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Special Education Leadership
Conference 2010September
27th
September 28th
September 29th
Office of Special Programs (OSP)
Academy For New Special Education
Directors
September 27, 2010
Data Sources
WelcomePhyllis Veith
Assistant DirectorOffice of Special Programs
ProgramImprovement
Professional Development
Dr. Steven PaineSuperintendent
West Virginia Department of Education
Support Services
Curriculum &
Instruction
Technical &
Adult Ed.
System of Support
Legal
Communi-cations
Human Resources
School Finance
Internal Operations
Information Systems
What Do New Special Education Directors
Need to Know?Pat Homberg
Executive DirectorOffice of Special Programs
OSPData
OSP Targeted Programs
OSPMonitoring
OSPFiscal
OSPCommuni-
cations
OSPProfessional Development
OSPProgram
Improvement
OSPAccountability
New Directors
Legal Foundations
Data Collection
ResourcesStaffing
FinanceProfessional Development
Making the Connection
New Special Education Directors2010 - 2011
New
Directors Cabell…………………..Karen Veazy Fayette…………………David Cavalier Gilmer………………….Patty Louther Hampshire…………..Russ Conrad Marshall……………….Shelby Haines Mason………………….John Lehew Monongalia………….Tiffany Barnett Morgan………………..Terry Riley Pocahontas………….Diane Delfino Putnam………………..Annette Pratt Ritchie………………….Deborah Bever Upshur…………………Tina Lou Edwards Lincoln………………...Dana Snyder
Who Can Help?
RESA Directors
Who Can Help?
OSP Monitors
Who Can Help?Office of Special Programs (OSP)
Organizational Chart
Office of Special Programs (PreK-12)Executive Director: Pat Homberg
Fiscal/ Data/ Targeted Programs
Program Improvement/ Professional Development
Monitoring/ Accountability
Assistant Director: Sandra McQuain
Assistant Director: Phyllis Veith
Assistant Director: Ghaski Browning
Coordinators:
Annette CareyLanai JenningsRuth Ann King
Vickie MohnackyBetsy Peterson
Coordinators:
Francie ClarkMary Pat FarrellGinger HuffmanKathy KnightonEllen OdermanLinda Palenchar
Karen RuddleAllen Sexton
Valerie Wilson
Coordinators:
Debbie AshwellMatt Dotson
Loraine ElswickKathy Hudnall
Ann MonterossoAllen Sexton
Vacant
Who Can Help?
Coordinators
What Do You Need To Know?
Policy 2419: Regulations for the Education of Students with Exceptionalities
Policy 2419
Child Find
Multidisciplinary Evaluation
Eligibility
Individualized Education Program
Procedural Safeguards
Discipline
What Will Be Monitored?
WV Policy 2419 Indicator Checklist
Full Instructional Day
Classrooms in proximity to age appropriate peers
Classrooms adequate/ comparable
Child Find activities
Developmental/ sweep screening 3-5 year olds with
timelines
Summary of Performance on file
Reevaluation/ Annual Reviews within timelines
Clearly documenting EC Data
Students served with age-appropriate peers
Transfer of rights provided 1 year prior to 18
File reviews meet 80% compliance
Per period caseload limits are met
Discipline procedures followed when it is not change
of placement
Discipline procedures followed when it is change of
placement
All services on IEP implemented
Reports submitted on time
Confidentiality requirements followed
Procedural Safeguards provided
Prior Written Notice provided
VISION Is Seeing The OPPORTUNITY Inside The CHALLENGE
OSPData
OSP Targeted Programs
OSPFiscal
OSPCommuni-
cations
OSPProfessional Development
OSPAccountability
OSPProgram
Improvement
OSPMonitoring
Special Education Legal Foundations
Dr. Sandra McQuainAssistant Director
Office of Special Programs
Fiscal Data Targeted Programs
What is due process?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Fourteenth AmendmentSection 1
Brown v. Board Of Education 347 U.S. 483 (1954)
PARC v. Commonwealth – 1972 ◦ All children can learn◦ Denial of due process◦ Equal protection - FAPE; equal opportunity for
ed/training appropriate to child’s capacity◦ Differing resources for differing objectives
◦ 343 F. Supp. 279 (E.D. Pa. 1972),
Early Legal Foundations of Special Education
Failure to provide education to exceptional students
Excluding, suspending, reassigning without due process (hearing)
Compulsory attendance laws presuppose availability of education
Interest in educating children must outweigh preserving financial resources
348 F.Supp. 866 (D. DC 1972)
Mills v. D.C. Bd. Of Educ. (1972)
Notice and consent Two types of notice:
◦ Notice of/opportunity to attend meetings; ◦ Notice of proposal/refusal to initiate/change a
student’s identification, evaluation, educational placement or free, appropriate public education
◦ Consent - initial evaluation/reevaluation, initial placement
◦ Parent’s right to revoke consent
Due Process and Parent Participation
A description of the action proposed or refused by the district;
An explanation of why the district proposes or refuses to take the action;
A description of each evaluation procedure, assessment, record, or report that the district used as a basis for the proposed or refused action;
Content of Prior Written Notice
A description of other options the IEP Team considered and the reasons why those options were rejected;
A description of other factors relevant to the district’s proposal or refusal;
A statement that the parent/adult student has special education rights and if notice is not an initial referral for evaluation, a description of how to obtain a copy of the Procedural Safeguards Notice; and
Sources to contact in obtaining assistance in understanding their Procedural Safeguards Notice.
