(a) The secretary of education may contract with in-state or out-of-state public and private schools, state agencies, or child caring institutions (as defined in IC 12-7-2-29(1)) to pay, with any funds appropriated for this purpose, the excess costs of educating children of school age:(1) who have been identified as eligible for special education services; and(2) whose disability is of such intensity as to preclude achievement in the existing local public school setting.The state shall pay the costs of the services that exceed the amount a school corporation is required to pay, as determined by the department under subsection (b).(b) The department shall determine the amount a school corporation must pay before the state will pay excess costs described in subsection (a). At a minimum, school corporations shall pay their share of the total tuition costs for children with disabilities served under this section.(c) The state board shall adopt rules under IC 4-22-2 necessary to implement this section.(d) Money appropriated for the purposes of this section does not revert to the state general fund.[Pre-2005 Elementary and Secondary Education Recodification Citation: ssary to implement this section.(d) Money appropriated for the purposes of this section does not revert to the state general fund.[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-19.]As added by P.L.1-2005, SEC.19. Amended by P.L.43-2021, SEC.118; P.L.245-2023, SEC.12.
Indiana Legal Code