Re: Intro and Funding - autism scholarship FAQ

[Guest guest]

From another list I am on. Chris

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With schools starting in a month, we thought it would be timely to send out

a Q & A on the Autism Scholarship Program. For more details, go to the Ohio

Dept of Education web site:

http://www.ode.state.oh.us/exceptional_children/children_with_disabilities

and scroll down to the Autism Scholarship Program.

Autism Scholarship Program

Questions and Answers

ELIGIBILITY:

1. What does a parent have to do for his/her child to participate in the

ASP?

Some of the important things for a parent to do include the following:

· The parent must enroll their child in their public district of residence

if the child is not currently enrolled in the district.

· The child must have a current multifactored evaluation (MFE) which states

that the child is eligible for services under the category of autism under

the Individuals with Disabilities Education Act (IDEA). See Question 4.

· The child must also have a current Individualized Education Program (IEP)

that is finalized and all parties, including the parent, must be in

agreement with the IEP. (The MFE and IEP must be written by the district of

residence.)

· There can be no administrative or judicial mediations or proceedings

pending with respect to the content of the child's IEP.

· Once these documents are in place, a parent may apply for participation in

the Autism Scholarship Program (ASP) with the Ohio Department of Education

(ODE), Office for Exceptional Children (OEC) by visiting the department's

website or by calling (614) 466-2650 to request an application.

· If a parent is applying for the 2006-2007 school year, new forms are now

available.

2. What is the deadline for applying for the 2006-2007 school year?

There is NO deadline for applying to the ASP. Parents and providers can

apply to the program at any time. What is important to note is that parents

cannot claim services for reimbursement in the ASP prior to the date on

which they were approved. The 2006-2007 ASP school year begins July 1, 2006.

3. How will the district of residence record the child's participation in

the ASP on an IEP?

The district will NOT record the child's participation in the ASP on the

child's IEP and should not refer to the ASP private provider on the IEP. The

district of residence will complete the IEP as if the district of residence

will be implementing the IEP.

4. Does the IEP need to specify a diagnosis of autism?

The diagnosis would be on the Evaluation Team Report of the MFE not the IEP.

However, to qualify for the ASP, a school-age child must have been

identified as a child with a disability by the school district of

residence's evaluation team under the category of autism as specified in the

Individuals with Disabilities Education Act (IDEA).

· A child who has been identified as having a " pervasive developmental

disorder - not otherwise specified (PDD-NOS) " shall be considered to be an

autistic child for purposes of the ASP per the language in Section 206.09.84

of Am. Sub. H.B. 530 of the 126th General Assembly.

(A copy of this identification is maintained on file at the school district

of residence)

A preschool-age child's evaluation to determine if the child qualifies as a

child with a disability under the category of autism, as specified in IDEA,

must include the following documentation:

· a diagnosis of autism by a physician or psychologist using criteria

outlined in the most recent edition of the Diagnostic and Statistical Manual

(DSM);

· deficits in communication and adaptive behavior; and

· at least three observations of the child that document behavior consistent

with autism conducted by a person knowledgeable and experienced with autism,

but who is not a member of the child's family.

· A child who has been identified as having a " pervasive developmental

disorder - not otherwise specified (PDD-NOS) " shall be considered to be an

autistic child for purposes of the ASP per the language in Section 206.09.84

of Am. Sub. H.B. 530 of the 126th General Assembly.

(A copy of this identification is maintained on file at the school district

of residence)

5. Are children in foster placement eligible to participate in the program?

Children in foster placement are eligible to participate in the program if

the child's parent, as defined in Ohio Revised Code (ORC) Section 3313.64,

makes application for the child to participate in the program, and the

application is submitted and approved.

Under Revised Code Section 3313.64, " 'Parent' means either parent, unless

the parents are separated or divorced or their marriage has been dissolved

or annulled, in which case 'parent' means the parent who is the residential

parent and legal custodian of the child. When a child is in the legal

custody of a government agency or a person other than the child's natural or

adoptive parent, 'parent' means the parent with residual parental rights,

privileges, and responsibilities. When a child is in the permanent custody

of a government agency or a person other than the child's natural or

adoptive parent, " parent " means the parent who was divested of parental

rights and responsibilities for the care of the child and the right to have

the child live with the parent and be the legal custodian of the child and

all residual parental rights, privileges, and responsibilities. "

6. Are there any special requirements and/or limitations for children on

Medicaid waivers?

No.

7. If a child is attending a special education class provided by an

educational service center (ESC), is the child eligible to participate in

the Autism Scholarship Program (ASP)?

Yes. There are a number of different scenarios regarding this issue. The

following applies:

· A child with autism who attends a public special education program under a

contract, compact, or other bilateral agreement can apply and be approved

for the ASP. However, the child cannot continue in the contract special

education program and the parent can only use the scholarship for the child

to attend a special education program for which the parent is required to

pay for services for the child.