Content of PWN (con’t)
Established through:Case lawState mandatesFederal statutesFederal regulationsPolicies and proceduresInterpretations
Right to Special Education
U.S. ConstitutionFederal Statutes
Public Law United States Code (20 USC §1400 et seq)
Federal regulations Code of Federal Regulations (34 CFR §300 )
Federal Case LawU.S. Supreme Court (U.S or Sup. Ct.)
U.S. Court of Appeals – 4th Cir.; F. 2d; F 3d U. S. District Court – S.D. WVa.; F. Supp.
Hierarchy of Law
WV ConstitutionWV State Courts
WV Code - §18-20-1Administrative Regulations:
WV Board of Education Policy Policy 2419: Regulations for the Education of
Students with Exceptionalities Policy 4350: Procedures for the Collection,
Maintenance and Disclosure of Student Data
Hierarchy of Law
Free appropriate public education (FAPE)Zero rejectDue processProtection in evaluationLeast restrictive environmentParent participationConfidentiality of student records
Education for All Handicapped Children Act
PL 94-142 – EHA (1975)
Nondiscriminatory methods and materialsUse more than one measureValidated for useGiven in native language/mode of
communication
Protection in Evaluation
What is FAPE?
Special education and related services: At public expense Meets state standards Includes preschool, elementary,
secondary Provided in accordance with an IEP
Board of Educ. v. Rowley, 458 U. S. 176, 1982 Irving Ind. Sch. Dist. v. Tatro
J.H. ex rel. J.D. v. Henrico County School Board, 326 F.3d 560 (4th Cir. 2003) ESY
Free Appropriate Public Education
Free, appropriate public education:
The IEP should be formulated in accordance with the act
If the student is in regular classes, the IEP should be reasonably calculated to provide educational benefit
Bd. of Ed. of Hendrick Hudson Sch. Dist. V. Rowley (1982)
ALL STUDENTS CAN LEARN
ALL STUDENTS HAVE A RIGHT TO EDUCATION
Timothy W. v. Rochester, N.H. Sch. Dist., 875 F. 2d 954 (1st Cir., 1989)
Zero Reject
Clean intermittent catheterization
Three-pronged test: The student has a disability and requires
special education The service is necessary for the child to
benefit from special education A nurse or other qualified provider who is
not a physician can provide the service
Irving Ind. Sch. Dist. v. Tatro468 U.S. 883 (1984)
Stay put prevents exclusion of students with disabilities from school
Student may be temporarily suspended up to ten days for immediate safety threat
School officials may go to court to request a temporary restraining order or Honig injunction
Congress subsequently amended the law
Honig v. Doe484 U.S. 305 (1988)
Access to general curriculumExtended school year when needed for
FAPEServices for students removed from schoolAccountability for student progressPositive behavior interventionsUnilateral removal by school officials for
weapons and drugsMore emphasis on parent participation
Requirements addedIDEA 97
What is least restrictive
environment?
To the maximum extent appropriate, students with disabilities are educated with those who are not disabled.
Removal from regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with supplementary aids/services cannot be achieved satisfactorily.
Least Restrictive Environment
Determined annually, based on IEPAs close as possible to student’s homeContinuum of alternative placementsConsideration of harmful effects on the
child/quality of services Not removed solely because of needed
modification in general curriculum
Placement
Two-pronged approach to determine whether an IEP places a student in the least restrictive environment:
1. Consider whether education in the general education classroom with supplementary services can be achieved satisfactorily
2. If not, determine whether the student is included to the maximum extent appropriate
Daniel R.R. v. State Bd. Of Educ.874 F2d 1036 (5th Cir. 1989)
Access to the general curriculum added to IEP:
Statement of present levels of educational performance, including effect of disability on involvement and progress in the general curriculum
Statement of measurable annual goals to enable the student to progress in the general curriculum
Requirements added: IDEA 97
Began to align IDEA with ESEA Assessment for all students Special education teachers must be highly
qualified School wide programs Special rule for eligibility determination
Requirements addedIDEA 2004
Changed eligibility for SLD
Provide a special rule for eligibility determination.
A child must not be determined to be a child with a disability under 34 CFR Part 300 if the determinant factor for that determination is lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA);lack of appropriate instruction in math; or limited English proficiency.[34 CFR 300.306(b)(1)] [20 U.S.C. 1414(b)(5)]
IDEA 2004
Discipline ◦ Added unilateral removal for “serious bodily injury”◦ Changed definition of manifestation – “caused by or
direct/substantial relationship to the disability
Disproportionality◦ Race/ethnicity identification◦ Suspension
Coordinated Early Intervening Services
Funding
http://idea.ed.gov/explore/home
IDEA 2004
What are procedural
safeguards?
