PURPOSE: This rule establishes criteria for making payments to school districts which provide educational services to nondominciled children who are in residential placement arranged by the Department of Mental Health, Department of Social Services or a court of competent jurisdiction.

1. (1) The Department of Elementary and Secondary Education shall expend general revenue appropriated to fund the excess cost of educational services provided to a child— a) whose domicile is in one district but is placed in programs or facilities operated by the Department of Mental Health or resides in another district pursuant to assignment by that department; or b) whose domicile is in 5 CSR 70-742

one district but is placed by the Division of Family Services into any type of publicly contracted residential site in Missouri; or c) whose domicile is in one district but is placed by a court of competent jurisdiction into any type of publicly contracted residential site in Missouri. The Department of Elementary and Secondary Education shall pay the serving school districts the excess cost of services provided, e.g., an amount by which the per pupil costs of the educational services exceeds the funds received from the domiciliary school district and from other sources.

1. (2) Serving school district may submit requests of payment for educational services to the Department of Elementary and Secondary Education, Division of Special Education. Requests for payment will be accepted no later than October 1 following the school year during which billable services were delivered.
2. (3) Serving school district shall use forms prescribed by the Department of Elementary and Secondary Education when submitting requests for payment.
3. (4) The Department of Elementary and Secondary Education will determine excess cost payments based on expenditure data for the first year preceding the delivery of services.
4. (5) Payments to the serving district may be prorated based on funds appropriated for this purpose.

AUTHORITY: section 167.126(4) and (5), RSMo Supp. 1997.* Original rule filed June 21, 1996, effective Jan. 30, 1997. Amended: Filed Sept. 16, 1997, effective March 30, 1998.

*Original authority: 167.126, RSMo 1995, amended 1997.