· If the child is approved to participate in the ASP, that child could NOT

use the scholarship to attend an educational service center (ESC) or other

public district that is providing a special education program that operates

under a contract, compact, or other bilateral agreement with the child's

school district of residence.

· A child who has been approved to participate in the ASP could use the

scholarship to attend an ESC or other public district that is providing a

public special education program that does NOT operate under a contract,

compact, or other bilateral agreement with the school district of residence,

if the parent would normally be required to pay for services from that ESC.

8. Can a parent whose child has been approved for the ASP choose to place

the child in another school district that is not the district of residence

or a nonpublic school?

The parent whose child is approved to participate in the program can choose

to place their child in a public district in which the parent would normally

be required to pay for services. (For example, the parent could not use an

open enrollment district in the Autism Scholarship Program.) Also, the

parent can choose to receive services from a nonpublic school in the program

provided the nonpublic school is registered/approved by ODE as a participant

in the program.

Please note that parents of children who are receiving services from one of

these examples prior to being approved to enter the program must apply to

the program and get approved to claim services and receive reimbursement.

(In all cases, there must be a current and agreed upon IEP created by the

district of residence.)

9. Can a community school student participate in the Autism Scholarship

Program? Who is responsible for writing a current MFE and IEP for a

community school student whose parents want to apply for the ASP?

Yes, a parent whose child attends a community school may apply to

participate in the program. The district of residence would be responsible

for a current MFE and IEP when the child reenrolls in their district of

residence so that the parent may apply to the ASP. The parent must withdraw

the child from the community school and use the scholarship for the child to

attend a special education program for which the parent is required to pay

for services for the child.

(Please note: Community schools cannot be providers in the Autism

Scholarship Program.)

PRESCHOOL ELIGIBILITY:

10. Is a preschool diagnosis of pervasive developmental disorder (PDD) the

same as a diagnosis of autism, and is the child eligible for the

scholarship?

(Please Note: A diagnosis of Pervasive Developmental Disorder - Not

Otherwise Specified (PDD-NOS) would qualify a child for the scholarship.

Also see question 4.

11. How old must a child be to participate in the ASP?

A child is eligible to apply to participate in the program when the child

turns 3, and if the child meets all other program eligibility requirements.

12. How will the funding be calculated for a preschool student who was in an

educational service center (ESC) preschool unit when that child is approved

for and participates in the ASP?

A preschool child with a disability who participates in the ASP will

initially be included in the district's state funding (i.e., category 6

weighted funding) according to that district's state share percentage. The

scholarship amount will then be deducted from the resident district - the

same as school-age students. (ESCs do not get weighted funding. ESCs receive

unit funding.)

If a child is enrolled in a preschool special education unit on December 1

and then enters the Autism Scholarship Program after December 1, the child

will continue to count toward the district's or ESC's minimum count required

for unit funding, in addition to being initially counted in the district of

residence state funding (category 6 weighted funding). (Please note that a

child does not count toward a preschool special education unit if they leave

the school district before December 1.)

If a child was enrolled in the Autism Scholarship Program on December 1, the

child will NOT count toward the minimum number of children needed for

preschool unit funding for the district or the ESC for the school year.

DISTRICT RESPONSIBILITY:

13. How will the district of residence be aware of students who are approved

to be in the program and who are going to a private provider or other

provider?

The Ohio Department of Education will notify the district when the child is

approved to participate in the program, and when the child is no longer

participating in the program. Parents must notify the district of residence

when they are entering the program - i.e., when services from the provider

begin.

14. Can parents continue to have the school district of residence provide

services and then participate in the ASP for extended school year services

with a private provider providing services?

No. If the parent elects to have his/her child participate in the ASP, then

the child's entire IEP would be implemented, including extended school year

services, as part of the child's total special education program by a

provider (or multiple providers) - not by the child's school district of

residence. A parent must chose between the district of residence

implementing the IEP or the IEP being implemented, in its entirety, by a

provider or providers approved to participate in the ASP.

15. If the parent believes that the school district of residence is not

implementing the IEP as written and agreed upon by the IEP team, can the

parent use the IEP to get approved and participate in the program?

The parent may participate in the program if:

a. the child meets all eligibility criteria for participation in the

program;

b. the child's current IEP is finalized and all parties, including the

parent, are in agreement with the IEP; and

c. there are no administrative or judicial mediations or proceedings pending

with respect to the content of the child's IEP.

So, if the parent agrees with the IEP as written, their child can be

approved to participate in the ASP.

16. Will districts report data for the children who are participating in the

scholarship program through the Educational Management Information System

(EMIS)?

Students who are in the ASP during the October count week must be reported

in the October EMIS. Enter program code 212100 in the student's file. This

identifies the student as participating in the ASP. Also, October reporting

in the EMIS requires some attendance.

