Application for Approval of Funding for Residential Placement

A school district may contract for residential placement when the student’s admission, review, and dismissal (ARD) committee determines that a residential placement is necessary in order for the student to receive a free appropriate public education (FAPE). 2

3 Residential Facilities  Facilities must maintain current and valid licensure by the Texas Department of Aging and Disability Services (DADS), Texas Department of Family and Protective Services (DFPS), or Department of State Health Services (DSHS) for the particular disabling condition and age of the student.  A district may contract with a facility to provide some or all of the special education services listed in the student’s individualized education program (IEP). If contracted to provide educational services, the facility must be approved by the commissioner of education.  If the education program of a residential facility which is not approved by the commissioner of education is being considered, the district should notify the Texas Education Agency (TEA) in writing of its intent to place a student at the facility.  Nonpublic Schools for Students with Disabilities Approved for Contracting Purposes Nonpublic Schools for Students with Disabilities Approved for Contracting Purposes  The district shall make an initial and an annual on-site visit to verify that the facility can, and will, provide the services listed in the student’s IEP which the facility has agreed to provide.

4  Districts should coordinate with the Local Intellectual Disability Authority, Mental Health Authority, Community Resource Group, or group of people knowledgeable about the student to determine whether noneducational support services are available that would enable the student to remain in or return to the community. Noneducational Support Services

5 ARD Meeting Before the district places a student in, or refers a student to, a facility, the district shall conduct an ARD committee meeting in accordance with state and federal requirements.  Consider all options and lesser restrictive placements.  List the services which the district is unable to provide and which the facility will provide.  Document the appropriateness of the facility for the student (general screening by an ESC is not sufficient).  Establish, in writing, criteria, and estimated timelines for the student’s return to the district (reintegration plan). If it is not an initial placement, the committee should review and document the student’s progress on the goals/objectives for return to the district.  Verify/document  the facility meets minimum standards for health/safety  residential placement is needed  the educational program provided at the facility is appropriate  the placement is the least restrictive environment  IEP must contain specific goals/objectives addressing the services (academic, related services, behavior therapy, etc.) for which funding is requested.

A school district which intends to contract for residential placement of a student with a residential facility shall notify TEA of its intent to contract for the residential placement through the residential application process. 6

 Fiscal Period for Applications August 1, 2014 – July 31, 2015*  Effective Dates of Approved Applications Application is received at TEA by November 1 st  August 1 st (or the date of placement if the placement is after August 1 st ) Application is received at TEA after November 1 st  Date of placement if the application is received at the TEA within 30 school days of ARD decision; or  Date of TEA receipt if received more than 30 school days after the ARD decision 7 Timeline for the Application Process * continuing applications must use prior year funding through August 31, 2014 prior to requesting current year funding (previous fiscal period ran from September 1 through August 31 )

8 Transitioning to New Funding Period IDEA-B Discretionary Residential applications must exhaust prior year funding through August 31, 2014 prior to requesting current year funding (previous project period ran from September 1 through August 31). Districts may submit applications for the school year but should draw down all funds prior to requesting cash reimbursements from their IDEA-B Discretionary Residential NOGAs.

Funding Year Funding Year August 1, Funding Period Begins Funding Period Ends Example: A application was approved for funding from September 1, 2013 through August 31, The application for funding for the funding period cannot have a start date prior to September 1, 2014 and can not extend past July 31, Example: A application was approved for funding from September 1, 2013 through August 31, The application for funding for the funding period cannot have a start date prior to September 1, 2014 and can not extend past July 31, July 31, 2015 Transitioning to New Funding Period Funding Period Ends August 31, 2014 Districts with continuing applications must use funds prior to applying for funds

10 Districts should contact their ESC to obtain the application packet.  General Procedures and Instructions for Completing the Application for Approval of Funding for Residential Placement  Application for Approval of Funding for Residential Placement  Amended Application for Approval of Funding for Residential Placement  Residential Application Submission Form and Checklist  Sample Agreement Form for Special Education Services  Recommended Reintegration Plan Application Packet

11 Application Documents ESC Stamp-in date Application for Approval of Funding for Residential Placement (pg 1) TEA stamp-in date & HCF indication LEA indicates funding requests

12 Application Documents Application for Approval of Funding for Residential Placement (pg 2) Certification by representative of LIDA/MHA Certification by representative of LEA / Fiscal Agent Statements of assurance

13 Application Documents Application for Approval of Funding for Residential Placement (pg 3) Identify provider of educational services Calculate education services List all IEP documented services for which the facility will provide as listed on the contract cost analysis. Total days of placement as documented in the IEP and contract Total cost for residential placement ( must match contract) Checking for accuracy & A copy of the form provided to the facility

14 Application Documents Amended Application for Approval of Funding for Residential Placement (pg 1) New forms to use when amending applications Directions for submission are on page 1

15 Application Documents Amended Application for Approval of Funding for Residential Placement (pg 2) Student & LEA information Indicate areas being amended (include pg numbers) Facility, placement, and original application information

16 Application Documents Amended Application for Approval of Funding for Residential Placement (pg 3)  Indicate if service is amended  If amended List services provided to date List amended services to be provided (if applicable) Total cost of placement Total days of placement

17 Application Documents Amended Application for Approval of Funding for Residential Placement (example 1) Original application:  Speech Therapy – 2 x week, 104 sessions  Occupational Therapy - 1 x week, 52 sessions  Behavior Therapy – 24 hr day / 7 days week, 365 sessions *******Speech Therapy sessions amended from 2 x week to 1 x week******** Speech services amended – check YES List information for speech sessions prior to amending services List information for speech sessions after amending services OT and behavior therapy not amended -check NO No changes to services

18 Application Documents Amended Application for Approval of Funding for Residential Placement (example 2) Original application:  No change in services  No change in frequency and duration  ARD decision to return student to district campus (fewer days of placement) Speech therapy and behavior therapy amended – check YES Amend number of sessions Amend number of total days of placement

19 Application Documents IEP Schedule of Service Contract Cost Analysis Cost Breakdown Placement dates, services, number of sessions, and costs must match on all documents.

20 Application Documents Residential Application Submission Form and Checklist (pg 1) Combines the old Residential Application Submission Form and Checklist - Residential Application Documentation Form

21 Application Document s Residential Application Submission Form and Checklist (pg 2) Items are grouped into IEP, contract, and application sections Items align with federal and state regulations Dates are required on some items Each item must be initialed and include a page number

22 Application Approval  A residential application may be approved for educational purposes only.  The application shall not be approved if the application indicates that the:  placement is due primarily to the student’s medical problems  placement is due primarily to problems in the student’s home  district does not have a plan, including timelines and criteria, for the student’s return to the local school program  district did not attempt to implement lesser restrictive placements prior to residential placement (except in emergency situations as documented by the ARD committee)  placement is not cost effective when compared with other alternative placements  residential facility provides unfundable/unapprovable services

23 Flowchart Application for Approval of Funding for Residential Placement Blue = district process Green = ESC process Purple = TEA process

34 CFR § Responsibility of SEA 34 CFR § Private school placements by public agencies 34 CFR § State educational agency responsibility 34 CFR § Children with disabilities in parochial or other private schools 34 CFR § Responsibility of state education agency 34 CFR § Responsibility of SEA and other public agencies TEC § Contracts for services; residential placement 19 TAC §89.61 Contracting for residential educational placements for students with disabilities 24 Federal and State Regulations