Prior written notice Independent Educational Evaluation Surrogate parent Complaints Due process hearings Mediation Access to records Discipline Unilateral placement by parents Civil actions/attorney fees
Procedural Safeguards
U.S. Dept. of Educ. IDEA Resources http://idea.ed.gov/explore/home
LRP Publications http://www.lrp.com/
Thompson Publishing www.thompson.com
Wrightslaw http://www.wrightslaw.com/
Resources
Break
15:00 minutes
GO
Special Education Finance
Dr. Sandra McQuainAssistant Director
Office of Special Programs
Fiscal Data Targeted Programs
AgendaDistribution of IDEA entitlement fundsAllowable costs/use of fundsHigh Cost Fund – IDEA
Out-of-State/Out-of-County (state aid) Assistive technology
Excess costMaintenance of effortCoordinated Early Intervening ServicesPrivate schoolsFederal grants management and compliance
Timely liquidation Budget transfers Inventory management Time and effort
PROGRAM OBJECTIVESIDEA 2004 Special Education
Section 611, Part B Section 619, Preschool
Students 3-21 Students 3-5
School Age Preschool
CFDA: 84.027 CFDA: 84.127
1) children with disabilities have available to them a free appropriate education (FAPE)
2) protect rights
3) assist agencies, districts with the education of students with disabilities (SWDs)
4) assess and ensure effectiveness of efforts to educate children with disabilities
IDEA Regulations: DISTRIBUTION OF
FUNDS Distribution of funds (34 CFR §§300.704-300-705; 300.812-
300.817)
High risk pool (34 CFR §300.704(c)) Formulas and process for state and LEA allocations
Allocations
Children placed in private schools by their parents (34 CFR §300.133)
Least restrictive environment (LRE) (funding mechanisms) (34 CFR §300.114)
High Cost Expenditure Fund
LOGISTICS – Flow Through
December-OSP submits projected IDEA funding amounts to Finance
February 1 – Annual Performance Report March-LEAs complete CSADA as part of needs
assessment for strategic plans/LEA application April/May-Instructions for completion of on-line
plan and funding amounts for the upcoming year are distributed to LEAs
June-July-LEA on-line plans due to OSP for review.
July-ongoing- Submitted applications are reviewed & upon approval grants are issued.
NOTE: SEA receives federal awards in July and October. LEA may obligate up to 25% of total award prior to October 1.
LEA Entitlement - “Flow Through”
Entitlement Amount = Base + Population + Poverty
Base Allocation (students with disabilities 1998/1996)
Population/Poverty Amount = Entitlement – Base
Population Amount = 85% [Entitlement – Base] (allocated to LEAs based on most recent public and private school enrollment)
Poverty Amount =15% [Entitlement – Base] (allocated to LEAs based on most recent count of students eligible for free/reduced lunch)
Allowable Cost
§ 300.202 Use of amounts. Must be expended in accordance with the
applicable provisions of this part. Must be used only to pay the excess costs
of providing special education and related services to children with disabilities.
Must be used to supplement State, local, and other Federal funds and not to supplant those funds.
Additional Allowable Cost Considerations in IDEA/ARRA
May use IDEA funds for special education, related services and supplementary aids and services for students with disabilities in the general education classroom or other settings; incidental benefit to other students who are not students with disabilities is allowed
May use up to 15% of total IDEA and IDEA ARRA (school age and preschool) funds for Coordinated Early Intervening Services for students not identified with disabilities
Additional Allowable Cost Considerations in IDEA 2004
High cost consortia To purchase technology for data/IEP case
management For schoolwide Title I/IDEA program; limited
to per pupil allocation x number of students with disabilities in the program
Must spend calculated proportionate amount of IDEA funds on students parentally placed in private schools within the district calculated on total IDEA and IDEA ARRA amount.
IDEA Regulations - Use of Funds
Maintenance of state financial support (34 CFR
§§300.163-300.164)
Local educational agency (LEA) maintenance of
effort (34 CFR §§300.203—300.204)
Non-supplanting (state-level) (34 CFR §300.162(c))
Excess cost (34 CFR §§300.16 and 300.202)
Use for allowable costs of special education and
related services (34 CFR §300.202)
Commingling (34 CFR §300.162(b))
Early intervening services (34 CFR §300.226)
59
High Cost Fund
High Cost Fund For the purpose of assisting districts in
addressing the needs of high need students with disabilities, each State has the option to reserve for each fiscal year 10% of the amount it reserves for State-level activities.
Each State must: develop and make available a high cost
plan consult with districts develop a funding mechanism and
schedule for fund distribution
61
High Cost Expenditure Fund
Stakeholder involvementDefinition: Individual application for an
eligible SWD who:is 3-21 years of agehas a current IEPlives within the LEA requesting funds or
receives special education and related services within the LEA
cost is equal to or greater than $45,000 per year
62
High Cost Expenditure Fund
FY 2010 - $761,148 (IDEA) and $240,000 State High Acuity› Distributed semi-annually based upon the
submission and approval of an application for reimbursement.
