To provide clients with an ethical and cost-effective secure means for maximizing revenues by making the most efficient use of resources available to their business office and special education operations.
To provide clients with an ethical and cost-effective secure means for maximizing revenues by making the most efficient use of resources available to their business office and special education operations.
Contacts:
Brenda Olivett, STAC Coordinator/Chief Technology Officer
Extension 10
bolivett@magnyinc.com
George Newman, Director of Special Education Services
Extension 21
gnewman@magnyinc.com
MAG understands the arduous task that a school undertakes to maintain quality Special Education programs made available to its students. That’s why our Special Education Services division stands ready to assist you with tracking the necessary information needed to receive high-cost aid for students within these programs.
MAG can help free up resources by assisting your district in the following areas:
Click here to download a brochure.
Contacts:
Brenda Olivett
Extension 10
bolivett@magnyinc.com
George Newman, Director of Special Education Services
Extension 21
gnewman@magnyinc.com
MAG understands the arduous task that a school undertakes to maintain quality Special Education programs made available to its students. That’s why our Special Education Services division stands ready to assist you with tracking the necessary information needed to receive high-cost aid for students within these programs.
MAG can help free up resources by assisting your district in the following areas:
– Assistance With Completion of Required Paperwork
– Filing of STAC Forms for School-Age Public and Private High-Cost Special Education Students
– Identification and Verification of Eligible Students With Accurate Computation of Costs
– Ongoing Review and Maintenance of STAC Submissions To Assure All Aid Allowed Is Received
– Review of All Programs and Claiming Procedures Currently in Place
Click here to download a brochure.
In response to our recent inquiry made to the STAC Unit, Management Advisory Group (MAG) of NY was informed that there is a change in the request to access the STAC online system cycle. Instead of disabling users’ passwords to the online system on June 30, the passwords will continue to the end of the 2016 calendar year. As of 2017, the STAC user code/password cycle will be renewed every calendar year – January 1 to December 31.
Transportation contracts must be filed and approved to receive aid. School districts are urged to prepare and file transportation contracts as soon as possible. All contracts must be filed with the Education Management Services Unit for approval no later than 120 calendar days following the first date of service. If the Education Management Services Unit has not approved a contract, it cannot be aided.
Please visit this website for more details regarding transportation contracts: https://stateaid.nysed.gov/trans/contract.htm
Additionally, districts should make certain that provider agreements and statements of reassignments are included in the transportation contracts. These will ensure that only the district paying for the service will be able to claim special transportation through Medicaid.
The NYS Education Department has suggested forms for each. They could be found at the following links:
– Provider Agreement
– Statement of Reassignment
Spring is grant writing time. MAG reminds districts that they cannot claim for STAC and Medicaid reimbursement if federal funds are used to pay for staff salaries, benefits, contracted services, or equipment. Districts will notice the positive effects on their revenue stream by implementing prudent grant planning strategies.
When constructing the 611 grant, keep in mind that it is designed to supplement and not supplant special education offerings. Usually, small high-cost classes are core educational programs reimbursable through Excess Cost State Aid (STAC). The provision of appropriate related services and evaluations is also claimable through Medicaid. However, school districts need to be cautious because they must not bill Medicaid for a service and/or evaluation that is paid partially or in full by Federal Funds.
In developing the 611 grant, districts should consider budgeting staff who are assigned to non-high-cost education programs into Code 15 (Salaries for Professional Staff), e.g. consultant teachers and resource room teachers. Additionally, we recommend that general funds be used for related service providers of Medicaid claimable services.
Whenever possible, exclude self-contained teachers teaching small classes, 1:1 or shared aides, 1:1 nurses and related service providers, or any claimable contracted services from the grant budget. These costs should be paid through the general funds budget because they may be reimbursable through the STAC system if students’ costs exceed the threshold levels assigned by the NYS Education Department for your district. This also holds true for purchased services, Code 40 (Purchased Services).
In addition, consider using general funds when purchasing special equipment for specific students (e.g. personal FM systems, laptops, or any other assistive technology devices that can be claimed through Excess Cost State Aid). If these items are purchased using federal funds, districts cannot be reimbursed through Excess Cost State Aid.
Please note that districts (LEAs) must comply with the Maintenance of Effort (MOE) requirement of 34 CFR 300.203. In essence, funds provided to districts under IDEA Part B must not be used to reduce the level of expenditures for the education of children with disabilities made by the LEA from local funds below the level of expenditures for the preceding year.
Additional resources are found at the following links:
– Special Education Budget and Finance
– Individuals with Disabilities Education Act (IDEA) Part B Section 611 and Section 619 Federal Funding for the Education of Students with Disabilities, Grant Application Guidance
DVPUB is a new online cost verification screen which replaces paper HCSAR for in-district or other district public programs (not BOCES).
BOCES HCSAR will continue to be verified on paper. This run is scheduled for February 2015. The deadline date for the initial filing verification (DVPUB signature form) and cost backup material for 2013 to 2014 is January 30, 2015. The follow-up form is submitted for new STACs approved and verified after the initial signature form is filed.
