Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS
Section 92-51-013 - Contracted Programs
Universal Citation: 92 NE Admin Rules and Regs ch 51 ยง 013
Current through March 20, 2024
013.01 Special education programs and support services may be provided by contracting with another school district, approved cooperative, or with a Nebraska Department of Education provisionally approved service provider. Responsibility for compliance with state and federal regulations for programs for children with disabilities remains with the school district.
013.02 The school district of residence or approved cooperative shall be responsible for the development and maintenance of the lEP, and the participation in all lEP meetings and shall assure that lEP meetings are arranged with the contracted program and the parents. Such arrangements may include meetings with the contracted program, the school district, the approved cooperative, and the parent. Meetings may occur within the district, at the contracted program site or another site if more appropriate.
013.02A The parent, the school
district and a contracted program representative shall be involved in any
decision about the lEP.
013.02B The
expenditures for special education contractual services shall be considered for
payment of allowable costs under the following conditions;
013.02B1 The services claimed by the school
district or approved cooperative were provided by contracted programs whose
service(s) and rate(s) were provisionally approved by the Nebraska Department
of Education.
013.02C The
school district or approved cooperative will be allowed a forty-five (45)
calendar day grace period when entering into contracts with programs not
provisionally approved by the Nebraska Department of Education. Within this
forty-five day grace period a school district or approved cooperative is
responsible for notifying the program of the application and approval
requirements of the Nebraska Department of Education.
013.02C1 If the contracted program, other
than a school district or approved cooperative fails to submit an application
within the forty-five (45) calendar day grace period, the school district or
approved cooperative is required to seek and obtain placement for the child in
a provisionally approved program within fourteen (14) calendar days following
the expiration of the grace period. If the agency's application for approval is
denied by the Nebraska Department of Education, the school district or approved
cooperative is required to seek and obtain placement for the child in a
provisionally approved program within fourteen (14) calendar days following
notification of the denial.
013.02C2 The cost of services provided by a
contracted program which is not granted provisional approval by the Nebraska
Department of Education will not be reimbursed.
013.02D The school district or approved
cooperative and the provisionally approved contracted program shall enter into
a contract which shall include but need not be limited to:
013.02D1 A description of the services to be
provided;
013.02D2 Names of
children to be served;
013.02D3 A
cost schedule for the services; and
013.02D4 The Nebraska Department of Education
service code and agency code for the service(s) provided.
013.02E The school district or approved
cooperative shall have on file a signed copy of the contract.
013.02F The school district or approved
cooperative shall monitor the progress of those children for whom they have
contracted. For each child contracted for services, the school district or
approved cooperative shall maintain within the school district or approved
cooperative all applicable records as follows: a record of all referral
information, notice to parents, parent notice and consent for initial
evaluation, multidisciplinary evaluation team report, notification of lEP
meeting, the individual education program, parent notice and consent for
initial placement, notice of change of placement or program termination, notice
of reevaluation, and other supportive data. School districts or approved
cooperatives may elect to enter into agreements with provisionally approved
contracted programs for the proper maintenance and protection of personally
identifiable data on children with disabilities.
013.02G The school district or approved
cooperative shall be liable for the payment of the educational costs for the
placement of a child in a program not operated by the school district or
approved cooperative when;
013.02G1 The school
district or approved cooperative initiated the placement; or
013.02G2 The school district or approved
cooperative has agreed to the placement; or
013.02G3 The school district or approved
cooperative is party to a decision under 92 NAC 55 which requires such
placement and which has not been appealed by the school district or approved
cooperative; or
013.02G4 The school
district or approved cooperative has been a party to litigation resulting in a
court order requiring the placement.
013.03 Nebraska Department of Education Provisionally Approved Service Provider Responsibility
013.03A With the exception of inservice
providers and consultants who provide special education training for parents
and staff which directly assist in providing appropriate programs for children
with verified disabilities, all service providers contracting with a school
district or approved cooperative shall seek approval and obtain a provisionally
approved rate, service code^ and agency code for such services.
013.03B The school district or approved
cooperative shall pay an amount equal to the average per pupil cost (program
per pupil cost) of the service agency of the preceding year or the cost as
agreed upon pursuant to the contract to the agency providing the educational
program for each child with a disability.
013.03C Service providers who request
reimbursable rates exceeding NDE established rates shall submit, on forms
provided by the Nebraska Department of Education, the following;
013.03C1 Personnel and their
qualifications;
013.03C2 A cost
schedule for services (for allowable costs, see Sections 011 and
012);
013.03C3 A written
description of services;
013.03C4
Separation of sectarian educational costs and non-sectarian educational costs,
if applicable;
013.03C5 Separation
of the cost of residential care costs from the cost of the educational program,
if applicable;
013.03C6
Documentation of conformance with building codes and safety requirements, if
applicable; and
013.03C7 For
Educational Service Units, a final report of expenditures which is due within
45 days after the service provider's fiscal year end.
013.03D Service providers who request
reimbursable rates at or below NDE established rates shall submit,
electronically via the NDE website to the Nebraska Department of Education, the
following:
013.03D1 Personnel and their
qualifications;
013.03D2 A cost
schedule for services;
013.03D3 A
written description of services; and
013.03D4 Documentation of conformance with
building codes and safety requirements, if applicable.
013.03E Service providers must have on file a
copy of the child's current lEP.
013.03F Service providers shall provide
reasonable notice to the school district or approved cooperative prior to
termination of services by the provider.
013.03G Service providers shall not be
considered provisionally approved until the Commissioner of Education or
designee grants such approval.
013.03H Service providers shall be considered
for provisional approval annually.
013.03I When residential care is required for
a child to attend an education program, the education program must be approved
by the Commissioner of Education or designee prior to approval for residential
care.
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