› One half total amount available each semester.
› If requests exceed the amount available, reimbursements will be pro-rated. If a balance remains after first semester, the balance will be carried forward and will be added to the distribution available in the following semester.
High Cost – Eligible Expenses
Costs required to provide direct special education and related services, as identified in the student’s IEP.
Personnel (teachers, aides, service providers) Including extended school year
Evaluations recommended by IEP team and documented on IEP
Supplementary classroom materials for specially designed instruction
Assistive technology services or devices identified on the student’s IEP
Equipment (mats, prone stander) Construction (ramp, handicap accessible
bathroom) Special transportation
High Cost – Excluded and Included Categories for Eligibility
Excluded – Out-of-State Placements› Students with disabilities placed out-of-state by a
district may not be submitted for reimbursement through the High Cost Expenditure Fund.
Included – Out-of-County Placements› Students placed into a district by another agency
(i.e. foster care and emergency shelters), but all aforementioned criteria must also be met.
› Reimbursement will not be provided under both high need and out-of-county funding reimbursement mechanisms. Must be one or the other.
High Cost Expenditure Fund continued
Criteria for LEA Participation (for FY 2011)Approved FY-11 ApplicationApproved Policies and ProceduresApproved Corrective Action Plans and/or
Improvement PlansOther funds have been expendedNo expiring or returned federal or state funds
66
High Cost – FY 11 Semesters
Semesters Due DatesJuly 1, 2010 – Dec. 31, 2010 mid Feb.
2011Jan. 1, 2011 – June 30, 2011 mid Aug.
2011
FY 2010 2nd Semester application for period January 1, 2010 – June 30, 2010 due August 12, 2010.
Other Funding Available through
OSP
Out-of-State Reimbursement
Out-of-County Reimbursement
Assistive Technology Reimbursement
Funds for Out-of-State Instruction
$300,000 – State Funds Funds are divided equally between two semesters and are
disbursed based on the number of districts requesting reimbursement per semester, but in no case exceed the total request made for reimbursement by the district.
LEAs submit application for reimbursement for students placed out of the state by determination of the IEP
process.
Memo and application from OSP mailed electronically in November of each year and applications are due in
January and March (depending on semester). Receipts for costs are then due in February and April.*
*Also posted on website each year when updated for current year.
Funds for Reimbursement for the Education of Students with
Exceptionalities Placed by Other State Agencies (Out-of-County)
$558,935 – State FundsFunds are prorated based on the individual county’s request to the sum of all requests received.LEAs submit application for reimbursement for students who have been placed in by DHHR or the Department of Corrections in counties that are not the students’ home counties.Memo and application from OSP mailed electronically in March of each year and applications are due the last Friday in the month of April.**Also posted on website each year when updated for current year.
Reimbursement for purchase of Assistive Technology Devices
$100,000 – IDEA FundsApplications may be submitted at any time
throughout year. Contact Kathy Knighton for additional information. Application is available on
the OSP [email protected]
*Also posted on website each year when updated for current year.
Excess Cost
Excess CostThe excess cost requirement prevents an LEA from
using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to paragraph (b)(1)(ii) of this section.
Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary or secondary student.
Excess Cost – Elementary vs. Secondary
Section 602(8) of the Act and §300.16 require the LEA to compute the minimum average amount separately for children with disabilities in its elementary schools and for children with disabilities in secondary schools. The formula for these calculations is provided in 34 CFR, Appendix A to Part 300.
The form and calculations to meet this requirement are under the Compliance Section of the LEAs on-line strategic plan.
Maintenance of Effort
77
Part B LEA MOE LEA MOE Requirement: Eligibility
In order to determine an LEA’s eligibility for a Part B allocation, the SEA must ensure that:With certain exceptions, an LEA budgets for the education of children with disabilities at least the same total or per capita amount of either local, or State and local, funds as it spent from those same sources in the most recent prior year for which the information is available
See 34 CFR §300.203(b)(1)
77
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Common Audit Finding
Maintenance of Effort (MOE) (LEA)Audit standard: Funds provided under Part
B of the Act must not be used to reduce the level of expenditures...below the level...of the preceding year: Local funds only OR State and local
funds (year to year)(34 CFR §300.203(a))
Part B LEA MOE Requirement:
Doing the MathEligibility:LEA expends $900,000 in FY 2009 and budgets $1,000,000 in FY 2011; therefore, the LEA meets the IDEA MOE eligibility requirement for an FY 2011 grant award
Compliance:LEA expends $900,000 in FY 2008 and expends $950,000 in FY 2009; therefore, the LEA complied with the MOE requirement from FY 2008 to FY 2009
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Allowable Reasons for Reducing MOE
34 CFR §300.204 provides exceptions for: Voluntary departure, by retirement or otherwise, or departure for
just cause, of special education or related services personnel; Decrease in the enrollment of children with disabilities; Termination of costly expenditures for long-term purchases, such
as the acquisition of equipment or the construction of school facilities;
Termination of an exceptionally costly obligation to a particular child with a disability because the child:
Has left the jurisdiction; Has reached the age at which the obligation to provide a free appropriate
public education (FAPE) to the child is terminated; or No longer needs the program of special education
or Assumption of cost by a high cost fund operated by the SEA under 34
CFR §300.704(c);
82
Part B LEA MOE Requirement:
Supplement/Not Supplant
Funds under Part B must be used to supplement State, local and other Federal funds and not to supplant them
See 34 CFR §300.202(a)(3)
If an LEA maintains its fiscal effort, it will only be using Part B funds to supplement local, or State and local, funds, and not to supplant them
IDEA does not require a “particular cost” test
82
Coordinated Early Intervening
Services
Coordinated Early Intervening Services
A LEA may use up to a maximum of 15% of the amount such agency receives under Part B of the Act for any fiscal year to develop and implement coordinated early intervening services for students in kindergarten-12 (emphasis on K-3), who have not been identified as needing additional academic and behavioral support to succeed in the general education environment.