Students who were enrolled in the district of residence prior to entering

the ASP would be reported in the June EMIS. An important issue is reporting

attendance and absence in the EMIS. A student in the ASP should not have

attendance or absence reported in the EMIS for the days in which they are

participating in the ASP.

For preschool students please contact Kim Carlson or Sproul in the

Office of Early Childhood Education for assistance at 614-466-0224.

17. How will districts get information on students participating in the

Autism Scholarship Program in order to complete annual reviews of IEPs?

The registered private provider, other public school district, or other

public provider, will provide regular progress reports (as outlined on the

child's IEP) to the child's district of residence. The progress reports

should summarize the child's progress towards the goals and objectives on

the IEP.

18. If the parents are considering having their child participate in the ASP

at the time the IEP is being created, may the provider who the parents are

considering to be the implementer of the child's IEP, participate in the IEP

meeting at which goals and objectives are identified?

The parent can invite other participants to the IEP meeting. If the parent

chooses to invite the provider, the provider may attend the IEP meeting.

TRANSPORTATION:

19. Who is responsible for transportation?

Transportation responsibilities depend on Rule 3301-51-10 of the Ohio

Administrative Code and ORC Sections 3314.09 and 3327.01through 3327.05.

Situations are as follows:

· If transportation is listed on the IEP as a related service, the parent

may obtain transportation from a registered private provider qualified to

provide such transportation and claim it for reimbursement through the

Autism Scholarship Program. The resident district is under no obligation to

provide transportation as a related service.

· If transportation is NOT listed on the IEP as a related service and the

parent chooses a registered private provider, the parent would be

responsible for transporting the child to the registered private provider.

· If transportation is NOT listed on the IEP as a related service and the

parent obtains services for their child through the Autism Scholarship

Program from a nonpublic school that is chartered or operating under a

letter of approval, the child is ONLY entitled to the same transportation

being offered by the resident district to regular education students

attending that nonpublic school, as required in ORC 3327.01.

RELATED SERVICES:

20. If the services in the ASP exceed $20,000 per year OR if a parent wants

more service than is specified on the IEP, who is responsible for the costs

of these services?

Parents can only claim and receive payment for services specified on the

child's IEP. If the cost of the implementation of the IEP exceeds $20,000

per year, the parent would be responsible for covering the additional cost.

PRIVATE PROVIDER:

21. Who is responsible for monitoring and ensuring that the IEP is

implemented as written?

The parent(s) chooses the provider and must ensure that the IEP is

implemented as written. Also, the district of residence will be responsible

for the annual IEP and will be receiving regular progress reports from the

providers about the child's progress.

22. Can a parent use all $20,000 prior to the end of the school year in the

ASP and return the child to the resident school district for the last

quarter of the school year?

The parent can return to the district of residence at any time - even before

the $20,000 is exhausted. However, if the parent returns the child to the

resident school district for placement, the child is withdrawn from the ASP.

If the withdrawal from the program did not involve health and/or safety

issues or documented extenuating circumstances, the child is ineligible for

reinstatement into the program.

23. Can a nonpublic school be a provider in the ASP? Do they require one

year of experience providing special education? Do they need to be

approved/registered?

A nonpublic school may become a registered private provider. The nonpublic

school must have been in operation for at least one full school year prior

to enrolling children in the autism scholarship program. This is one of a

number of requirements that must be met in order to be approved by ODE as a

registered private provider. The special education services that the

nonpublic can provide in the ASP are dependent upon the credentials of the

staff implementing the child's IEP. See the program rules, guidelines, and

application materials for details.

STATE WIDE TEST:

24. When a child takes a statewide test, where are the scores reported? The

resident district or the private provider? Will the district have the child

reported as non-tested on their report card?

The reporting of a child's statewide testing scores as well as the credits a

child earns and the awarding of a high school diploma will be governed by

the rules already established regarding participation in assessments,

awarding of credits, and issuance of a diploma. If these rules do not

address a particular child's situation, then for those children in grades 3

through 8, the IEP team will address the issue of achievement and diagnostic

testing prior to the child's participating in the ASP, and those decisions

will be recorded on the child's current IEP. For those children who are in

grades 9 through 12, the issue of earning credits toward graduation as well

as the issuance of a diploma will be addressed prior to the child's

participation in the scholarship program, and those decisions will be

documented on the child's current IEP.

SCHOLARSHIPS AMOUNT/FUNDING:

25. How will the $20,000 be deducted from the district? Will it be a one

time deduction from the resident district or will it be in increments?

Every three (3) months, the Ohio Department of Education, Office of School

Finance, will deduct funding from the resident districts in an amount equal

to the amount of funding distributed to the parents for the three months.

The payment periods and relevant dates are listed in the ASP Guidelines.

26. Does the scholarship money that parents receive for the scholarship

program, count as taxable income?