Required cost backup for:
– All Other-District Placed Students
– Annualized Costs Exceeding $105,000
– Completed High-Cost Report
– Invoices or Cost Calculations for Individual Services Costing $15,000 + Each
– Monthly or Year-End Invoice and/or Contract From Other School District
– Selected Pages From IEP Listing Frequency and Length of Approved Services
Verification status designations:
– Unverified: Records Can Be Amended and Re-Verified by the District
– Verified and Not Reviewed by SED: Records Can Be Amended and Re-Verified by District
– Stopped Record: These Records Need Cost Backup for Students Costing $105,000 or More
– Reviewed and Locked by SED: SED Reviews and Locks Records After Receiving DVPUB Signature Form
To unlock, the district needs to contact the STAC Unit.
Please go to this SED link for more information:
DVPUB SED
Children’s Residential Project programs consist of a SED-approved private school, also known as an 853 School, and an OPWDD-certified residential facility, known as an Intermediate Care Facility for Developmentally Disabled (ICF/DD). As a result of this joint State agency involvement, admission to CRP programs is limited to those children identified through the education system as needing educational/residential services who also meet the residential eligibility criteria for the ICF/DD established by OPWDD.
Quick facts:
A DCERT is required
Click here to download a brochure.
If your district plans to operate a new ESY program or modify an existing ESY program, an application must be submitted to NYSED by June 1. Please be aware that there are two new programs: 9050 and 9055. These were added to the continuum of placement options. See questions 16 to 18 for more details at this link:
Extended School Year Application
The ESY programs are:
– Full or Half-Day Special Class Programs (9000 or 9010)
– Full-Day or Half-Day Integrated ESY Special Class (9050 or 9055) – New!
– Home/Hospital Instruction (HHI) (9015-D)
– Related Services Only (9015-A)
– Specialized and/or Related Service Programs (9015 a Through D)
– Specialized Instruction Only (9015-B)
– Specialized Instruction With Related Services (9015-C)
Read the 9015 application carefully because reimbursement is based on the specific types of programs students are receiving in the summer. Since it is the beginning of annual reviews, if your district plans to provide ESY programs, we recommend that you review your current approved programs and compare them with your district’s current and predicted needs.
When considering 9015 programs, please be reminded that education costs cannot be reimbursed through the STAC system if a student is receiving Specialized Instruction With Related Services (9015-C) and your district is approved for Related Services Only (9015-A) and Specialized Instruction Only (9015-B). To be eligible for reimbursement, in this case, the district must be approved for 9015-C.
Contact Linda Keech from the Office of Special Education at (518) 473-0170 or email Linda.Keech@nysed.gov if you have any questions. You can also contact your Regional Associate.
The application information memo could be found at this link:
Initial and Modification Applications can be found at this link:
This article was written by Karen Norlander, Esq., counsel to CNYSEA and on the brief to the Circuit with Christopher Langlois, Esq. from Girvin & Ferlazzo, P.C.
Extending the LRE Mandate to ESY Summer Programs
On April 2, 2014, with summer on its way, the United States Court of Appeals issued a far-reaching decision in T.M. vs. Cornwall Central School District [1] with major and immediate implications for all public schools throughout New York, Connecticut, and Vermont. Finding that Congress intended to apply the same LRE mandate applicable to the normal school year to ESY summer placements for students with disabilities who require them, the Court made no exception for districts that do not run summer school programs for nondisabled peers. Finding that the Cornwall Central School District violated the rights of a six-year-old child to a free and appropriate public education recommended for ESY services who was able to be educated successfully in at least some regular education classes with supports and services during the 10-month school year, the Court held that its failure to recommend them in a regular class setting with nondisabled peers violated his right to a FAPE.
In reaching its decision, the Court acknowledged that school districts that do not currently run summer school programs for nondisabled students are not required to create them to meet its mandate. Instead, the Court’s decision instructs them to take whatever steps are necessary to locate and arrange for ESY programs either through another public agency or a private school. For districts that are unable to locate a regular class setting to provide ESY services to those students entitled to them, the Court opined that in those cases “if practical issues make it objectively impossible or impracticable [for the school district] to provide a disabled student an ESY program in his LRE, the equitable calculus may weigh against reimbursement.” In effect, this decision provides a basis for courts and hearing officers to find an automatic violation of a student’s right to FAPE in those cases where a district is unable to locate an integrated class setting to provide ESY services to any student able to benefit from instruction in regular classes during the school year.
According to its guidance, the State Education Department has traditionally taken a different view that limited the LRE mandate to cases where a student’s skill areas identified to be in need of ESY services required an integrated setting to prevent substantial regression and suggested other sites beyond the regular classroom to locate them. See Extended School Year Programs and Services Questions and Answers.
