(1) A district is eligible to receive a special education allowable cost payment for the ensuing fiscal year if it has a special education program. A school district has a special education program if it:

(a) has a resident student reported on the current fiscal year special education child count;

(b) is participating in a cooperative; or

(c) has a written agreement with another public school district or cooperative to provide a special education program in the event a student in need of special education enrolls in the district.

(2) Any residential treatment facility or children's psychiatric hospital that provides education services under contract with the Superintendent of Public Instruction is not eligible to receive special education allowable cost payments.

(3) Nonoperating districts are eligible for reimbursement of disproportionate costs.

(4) A cooperative meeting the requirements of 20-7-457, MCA, is eligible to receive the related services block grants for member districts and an additional amount for administrative and travel costs.

History: 20-9-321, MCA; IMP, 20-7-414, 20-9-321, MCA; NEW, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2007 MAR p. 678, Eff. 5/25/07.