3301-53-03 Excess cost charges for county boards of developmental disabilities for special education programs.

(A) As used in this rule, the following definitions apply:

(1) "Excess cost" means the per-pupil educational cost for educating school-age children incurred by the educating county board of developmental disabilities that is in excess of the per-pupil amount received by the county board of developmental disabilities under Chapter 3317. of the Revised Code.

(2) "Individualized education program" means a written statement for a child with a disability that is developed and implemented in accordance with rule 3301-51-07 of the Administrative Code.

(3) "Certified excess cost" means the cost calculated under this rule approved by the Ohio department of education which is the maximum amount of money a county board of developmental disabilities may charge a public school district responsible for tuition of a nonresident student enrolled in a county board of developmental disabilities program.

(4) "County board" means a county board of developmental disabilities.

(B) County boards may charge the school district responsible for tuition an amount of excess cost calculated under this rule when the following occurs:

(1) The school district places or has placed a child with the county board for special education, but another district is responsible for tuition under Chapter 3313. of the Revised Code; and

(2) The child is not a resident of the territory served by the county board.

(C) Excess cost calculations shall be the actual cost per individual pupil for special education and related services that exceeds the amount received from state sources and transfers for such pupils. District submission and review of excess cost reimbursement requests shall be completed within seventy-five calendar days of the close of the education management information system (EMIS) year-end expenditure flow model costs (EFM) and shall include costs incurred for the fiscal year just completed.

(D) Payment of excess cost by the public school district shall be made directly to the educating county board.

(E) Excess cost calculations completed by a county board shall be based on the following and shall apply only to school-age programs:

(1) Expenditures for direct services of the related service providers, teachers and aides, including teacher salary and benefits, instructional supplies, materials and equipment, excluding food service costs, program supervision, building services and maintenance, administrative, and transportation costs; and

(2) Funding reported on the payment report and transportation reimbursement shall be deducted by the Ohio department of education, and the certified excess cost shall be reported to the county board.

Effective: 2/1/2016
Five Year Review (FYR) Dates: 11/12/2015 and 02/01/2021
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3323.142
Rule Amplifies: 3323.142
Prior Effective Dates: 11-1-77; 6-10-88; 7-1-89; 9/24/2005, 10/23/2010