We are seeking further guidance from the State Education Department in regard to the impact of this Court’s ruling. Regardless, however, this decision has an immediate impact on all school districts throughout the state, recommending special class placements for students with disabilities who require summer programs to prevent substantial regression over the summer months who are otherwise able to benefit from instruction in regular classes with supports and services during the school year. According to the Second Circuit Court of Appeals, such placements are in violation of the student’s right to a FAPE, with all of the IDEA remedies available, including claims for tuition reimbursement. In an effort to limit the impact of this decision, the District has filed a Petition to the Second Circuit requesting an en banc review.
At a minimum, this means that all districts should seek to identify such students now and go back to carefully consider and document the availability of any regular class programs run by other districts or private schools within a reasonable distance of your districts that run such programs. Where, despite all efforts it is impossible to do so, the Committee should take great care to discuss LRE in every meeting involving students with disabilities who have benefitted from instruction during the school year in regular classes, whether co-taught or with consultant teacher support, and discuss and document in your PWN and IEP all efforts to locate a regular class setting for the delivery of their summer program or services. Consistent with a longstanding policy from the State Education Department, it also remains a school district’s obligation to secure such placements where the Committee determines that the student requires an ESY program with nondisabled peers in order to prevent substantial regression in the targeted skill areas. In view of the extraordinary impact of this decision, the District has filed a petition to the Court to seek review. In the meantime, the decision and its ruling remain in full effect.
This article was written by Karen Norlander, Esq., counsel to CNYSEA and on the brief to the Circuit with Christopher Langlois, Esq. from Girvin & Ferlazzo, P.C. Special thanks to Mr. Langlois and Susan Fine, Esq. of Harris Beach for their invaluable insights regarding the impact of this decision on public schools.
[1] A copy of the full decision can be found at http://www.ca2.uscourts.gov/decisions/isysquery/530c70b4-106b-4401-8d43-31f7d9ae8e3a/7/doc/12-4301_opn.pdf.url. The relevant discussion regarding summer programs begins on page 31.
NYSED Approved Schools
Placements of students with disabilities by their parents in NYS-approved private (list of approved schools) schools are uncommon, but occasionally occur.
The CSE district is responsible for 100% of the tuition costs plus 39.425% of maintenance costs, if applicable, starting from the effective date of the Hearing Officer’s recommendation for placement.
The district will need to hold a CSE meeting to approve the placement and will need to process a DCERT on the STAC Online System.
Click here for more details from the NYS Education Department.
A new DCERT is required for students attending school year private placements. DCERTs need to be updated annually or if a student’s private school placement is changed to another private school. Please be sure to send us the DCERT before the student begins each program. For more information, please click the DCERT Guide NYSED.
For annual reviews, CSE chairpersons are advised to place a blank DCERT form, (see MAG’s Microsoft Word version) into the packets of students who are considered for approved private school placement for the first time or if they are recommended to continue.
In July 2013, the NYS Education Department established a new pre-approval procedure for placement of students with disabilities in Approved Private In-State and Out-of-State Day and Residential Placements. The new procedure requires all school districts to complete certifications (DCERTS) for all school-age private school reimbursements.
Since annual reviews are upon us, Management Advisory Group (MAG) of NY is urging each district to place a private placement certification form found at this link into each annual review folder if a student is being considered for initial placement or continuation in an approved private school. This form should be filled out during the CSE meeting and immediately submitted to our office for posting.
This DCERT form is completed annually under the following circumstances:
– Change From In-State To Out-of-State or Out-of-State to In-State Placement
– Change From Preschool to School Age
– Change of CSE Responsibility (Date Student Transferred In)
– Change of Placement From Day to Residential or Residential to Day Placement
– Continued Placement of Students With Disabilities in Approved Private Schools (During Annual Reviews)
– Initial Placement of Students With Disabilities in Approved Private Schools
For determination of approval for state reimbursement, the DCERT must be filed on the STAC website no later than six business days of the student’s start date.
Note for Transfer Students Only: When reporting DCERT information for transfer students, the STAC Unit has made a recent update to the Private Placement Certification screen (DCERT). The newly added field is “Change of CSE Responsibility.” This field is to be used only when a student transfers into a district and continues with the same education provider. The date entered in this field becomes the effective date of the certification. This “Change of CSE Responsibility” field allows districts time to hold their CSE meetings and complete their DCERTs in a timely fashion without adversely impacting the reimbursement. If the receiving CSE determines a change of placement which is different from the one made by the sending CSE, then the new CSE would need to generate two DCERTs, one for the time the student spent in the original placement and a new DCERT for the change of placement recommended by the receiving CSE.
Per the NYS Education Department, “The decision that a student needs an educational placement in a residential school, either In or Out-of-State, must be based on the Committee on Special Education’s (CSE) determination that there is no appropriate nonresidential school available to meet the educational needs of the student.”
Out-of-State placements need to have Out-of-State packets and assurances sent to the NYS Education Department.
Reapplications must be submitted annually prior to June 1 of the year preceding the school year for which funding is sought.
Initial approval of State reimbursement of tuition costs for a private school placement does not automatically mean that the application will be approved for subsequent years.
This link is the most current information addressing initial placement and reapplication.
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