November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
1
Special Education Quarterly Meeting
November 3, 2010
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
2
Educable Child
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
3
Department of Human Services
• Application Completed by Human Services
• Determination of Eligibility Report Completed on the District or other Public
Agency’s form Team members with Title and Agency/District
clearly indicated Date of Determination indicated Eligibility clearly marked
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
4
Department of Human Services
• Individualized Education Program Completed on District or other Public Agency’s
form IEP Committee members with Title and
Agency/District clearly indicated
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
5
PARENT-MEDICAID & PARENT PLACED
• Application Completed by Private Facility
• Determination of Eligibility Report Completed on the District or other Public Agency’s form Team members with Title and Agency/District clearly
indicated Date of Determination indicated Eligibility clearly marked
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
6
PARENT-MEDICAID & PARENT PLACED
• Educable Child Form for Parentally Placed Students Person Contacted Services offered Districts should not be a member of the Placement
team Used in lieu of an Individualized Education
Program (IEP)
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
7
SCHOOL DISTRICT PLACED
• Application Completed by Student’s Resident District
• Determination of Eligibility Report Completed on the Resident District’s form Team members with Title and Agency/District
clearly indicated Date of Determination indicated Eligibility clearly marked
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
8
SCHOOL DISTRICT PLACED
• Individualized Education Program Completed on the Resident District’s form Agency representative is Resident District
personnel Meeting dates indicated and projected date of
revision listed Required IEP members are present
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
9
WHAT IT MEANS TO YOU!
• When contacted by a Private Facility, Districts should:
Verify their participation in the eligibility determination process
Verify their ability to provide a FAPE (Free Appropriate Public Education) to the student
Eligibility
• Determination of Eligibility should be on District’s Form
DHS – District of Residence Parent Placed/Parent Medicaid –
– if the student was ruled eligible prior to the parent placing them in the Private Facility, then use the District of Residency
– if the student was ruled eligible after the parent placed them in the Private Facility as part of Child Find, then use the District where facility is located
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
11
IEP
• Individualized Education Program (IEP) Department of Human Services
– Developed with the Facility, School District of Residence, and DHS Social Worker (or a surrogate parent if it is determined they need one)
– Completed on the School District of Residence’s form
School District Placed– Developed with the Facility and Resident School District– Completed on the Resident School District’s form– Agency Representative is Resident School District
Personnel
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
12
Reminder on Forms
• Parent-Medicaid & Parent Placed
Individualized Education Program is NOT completed
Private Facilities complete the Educable Child Parentally Placed Form
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
13
Profit and Non-Profit Status of Private Facility
• Should be verified annually in writing by each Private Facility to the School Districts
• Could be included in the Collaborative Agreement as representation or assurance of the Private Facility
• Private Facilities should provide a Certificate of Good Standing from the Secretary of State’s Office
• Districts can verify at the SOS’s web site: http://www.sos.ms.gov/business_services_business_formation.aspx
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
14
Collaborative Agreements
• Should be completed annually
• Should outline specific duties of the District and the Private Facility
• Should be reviewed by District Board Attorney
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
15
Collaborative Agreements
• Should contain at a minimum: Four Subparts:
– District where facility is located– DHS– Other Districts (student’s resident district)– Parent-Placed
Outline responsibilities of District Outline responsibilities of Private Facility Compensation for tuition and transportation Transportation Responsibilities
Cooperative Agreement
• Between Student’s Resident School District and District where Private Facility is located
• Should be completed annually
• Should be specific to the student (could use an addendum)
• Resident School District is responsible for the FAPE of the student
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
16
Cooperative Agreement
• Should include: Tuition Transportation Responsibilities of each district
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
17
Proportionate Share
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
18
300.130 Definition of parentally-placed private school children with disabilities
Parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school or secondary school.
Proportionate Share
300.134 (b) Proportionate share of funds. The determination of
the proportionate share of federal funds available to serve parentally-placed private school children with disabilities under 300.133(b) (Expenditures), including the determination of how the proportionate share of those funds was calculated.
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
19
Proportionate Share
• 300.36 Secondary school Secondary school means a nonprofit institutional day or
residential school, including a public secondary charter school that provides secondary education, as determined under State law, except that it does not include any education beyond grade twelve (12).
• 300.13 Elementary school Elementary school means a nonprofit institutional day or
residential school, including a public elementary charter school that provides elementary education, as determined under Mississippi law.
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
20
Proportionate Share
300.137 Equitable services determined • (a) No individual right to special education and related services. No
parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
• (b) Decisions.
(1) Decisions about the services that will be provided to parentally-placed private school children with disabilities must be made in accordance with paragraph (c) below (Equitable Services Determined) and §300.134(c) (Consultation).
(2) The LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities.
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
21
Proportionate Share
• Child Find should include those Private Facilities within your district that are non-profit and meet the definition for an elementary or secondary school
• Those students receiving a proportionate share should be included in the District’s December 1 Child Count
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
22
Proportionate Share
• For Educable Child Parentally Placed Students, districts must include those students in the proportionate share calculation and consult with the Private Facility to decide if any services will be offered these students
• If services are offered, the District where the facility is located should create a Services Plan for those students (just as they do for any private school student they serve) and the Private Facility will complete the Educable Child Form for Parentally Placed Students
November 2010 Mississippi Department of EducationOffice of Instructional Enhancement and Internal Operations/Office of Special Education
23