Reporting Requirements-number of students served and number of students who receive special education and services after two years and expenditures.
NOTE: Any amount set aside for early intervening must be reduced by amount used to reduce local effort under MOE, if any.
CEIS RequiredIf the state determines that an LEA has a significant disproportionality based on race or ethnicity with respect to identification as children with disabilities or their placement in particular settings, the SEA must require the LEA to reserve the maximum amount of funds for early intervening services, particularly students in those groups that were significantly over-identified.
85
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What are the requirements for determining significant disproportionality? Review data
related to:
1) Identification of children with disabilities;2) Identification of children as children with
a particular disability;3) Placement of children with disabilities in
particular educational settings; and4) Incidence, duration, and type of
disciplinary actions, including suspensions and expulsions.
(CEIS Memo – Question 11, 34 CFR §300.646)
87
What must States consider in the collection and examination of disciplinary data?
Incidence – number of times children with disabilities ages 3-21 were subject to disciplinary actions.
Duration – length of suspensions or expulsions.
Type of disciplinary action – at a minimum, data on both in-school and out-of-school suspensions and expulsions
(CEIS Memo – Question 15)
Uses of CEIS FundsActivities
Professional development Providing educational and behavioral evaluations,
services, and supports, including scientifically-based literacy instruction
Providing educational and behavioral evaluations, services, and supports—
— including scientifically based literacy instruction
88
Coordination with ESEA - Title I
Funds made available to carry out this section may be used to carry out coordinated, EIS aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section
89
Private Schools
Private Schools34 CFR §§300.130-300.144
LEA where the private schools are located is responsible for child find and provision of services
Amount to be expended by the LEA for the provision of those services shall be equal to a proportionate amount of Federal funds made available under Part B.
LEA is responsible for maintaining a count of eligible
students parentally placed in private schools to be used in the calculation of proportionate share.
92
Private School Students No individual right to special education and related
services
Equitable participation based on a process that includes timely and meaningful consultation with representatives of private schools/parents regarding plan for using the proportionate share.
Proportionate share of Part B funds must be spent on this population (Chart of Accounts program/function code 51510) and cannot be transferred to other purposes.
Program offered to children designated to receive services is through a services plan - not an individualized education program (IEP)
93
ConsultationThe LEA must consult with representatives of private schools/parents regarding its plan for the following:
Child find Determining the proportionate share of IDEA funds available Determining the consultation process to be used How, where, and by whom services will be provided Disagreement process for LEA
LEA maintains documentation of consultation
PreschoolChildren aged 3-5 are considered to be parentally-placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 34 CFR §300.13
34 CFR §300.133(a)(2)(ii)
94
Elementary SchoolElementary school means a nonprofitinstitutional day or residential school,including a public elementary charterschool, that provides elementaryeducation, as determined under Statelaw.
34 CRF §300.13
Expenditures
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Number of eligible children with disabilities
In public schools
In private schools
300
+ 20
320
Federal Part B Flow-Through $$LEA receives $152,500
$152,500
320
$476.57 a student
x 20 students
$9,531.25 for proportionate share
Expenditures/Proportionate Share
Funds must be spent and may not be transferred to another purpose
State and local funds may supplement but not supplant federal funds for this population
34 CFR §300.133(d)Cost of child find may not be considered in
proportionate share obligation 34 CFR §300.131(d)
97
Federal Grants Management and
Compliance Considerations
• Timely Liquidation• Budget Transfers• Inventory Management• Time and Effort
Federal Programs Compliance
Common federal grants management rules apply to all federal education funds
Specific program (e.g. IDEA) rules applyDistrict and state financial procedures
applyFederal and state monitoring may review
compliance with all of the aboveSpecial attention paid to procedures used
when ARRA funds are involved
U.S. Dept. of Ed Requirements
EDGAR – Education Department General Administrative Regulations Gives authority to OMB circulars
General Education Provisions Act - GEPAOffice of Management and Budget (OMB)
OMB Circular A-133 – Single Audit Compliance Supplement Part 4 OMB Circular A-87
WVDE Requirements
http://wvde.state.wv.us/finance/
Policy 8200 – PurchasingCapital Assets Manual (inventory)Chart of Accounts (budget codes)
Monitoring and Compliance
Section 618 DeterminationsFiscal management a monitoring focus
of OSEP for states and districts
•Timely and accurate submission of data and LEA application•Timely liquidation•Time and effort documentation•Audit findings
Project Financial Reports
Select countySelect project
02 – state special education 43 – IDEA funds
Select fiscal year May select specific months
http://wveis.k12.wv.us/surveys/genledger_projects_years.cfm?action=go
Timely Liquidation
Timely LiquidationAvailability of IDEA FundsFY 09 Obligation period
› July 1, 2008 – September 30, 2010 Ending liquidation date
› December 31, 2010
FY 10 Obligation period
› July 1, 2009 – September 30, 2011 Ending liquidation date
› December 31, 2011
FY 11 Obligation period
› July 1, 2010 – September 30, 2012 Ending liquidation date
› December 31, 2012
Timely Liquidation
Cash Management LEAs should draw down cash from grant
awards to pay expenses only as they are incurred. Interest earned on federal cash draws held in excess of three days require the remission to the SEA of interest earned on that excess.