The Ohio Department of Education cannot make a determination on what is or

is not taxable income. Please confer with a tax attorney, accountant, or the

Internal Revenue Service for information related to this question.

MISCELLANEOUS QUESTIONS:

27. What is the definition of community school?

Please see Chapter 3314 of the Ohio Revised Code. A community school,

created under Chapter 3314, is a public school, independent of any school

district, and is part of the state's program of education.

28. If a parent contracts with a specific type of provider, for example a

speech therapist, but does not contract with other providers to implement

the complete IEP, how will the rest of the services specified in the IEP be

provided? For example, educational instruction?

It is the parent's responsibility to choose a provider or providers and to

ensure that the IEP is implemented completely as written. The program will

only reimburse parents for services listed on the IEP.

29. Does ODE have a list of public schools currently offering specialized

autistic programs, with a contact name?

The Ohio Department of Education (ODE) does not have such a list. There is a

list of registered private providers that is available on ODE's website.

30. Do children currently enrolled in or receiving services from an approved

registered private provider need to be withdrawn or discontinue services

from the private provider program and enrolled in their district of

residence until the necessary " paperwork " can be completed and then

re-enroll the child in the private provider program?

The child does not have to withdraw from a current placement but must be

reenrolled in the district of residence to receive an IEP. The law requires

child find, an evaluation, and a determination of eligibility and an offer

of a Free and Appropriate Public Education (FAPE) by the district of

residence to the parent without enrollment.

A district documents an offer of FAPE in one of two ways. The district may

draft an IEP or they may provide the parent prior written notice which

outlines FAPE within the notice. Therefore, the parent may need to reenroll

the child in the district of residence in order to receive an IEP depending

on the practices of the district. There would be no reason for the child to

reenroll in the district until such time as the parents determine that they

want their child to participate in the ASP.

If the district does create an IEP to offer FAPE, then the child would have

to be enrolled in the district to participate in the ASP, but could continue

to attend the provider's program. The ASP scholarship would pay up to

$20,000 per year for this program from the date on the letter of approval

sent to the parent and the district of residence by ODE (assuming the

provider is approved as of that date).

31. Will districts need to withdraw the child from the district and what

kind of data would need to be maintained on that child?

The child is NOT withdrawn from the district upon entrance into the ASP.

[Please note: A student is not officially in the ASP until they are approved

by ODE and begin receiving services from their approved provider(s).] The

child remains enrolled in the district but the resident district is relieved

of the requirement to provide FAPE. Although the IEP is maintained by the

resident district, the IEP is implemented by another provider chosen by the

parents.

When reporting these students in the EMIS, enter program code 212100 in the

student's file.

32. Will there be any proration of payment for any child that attends the

Autism Scholarship Program less than the full payment period?

Yes, ODE will prorate services based on when a child begins to receive

services in the autism scholarship program, assuming both the parent/child

and the provider(s) have been approved.

Examples:

· Proration is most relevant when a child enters the program. The proration

rates for anything less than the full four months are $650 per week and

$2,500 per month.

· If a child entered the program during the first week of April, the maximum

a parent could claim for services is $7,000.

· If a child enters the program during the third week of January, the

maximum amount a parent could claim for services is $14,000.

· The same proration rules would apply if a child withdraws from the program

before the end of the specific payment period.

33. Can a parent claim reimbursement for services that are not listed on the

child's IEP? For example, could a provider use Applied Behavioral Analysis

(ABA) therapy even if it is not listed on the IEP?

Services and/or education provided to children that are not listed on the

child's IEP CANNOT be claimed for reimbursement through the ASP. Only

services listed on the IEP can be claimed for reimbursement by the provider

and the parent.

A parent could use ABA to implement the goals and objectives on the IEP.

However, ABA is a methodology and methodologies do not appear on IEPs. The

person who is implementing the ABA would have to be certificated and a

registered provider or employed by a registered provider. If the parents use

college students, relatives, or friends who are not registered providers or

who are not employed by registered providers and who do not have the proper

certification to provide the direct service component of this methodology,

the ASP program would not reimburse this service.

Also, unless the IEP lists consultation with a psychologist or medical

doctor, that component would not be reimbursed. If the IEP listed a

consultative component as part of services to be provided, then the

consultation could be reimbursed. Whether ABA could be reimbursed depends on

how the program is set up and the employment and certification of the

individuals participating.

[Guest guest]

That's great that you shared this info, Chris. I have seen the site, of course, but I think it is good to send out as it clarifies a lot of the issues. Would you mind telling me what other group you are on that is such a good information source?

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[Guest guest]

The Akron chapter of the ASA.

>

> That's great that you shared this info, Chris. I have seen the site,

of course, but I think it is good to send out as it clarifies a lot of

the issues.

>

> Would you mind telling me what other group you are on that is such

a good information source?

>

>