Special Education Catastrophic Aid and Court Ordered Placements 402

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Special EducationCatastrophic Aid andCourt
Ordered Placements (402)

• Presented by
• Kathryn Hodges
• Bureau of Special Education

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Catastrophic Aid submitted Fiscal Year 07 for
services provided during Fiscal Year 06

• RSA 186-C18, III states Department of Education
  (DOE) shall distribute aid available under this
  paragraph as entitlement to such school districts
  as have a special education pupil for whose cost
  they are responsible, for whom cost of special
  education in the fiscal year exceed 3-1/2 times
  the estimated state average expenditure per pupil
  (ESAEPP).

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Catastrophic Aid

• The school district shall be liable for 3-1/2
  times the ESAEPP of approximately 9,774.53, cap
  of 34,210.85, plus 20 of the additional cost up
  to 10 times ESAEPP, 97,745.30, for a total
  district liability of 46,917.74.
• The DOE shall be liable for 80 of the cost above
  the 3-1/2 times up to 10 times ESAEPP.
• The DOE shall be liable for all cost in excess of
  the 10 times ESAEPP.

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Catastrophic Aid

• The DOE shall distribute Catastrophic Aid
  payments under this RSA on or before January 1 of
  each year.
• School districts shall submit their costs to the
  DOE by July 31 of each fiscal year.
• DOE shall verify the cost and distribute the
  appropriate amounts from the previous fiscal year
  according to the law.

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Catastrophic Aid

• Deadlines
• Contact all vendors for June billings
• By 6/30/06 Input all cost data into SPEDIS
• 7/31/06 All cost data should be in SPEDIS.
  Submit completed forms and back-up to DOE.
• 8/1/06 Print DI-13 from SPEDIS, review and make
  any necessary corrections.
• 8/7/06 Print final DI-13 for superintendents
  signature and submit to DOE

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Catastrophic Aid

• Documentation should be submitted for
• All Instruction/RoomBoard/Related Services for
  which rates have not been set by DOE, including
  all out-of-state programs and in-state district
  programs
• Transportation costs of 5000 or more
• Exceptional costs of 1000 or more

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Catastrophic Aid

• Back-up documentation could include
• Vendor Invoices
• Related Service Records
• Employee Data Sheets
• Formulas used to calculate unit costs or tuition
  costs

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Catastrophic Aid

• Limitations on Reimbursement
• Reimbursement shall be Direct Costs for services
  which are included in the IEP
• Costs exceeding approved rates are not
  reimbursable
• Indirect Costs are not reimbursable
• Costs incurred if student was enrolled in an
  unapproved program without an IPA established
  prior to enrollment are not reimbursable
• Costs incurred during period of time that student
  was out of compliance are not reimbursable

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Catastrophic Aid

• RSA 186-C18 If in any year, the amount
  appropriated for distribution as catastrophic
  special education aid in accordance with this
  section is insufficient therefore, the
  appropriation shall be prorated proportionally
  based on entitlement among the districts entitled
  to a grant.

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Catastrophic Aid catastrophes

• No information was entered
• What was entered (programs, schools, dates) did
  not match (Placement record vs Cost record vs
  billing documentation)
• Number of units of related service provided was
  not entered accurately
• Services listed on Cost record were not in
  Placement record, which represents the IEP
• No back-up documentation was provided
• Costs for services provided in the previous
  fiscal year were included in the current fiscal
  year

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Any questions on Catastrophic Aid?

• Are you ready for 402?

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Court Ordered Placement (402) for Fiscal Year 07

• RSA 186-C19-b Liability for educationally
  disabled children in certain court ordered
  placements
• II School District liability for expenses for
  special education shall be limited to 3 times
  ESAEPP of the previous year, approximately
  9,774.53, cap of 29,323.59.

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Court Ordered Placement (402)

• II (a) Any costs of special education and/or
  related services listed in the students IEP, in
  excess of 3 times ESAEPP shall be the liability
  of DOE
• Cost for which the DOE is liable shall be paid to
  the education service provider

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Court Ordered Placement (402)

• Student must meet all the following criteria to
  be eligible for the 402 program
• Court ordered into placement
• Living in a residential school, foster care or
  group home
• Not attending a public school
• DHHS has financial responsibility for the
  residential costs of the student in placement

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Court Ordered Placement (402)

• District shall
• Receive all invoices from vendor
• Verify costs
• Forward to DOE, along with Cost Verification Form
  (with initial submission only) and Attendance
  Verification Form (with all submissions)

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Court Ordered Placements (402)

• Invoices must represent direct services provided
  in the past. Pre-payment of services by the DOE
  are not allowable. All invoices for future
  services shall be returned to the district.
• Attendance Verification Forms must represent time
  periods in the past for services provided.
• Payments made by districts beyond cap must be
  reimbursed by the vendor to the district before
  DOE can start making payments to the vendor.

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402 Issues

• No information was entered
• Student was not eligible to be part of 402
  program
• Indirect costs were used to meet cap
• Charges for over-delivery of services were used
  to meet cap
• Costs above approved rate were used to meet cap
• Overpayment by the district was not reimbursed by
  the facility prior to subsequent billing being
  sent to the DOE

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More 402 Issues

• Attendance Verification Form was not signed and
  dated after the services were provided
• Cost Verification Form and Attendance
  Verification Forms were not sent
• Student was transported while attending a
  Residential program, but no justification was
  given
• Student was attending a Day program, but no
  explanation of where the student was living was
  given

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Any questions on 402?