Exhaust FY 10 funding before using FY 11 funding.
Check balances of FY 09 funding – Ending obligation date is September 30, 2010 and ending liquidation date is December 31, 2010.
Budget TransfersWhen are budget transfers required?What is the process?
WVDE forms 11-20-12 and 11-20-13Who do you contact?When are online plan revisions required?OSP Budget Revisions Memo – February
2010
Inventory Management-EDGAR §80.32(c)-(e)
EquipmentFederal definition of Equipment (OMB Circular A-122)
• Tangible personal property• Useful life of more than one year• Acquisition cost of $5,000 or more
For purposes of maintaining IDEA InventoryAs above, except
Useful life of more than one year, regardless of acquisition costExample: PDAs, Computers, Cell phones, Copiers,
Projectors, Digital Cameras, Etc.
See also WVDE Capital Assets Manual
Inventory Management-Equipment
Must have adequate controls in place to account for:
Location of equipmentCustody of equipmentSecurity of equipment
• LEA should have procedures in place and documentation to track and account for the location and assignment of equipment at all times
• A tracking system must be implemented for requesting and signing out equipment to be used off-site
Inventory Management-EquipmentMust protect against unauthorized use• May use for other projects as long as use is incidental
and does not interfere with authorized useWhen property is no longer needed, must follow disposition rules• Transfer to another federal program• Over $5,000 – Keep or sell, but must pay a share based
on the percentage of federal ED participation at initial acquisition
• Under $5,000 – May keep, sell, or dispose of it with no obligation to ED
When property is lost, damaged or stolen• Follow procedures in the WVDE Procedures Manual
Capital Asset System (Send copy of documentation to SEA)
Time and Effort
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Common Audit Finding
Largest expenditure category in special education budgets : Personnel
Time and effort documentationAudit Standard: Must be able to document
amount of time under each grant Policies/procedures to determine
percentages of time devoted to individual Federal programs and awards
Time and effort certifications
Time and EffortIf federal funds are used for salaries “time
distribution records” must be kept
• Must demonstrate that employees paid with federal funds actually worked on the specific federal program
Type of documentation depends on the number of “cost objectives” the employee worked on
These cost objectives must be connected to the employee’s salary source
Time and Effort (Cont’d)
What is a cost objective?A specific grant award, or other category of costs, that
requires the grantee to track specific cost information
If an employee works on a single cost objective:Semi-Annual CertificationSigned by employee and supervisor every six months
Example: “I hereby certify that for the period January 1, 2010 through June 30, 2010 one-hundred percent (100%) of my time and effort was spent on IDEA, Part B Administration.”
Time and Effort (cont’d)
If an employee works on multiple cost objectives then a Personnel Activity Report (PAR) must be
maintained:
After-the-fact-recordCompleted at least monthlyMust include total activity for which the
employee is compensatedSigned and dated by employee (supervisor may
also sign)
Time and Effort (Cont’d)
Quarterly comparisons of actual costs to budgeted distributions
If a variance of 10% or greater existsAdjust expenditures to reflect costs of the actual
time reported.In order to minimize future differences, adjust
estimated distributions for future payrolls to activity performed in the previous quarter. This should help minimize the difference in actual wages paid to time recorded.
