the following revenues shall be deducted from costs aidable under this section before aids are calculated under this section:

(a) Any federal operational revenues expended on costs aidable under this section.

(b) That portion of state tuition payments attributable to the special annual tuition rate under s. 121.83 (1) (c), regardless of the school year in which the services were provided. The tuition revenues shall be allocated to the most appropriate part of a program.

(8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.50, 118.51, or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

(9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x) and school district entitled to state aid under this section shall receive 15 percent of its total aid entitlement in each month from November to March and 25 percent of its total entitlement in June.

(10) Audit of eligible costs. The state superintendent may audit costs under this section and adjust the amounts eligible for reimbursement to cover only actual, eligible costs.

History: 1997 a. 164; 1999 a. 9, 117; 2001 a. 16; 2003 a. 321; 2005 a. 25; 2007 a. 221; 2009 a. 160; 2011 a. 105; 2013 a. 255; 2015 a. 55; 2017 a. 59.