The authority shall include due process reimbursement in its self-insured retention risk pool. Each year, the legislature shall authorize the board to collect the due process reimbursement premium from member districts and charter schools to cover the cost of due process reimbursement. From the authorization, the board shall allocate due process reimbursement premiums based on a school district's or charter school's claims experience and other criteria determined by the board. A single due process reimbursement shall not exceed one hundred thousand dollars ($100,000).
Prior to the beginning of each fiscal year, the authority shall determine the amount of money available in the fund for special education due process reimbursements. The authority shall set forth in its general liability memorandum of coverage the provisions for distribution of that amount for due process reimbursements to school districts and charter schools, including:
A. the process by which school districts and charter schools submit claims for reimbursement by the end of the fiscal year; and
B. the method for distributing the money available to school districts and charter schools on a pro rata basis if the available money is not sufficient to cover all claims.
History: Laws 2007, ch. 236, § 3; 2008, ch. 56, § 2.
ANNOTATIONSThe 2008 amendment, effective July 1, 2008, decreased the maximum single due process reimbursement from $300,000 to $100,000 and added the last paragraph.