If difference is less than 10%, may make adjustment annually
Report On The ARRA Grant Funds
Report FTE jobs funded with ARRA IDEA funds
Report project status (activities)Report quarterly on the expenditure of ARRA
IDEA fundsEnter in Five Year Online Strategic Plan –
ARRA Reporting by end of each quarterReport vendors receiving payments $25,000
and over, including name, product description
ContactsJanice Hay
[email protected](304) 558-2686 Coordinator
Office of Internal Operations
Sandra McQuain(304) 558-2696
[email protected] Director
Office of Special Programs
Medicaid in Education
Vickie MohnackyCoordinator
Office of Special Programs
Gifted Education
Medicaid
C e n te rs fo r M ed ic a r e & M ed ic a id S e rv ic es
M e d i ca r e M e d i ca i d S C H IP H IP A A P u b lica t io n s L o ca l In fo rm a tio n S ta ts & D a ta R e se a rc h & D em o s L a w s & R eg s P u b lic A ffa irs A b o u t C M S
www.cms .gov
Site Search
S e a r c h
M edicaid
M edicaid is a jointly-funded, F edera l-S tate health
insurance program for certain low-income and needy
people. It covers approximately 36 million individuals
including children, the aged, blind, and/or dis abled, and
people who are eligible to receive federally as s isted
income maintenance payments.
E mergency P ayment For
Services
Medicare-E ndorsed Rx
D iscount C ard Initiative
What's New
Site Index
In fo rm a tio n fo r :
B e n ef ic ia r ie s P la n s a n d P ro v id e rs R e se a rc h e r s S ta te s S tu d en ts
L earning R esou rces
C M S C a reer O pportunitie s
E vents , M eetings , and
www.cms.gov
Medicaid and Education Timeline
U.S. Legislation 1988
IDEA
WV Code
18-2-5b
Medicaid State Plan
Amended 2000
1988 20001990
Only Students with IEPs
Only Therapies
Added IEPs, Care Coor, Sp. Trans.
Personal Aides
Each School District
Therapy Provider #
00XXXXXXXX
Audiology #
OT #
PT #
SLP #
RN #
Psychology #
Each School District – 2nd #
Cost-Based Provider #
15XXXXXXXX - New
Initial/Triennial IEP
Annual IEP
Personal Care (full)
Personal Care (part)
Sp. Trans. Vehicle
Sp. Trans. Aide
Care Coordination
Source Data Element Calculation
WVEIS Certified List of Personnel
WVEIS
FY2001
WVDE
Office of School
Finance
WVEIS
FY 2001
2000-2001Average Base Salary
FY 2001Fringe Benefit Rate(Fringe Costs/Payroll Costs)
FY 2001 OperatingRate(Operating Costs/Payroll Costs)
2000-2001 Unrestricted
Indirect Cost Rate
Total Payroll Cost FTE
Payroll Costs
Plus
Operating Costs
Fully Loaded
Costs/FTE
Ave. Base Salary X Fringe FTE
Payroll X Operating% Rate
Payroll Costs & X ICR Operating Costs
- IDEA funding
Business ModelsMedicaid -
Fee for Service IDEA - Entitlement
+$25+$25
+$25 $100
$100
-$25-$25
-$25$0
$0
-$25+$25
RESA CountyMolina andBureau ofMedical Srvcs BMS
Remittance AdviceDenial/pending
Electronic claim
Billing Form or WVEIS Entry
Supporting Documentation: IEP Progress Note Attendance Record
Payment – Direct Deposited
Federal/State Match
Documentation
Student Related Documentation Treatment goals – i.e. IEP goals and objectives Comments/notes/outcome re: student progress and prognosis progress The IEP form The Care Coordination form Personal Care form
Billing Documentation
Maintain documentation in the student’s individual cumulative file in a centralized location.
State of West Virginia – Form DOE-105 Version 8/09/01 Physician Authorization/Certification Form Student Name (L, F, M): __________________________________________________ Diagnosis: __________________________________________________ Medicaid Number: __________________________________________________ The following services have been included on the above-named student’s Individualized Education Plan.
Service
X = Included on IEP
Service Amount (times per wk/mo and/or minutes per wk/mo)
Speech Therapy PT; OT
I certify the above-identified services as medically necessary. ____________________________________ ______________ Name (Print) Date ____________________________________ Signature
Freedom of Choice
Freedom to choose services from providers outside the school system
Medicaid cannot cover duplicate services
Establish in writing that the School System is not to seek reimbursement for services that are provided by an outside agency.
Service Record – Personal Care (full-day student)
Medicaid Number Last Name First Name
Date of Birth Diagnosis Code
County Beginning Date Ending Date Procedure Code Units
PERSONAL CARE – FULL DAY STUDENT W3084 SERVICE UNIT: Once per day DESCRIPTION: Services related to a child’s physical and behavioral health requirements, including assistance with eating, dressing, personal hygiene, activities of
daily living, bladder and bowel requirements, use of adaptive equipment, ambulation and exercise, behavior modification, and/or other remedial
services necessary to promote a child’s ability to participate in, and benefit from, the educational setting.
QUALIFIED PROVIDERS: Services are furnished by providers who have satisfactorily completed a
program for home health aides/nursing assistants, or other equivalent training, or who have appropriate background and experience in the provision of personal care or related services for individuals with a need for assistance due to physical or behavioral conditions.
