Special Education Excess Funding

A student with a disability from one district who chooses to attend a charter school in another district may be accepted, just like any other non-resident student, on a space available basis. However, the district in which the student resides is responsible for paying to the charter school any tuition charge for the excess costs incurred in educating the child. Excess cost is the amount of money over and above the district per pupil amount and the federal funds received by virtue of counting the child. When a student with disabilities from one district attends a charter school in another district by choice, the district where the student attends may count the student for both state and federal funds. Salaries for special education personnel, capital outlay, staff travel, etc. can be paid for out of special education funds. Tuition Rate Setting Forms for both special education can be found at http://www.cde.state.co.us/cdespedfin/RateSetting.htm.

The local director of special education should be contacted for assistance in assuring that children with disabilities are served appropriately in a charter school. Arrangements for categorical funding are made with the local administrative unit and the assistance of the director of special education.

Care should be taken to consult with persons knowledgeable about special education requirements and guidelines. These requirements and guidelines are complex and could become the source of difficulty and legal action if they are not followed. Federal law and guidelines regarding the delivery of special education services cannot be waived.

Additional information regarding Special Education can be obtained by calling the Colorado Department of Education Exceptional Student Leadership Unit (formerly known as Special Education) at 303-866-6694. Information can also be found on the CDE website at: http://www.cde.state.co.us/index_special.htm.