10/4/2010

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September

27th

September 28th

September 29th

Office of Special Programs (OSP)

Data Sources

Phyllis VeithAssistant Director

Office of Special Programs

ProgramImprovement

Professional Development

SuperintendentWest Virginia Department of Education

Support

ServicesCurriculum

&Instruction

Technical

& Adult Ed.

System of

Support

Legal

Communi-

cations

Human

Resources

School

Finance

Internal

Operations

Information

Systems

Pat HombergExecutive Director

Office 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

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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

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 PalencharKaren RuddleAllen Sexton

Valerie Wilson

Coordinators:

Debbie AshwellMatt Dotson

Loraine ElswickKathy Hudnall

Ann MonterossoAllen Sexton

Vacant

Policy 2419: Regulations for the Education of Students with Exceptionalities

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Child Find

Multidisciplinary Evaluation

Eligibility

Individualized Education Program

Procedural Safeguards

Discipline

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 OSPData

OSP Targeted Programs

OSPFiscal

OSPCommuni-

cations

OSPProfessional Development

OSPAccountability

OSPProgram

Improvement

OSPMonitoring

Dr. Sandra McQuainAssistant Director

Office of Special Programs

Fiscal DataTargeted Programs

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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 Amendment

Section 1

Brown v. Board Of Education347 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)

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Established through: Case law State mandates Federal statutes Federal regulations Policies and procedures Interpretations

Right to Special Education

U.S. Constitution Federal Statutes Public Law United States Code (20 USC §1400 et seq)

Federal regulations Code of Federal Regulations (34 CFR §300 )

Federal Case Law U.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 Constitution WV State Courts

WV Code - §18-20-1 Administrative 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 reject Due process Protection in evaluation Least restrictive environment Parent participation Confidentiality of student records

Education for All Handicapped Children Act

PL 94-142 – EHA (1975)

Nondiscriminatory methods and materials Use more than one measure Validated for use Given in native language/mode of

communication

Protection in Evaluation

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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 curriculum Extended school year when needed for

FAPE Services for students removed from

school Accountability for student progress Positive behavior interventions Unilateral removal by school officials for

weapons and drugs More emphasis on parent participation

Requirements added

IDEA 97

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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 IEP As close as possible to student’s home Continuum of alternative placements Consideration 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 added

IDEA 2004

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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

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

Sandra McQuain, Ed.D.Assistant Director

Office of Special Programssmcquain@access.k12.wv.us

(304) 558-2696

10/4/2010

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Break

15:00 minutes

GO

Dr. Sandra McQuainAssistant Director

Office of Special Programs

Fiscal DataTargeted Programs

Agenda Distribution of IDEA entitlement funds Allowable costs/use of funds High Cost Fund – IDEA Out-of-State/Out-of-County (state aid) Assistive technology

Excess cost Maintenance of effort Coordinated Early Intervening Services Private schools Federal 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.

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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)

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High Cost Fund

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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

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High Cost Expenditure Fund

Stakeholder involvement Definition: 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

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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 ExpensesCosts 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

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High Cost – FY 11 Semesters

Semesters Due DatesJuly 1, 2010 – Dec. 31, 2010 mid Feb. 2011Jan. 1, 2011 – June 30, 2011mid 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 FundsFunds 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 Funds

Funds 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 website.kknighton@access.k12.wv.us

*Also posted on website each year when updated for current year.

Excess Cost

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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

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Part B LEA MOE

LEA MOE Requirement: EligibilityIn 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)

7778

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))

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Part B

LEA MOE Requirement:

Doing the Math

Eligibility: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);

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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

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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.

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CEIS Required

If 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.

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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)

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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

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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

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Private Schools

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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.

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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)

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Consultation

The 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

Preschool

Children 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)

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Elementary School

Elementary 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

96

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

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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)

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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 apply District and state financial procedures

apply Federal and state monitoring may review

compliance with all of the above Special 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 - GEPA Office 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 – Purchasing Capital 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

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Project Financial Reports

Select county Select 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 Transfers

When are budget transfers required? What is the process? WVDE forms 11-20-12 and 11-20-13

Who do you contact? When are online plan revisions required? OSP Budget Revisions Memo – February

2010

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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 use

When 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 documentation Audit 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

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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 compensated

Signed 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 funds Enter in Five Year Online Strategic Plan –

ARRA Reporting by end of each quarter Report vendors receiving payments

$25,000 and over, including name, product description

Contacts

Janice Hayjehay@access.k12.wv.us

(304) 558-2686Coordinator

Office of Internal Operations

Sandra McQuain(304) 558-2696

smcquain@access.k12.wv.usAssistant Director

Office of Special Programs

Vickie MohnackyCoordinator

Office of Special Programs

Gifted Education

Medicaid

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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

AddedIEPs, 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(OperatingCosts/Payroll Costs)

2000-2001 Unrestricted

Indirect Cost Rate

Total PayrollCostFTE

Payroll Costs

Plus

Operating Costs

Fully Loaded

Costs/FTE

Ave. Base Salary X

FringeFTE

Payroll X

Operating% Rate

Payroll Costs

& X ICR

Operating

Costs

- IDEA funding

Business Models

Medicaid -Fee for Service IDEA - Entitlement

+$25+$25

+$25

$100

$100

-$25-$25

-$25

$0

$0

-$25+$25

RESACounty

Molina and

Bureau of

Medical Srvcs

BMS

Remittance AdviceDenial/pending

Electronic

claim

Billing

Form or

WVEIS

Entry

Supporting

Documentation:

IEP

Progress Note

Attendance

Record

Payment –

Direct

Deposited

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Federal/State Match Documentation

Student Related DocumentationTreatment goals – i.e. IEP goals andobjectivesComments/notes/outcome re: studentprogress and prognosis progressThe IEP formThe Care Coordination formPersonal 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 duplicateservices

Establish in writing that the School Systemis not to seek reimbursement for servicesthat 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

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Frequently Asked Questions

Personal care : Services must be providedon a full-time basis. The aide must not be

responsible for any otherstudent.Not specific to the aide

Frequently Asked Questions

Care Coordination : 1 unit per monthCheck all activities completed that

month, but maybill if only one waschecked.

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

Menu

https://wveis.k12.wv.us/surveys/mmis.cfm

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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): _______________________________________

Allen SextonCoordinatorOffice of Special Programs

Professional

DevelopmentProgram

ImprovementPhyllis VeithAssistant 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

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26

Using the Quick Reference Tool

Preview 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

1 hour

GO