MUST BE IDENTIFIED ON IEP: Yes (“Child requires adult supervision and direct care on a continuous basis”, or equivalent) REQUIRES PHYSICIAN AUTHORIZATION: No OTHER/MISC: Service must be provided on a full-time basis to full day student. Full-time service means at least 5.5 hours per day. Check dates if the part-time student had a personal care aide for the full time in school (5.5 hours). Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Total
Fulll-day Student
___________________________________________ ______________________________ Signature Date
Frequently Asked Questions
Personal care : Services must be provided on a full-time basis. The aide must not be responsible for any other student. Not specific to the aide
Frequently Asked Questions
Care Coordination : 1 unit per month Check all activities completed that month, but may bill if only one was checked.
Coordinate delivery of services related to IEP
Service Record – Care Coordination
Medicaid Number Last Name First Name
WVEIS Number Diagnosis Code School
County Beginning Date Ending Date Procedure Code Units
T2022 1
Care Coordination. T2022 = 1 unit per month. List dates of any and all activities completed this calendar month. Care Coordination Activities Date(s) A. Met with Special Ed. or Reg. Ed. teacher regarding child’s service needs/progress
B. Met with Therapist regarding service needs/progress C. Met with Psychologist regarding service needs/progress D. Met with Social Worker E. Met with Counselor regarding service needs/progress F. Met with Personal Care Aide regarding needs/progress G. Met with other health care provider regarding child’s service needs/progress H. Issued letter/memorandum regarding child’s service needs/progress I. Contacted provider(s) to schedule testing/consultation J. Met with parent(s)/guardian(s) regarding child’s treatment needs/progress K. Met with parent(s)/guardian(s) on testing results L. Issued letter/memorandum to parent(s)/guardian(s) M. Contacted parent(s)/guardian(s) to schedule consultation N. Met with child to discuss progress O. Met with child to discuss service needs P. Met with child to discuss social/behavioral issues Q. Reviewed provider assessment/testing results R. Reviewed provider notes/memoranda regarding child’s service needs/progress S. Prepared progress notes T. Prepared summary of provider consultation U. Prepared summary of parent/guardian consultation V. Prepared summary of child consultation W. Prepared other documentation of service treatment/progress X. Other:
Outcome: (Circle one) A. Progress Satisfactory - Continue IEP until completion date. or B. Reconvene IEP Team to address change ________________________________ __________________ Signature Date
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https://wveis.k12.wv.us/surveys/mmis.cfm
CONSENT TO RELEASE INFORMATION FROM EDUCATIONAL RECORDS FOR MEDICAID BILLING
Student’s Full Name
The county school district wishes to periodically apply for reimbursement for certain services provided to eligible children during the year by accessing Medicaid or other publicly funded benefits. This access will not result in any decrease in available lifetime coverage or any other insured benefit; will not result in any cost to the child or the child’s family; will not increase any premium or lead to the discontinuation of the child’s benefits or insurance; and will not create any risk of loss of the child’s eligibility for West Virginia’s Title XIX MR/DD Waiver Program based on aggregate health-related expenditures. The county school system is providing the following Medicaid covered services to your child:
TYPE OF SERVICE FREQUENCY (per week/month/year)
Is the service also provided outside the
school system? Audiology Services Occupational Therapy Services Physical Therapy Services Psychological Services Speech Therapy Services Nursing (RN) Specialized Procedures Personal Care Aide (direct 1:1) Specialized Transportation (vehicle) Specialized Transportation (aide) IEP-Development (Initial or Annual/Triennial Update)
Care Coordination One per month If your child is receiving audiological, occupational therapy, physical therapy, psychological and/or speech services from a provider(s) outside the school system, please list the name of the provider(s) in the box(es) provided so that the school system does not duplicate the outside provider’s Medicaid billing. Medicaid reimbursement to districts is authorized by West Virginia Code 18-2-5b, effective March 15, 1990. These funds provide additional financial resources for the county’s educational services. Regardless of the status of the consent, the school district will continue to provide your child’s IEP services with available federal, state and/or local school district dollars. I give my consent to release information from my child’s educational records for the purpose of Medicaid billing for the duration of services. Parent Signature: _______________________________________ Child’s Medicaid Number: ________________________________ Family Physician (optional): _______________________________________
Special Education Professional Development and Technical
Assistance
Allen SextonCoordinatorOffice of Special Programs
Professional Development
Program ImprovementPhyllis Veith
Assistant DirectorOffice of Special Programs
Valerie WilsonCoordinatorOffice of Special Programs
Ellen OdermanCoordinatorOffice of Special Programs
Monitoring Professional Development
GSEG Professional Development
Instructional Technology
Professional Development
Quick Reference Guide
Using the Quick Reference ToolPreview practice questions
Form small groups of 4 to 8
Use the links provided and experience to answer as many of the questions as time permits. Be sure to note where in the QRT the answers can be found.
Share answers with the large group
Practice Questions1. When a student moves into a district from out of state,
what timelines are followed for initiating services?
2. What are the required data sources for verifying compliance Indicator 1.10?
3. What is the process for ensuring your district has agency participation at the age of transition? And, what agency resources are available in your area?
4. What was my district’s performance on the Annual Performance Targets for Indicator 5 in 2008-2009? And, did my district improve its performance on Indicator 5 in 2009-2010, based on the publicly reported educational environments data for my district?
Lunch
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