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FUNDING FOR NONEDUCATIONAL SERVICES  
 

Authorities: 34 C.F.R. Part 300; Texas Education Code

 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES



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The Texas Education Agency will establish procedures and criteria for the allocation of funds to local educational agencies (LEAs) for the provision of noneducational community-based support services to certain children with disabilities and their families so that those children may receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). 300.154(a)
TEC 29.013(a)


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The funds may be used only for eligible children with disabilities who would remain or would have to be placed in residential facilities primarily for educational reasons without the provision of noneducational community-based support services. TEC 29.013(b)


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The provision of noneducational community-based support services does not supersede or limit the responsibility of other agencies to provide or pay for costs of noneducational community-based support services necessary to enable any child with disabilities to receive a FAPE in the LRE. 300.154(b)
TEC 29.013(d)


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The support services may include in-home family support, respite care, and case management for families with the child who otherwise would have been placed by the LEA in a private residential facility. TEC 29.013(c)


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Noneducational community-based support services provided may not be used for the child with a disability who is currently placed, or who needs to be placed, in a residential facility primarily for noneducational reasons. TEC 29.013(d)


NONEDUCATIONAL PUBLIC AGENCIES



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The state will develop a mechanism, including state statute or regulation, or signed agreement between respective agency officials that clearly identifies the responsibilities of each agency relating to the provision of services, or other appropriate written materials, to ensure interagency coordination of services to provide a FAPE to the child with a disability, including: 300.154(a)
300.154(c)


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  • Identification of, or a method for defining, the financial responsibility of each agency for providing services;
300.154(a)(1)


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  • Conditions, terms, and procedures under which the LEA must be reimbursed by other agencies;
300.154(a)(2)


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  • Procedures for resolving interagency disputes to secure reimbursement from other agencies or otherwise implement the provisions of the agreement; and
300.154(a)(3)


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  • Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services to ensure the provision of a FAPE for the child with a disability.
300.154(a)(4)


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The financial responsibility of each agency for providing services to ensure a FAPE, including the state Medicaid agency and other public insurers of children with disabilities, must precede the financial responsibility of the LEA, or the state agency responsibility for developing the child's individualized education program (IEP). 300.154(a)


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If a public agency other than an education agency is required to provide or pay for services that are also considered special education and related services, the public agency must fulfill that obligation either directly through contract or other arrangement consistent with this framework. 300.154(b)(1)(i)


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A noneducational public agency may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context. 300.154(b)(1)(ii)


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If a public agency other than an educational agency fails to provide or pay for special education and related services needed to ensure a FAPE, the LEA, or state agency responsible for developing the child's IEP, must provide or pay for these services in a timely manner: 300.154(b)(2)


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  • The LEA or state agency is authorized to claim reimbursement for the services from the noneducational public agency that failed to provide or pay for these services; and
300.154(b)(2)


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  • The noneducational public agency must reimburse the LEA or state agency in accordance with the terms of the agreement or other mechanism developed by the state consistent with this framework.
300.154(b)(2)

 
 
Last Updated: Thursday, September 24, 2015