Bill Text: VA SB356 | 2022 | Regular Session | Prefiled
Bill Title: Children's Services Act; special education programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-08 - Continued to 2023 in Finance and Appropriations (16-Y 0-N) [SB356 Detail]
Download: Virginia-2022-SB356-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-5211 and 2.2-5212 of the Code of Virginia are amended and reenacted as follows:
§2.2-5211. State pool of funds for community policy and management teams.
A. There is established a state pool of funds to be allocated
to community policy and management teams in accordance with the appropriation
act and appropriate state regulations. These funds, as made
available by the General Assembly, shall be expended for the provision of public or
private nonresidential or residential services for troubled youths children, youth, and families.
However, funds for private special education services shall only be expended on
private educational programs that are licensed by the Board of Education or an
equivalent out-of-state licensing agency. Effective July 1, 2022, funds for
private special education services shall only
be expended only
on private educational programs that the Office of Children's Services
certifies as having reported their tuition rates on a standard reporting
template developed by the Office. The Office of Children's Services shall
consult with private special education services providers in developing the
standard reporting template for tuition rates.
The purposes of this system of
funding are to state pool shall:
1. Place authority for making program and funding decisions at the community level;
2. Consolidate categorical agency funding and institute community responsibility for the provision of services;
3. Provide greater flexibility in the use of funds to purchase
services based on the strengths and needs of children, youths youth, and families; and
4. Reduce disparity in accessing services and to reduce inadvertent fiscal
incentives for serving children and youth according to differing required local
match rates for funding streams.
B. The state pool shall consist of funds that serve the target populations
identified in subdivisions 1 through 6 in the purchase of residential and
nonresidential services for children and youth. References to funding
sources and current placement authority for the targeted populations of
children and youth are for the purpose of
accounting for the funds in the pool. It is not intended that
children and youth be categorized by individual funding
streams in order to access services. The target population shall be
the following target populations:
1. Children and youth placed for purposes of special education in approved private school educational programs, previously funded by the Department of Education through private tuition assistance;
2. Children and youth with disabilities placed by local social services agencies or the Department of Juvenile Justice in private residential facilities or across jurisdictional lines in private, special education day schools, if the individualized education program indicates that such school is the appropriate placement while living in foster homes or child-caring facilities, previously funded by the Department of Education through the Interagency Assistance Fund for Noneducational Placements of Handicapped Children;
3. Children and youth for whom foster care services, as defined by §63.2-905, are being provided;
4. Children and youth placed by a juvenile and domestic relations district court, in accordance with the provisions of §16.1-286, in a private or locally operated public facility or nonresidential program, or in a community or facility-based treatment program in accordance with the provisions of subsections B or C of §16.1-284.1;
5. Children and youth committed to the Department of Juvenile
Justice and placed by it in a private home or in a public or private facility
in accordance with §66-14; and
6. Children Except as otherwise provided in subdivision 7,
children and youth previously placed pursuant to subdivision
1 in approved private school educational programs for at least six months who
will receive transitional services in a public school setting. State pool funds
shall be allocated for no longer than 12 months for transitional services.
Local agencies may contract with a private school education program provider to
provide transition services in the public school; and
7. Children and youth who transfer from an approved private school educational program to a public school special education program established and funded jointly by a local governing body and school division located within Planning District 16 pursuant to a memorandum of agreement for the purpose of providing special education, related services, or both, within a public day program, when (i) the public school special education program is able to provide services comparable to those for an approved private school special education program and (ii) the student would require placement in an approved private school special education program but for the availability of the public school special education program.
References to funding sources and current placement authority for the targeted populations of children and youth described in this subsection shall be for the purpose of accounting for the funds in the pool. Children and youth shall not be categorized by individual funding streams in order to access services.
C. The General Assembly and the governing body of each county
and city shall annually appropriate such sums of money as shall be sufficient
to (i) provide special education services and foster care services for children
and youth identified in subdivisions B 1, 2, 3, and
6, and 7 and (ii) meet relevant
federal mandates for the provision of these services. The Each community policy and
management team shall anticipate to the best of its ability the number of
children and youth for whom such services will be required and reserve funds
from its state pool allocation to meet these such needs. Nothing in this
section prohibits shall
prohibit local governments from requiring parental or legal
financial contributions, where not specifically prohibited by federal or state
law or regulation, utilizing a standard sliding fee scale based upon ability to
pay, as provided in the appropriation act.
D. When a community services
board established pursuant to §37.2-501, local school division, local social
service agency, court service unit, or the Department of Juvenile Justice has
referred Referral of
a child and family to a family assessment and planning team and that
team has recommended, recommendation by the
family assessment and planning team of the proper level of
treatment and services needed by that for the child and family, and has
determined determination by the family
assessment and planning team of the child's eligibility for
funding for services through the state pool of funds, then the shall satisfy the fiscal responsibility of the
community services board, the
local school division, local social services agency, court service unit, or
Department of Juvenile Justice has met its fiscal responsibility
for that to the
child for the with
regard to services funded through the pool. However, the
community services board, the
local school division, local social services agency, court service unit, or
Department of Juvenile Justice shall continue to be responsible for providing
services identified in an
individual family service plans plan that are within the
agency's scope of responsibility and that
are not funded
separately from through
the state pool.
Further, in any instance
that E. If a local
social services agency places an individual who is (i) 18 through 21 years
of age, inclusive, who is (ii) eligible for funding from
the state pool, and is (iii) properly defined as a school-aged school-age child with
disabilities pursuant to §22.1-213 is placed by a local social
services agency that has custody across jurisdictional
lines in a group home in the Commonwealth and the individual's individualized
education program (IEP), as prepared by the placing jurisdiction, indicates
that a private day school placement is the appropriate educational program for
such individual, the financial and legal responsibility for the individual's
special education services and IEP shall remain, in
compliance with the provisions of federal law, Article 2 (§22.1-213) of
Chapter 13 of Title 22.1, and Board of Education regulations,
the responsibility of the placing jurisdiction until the individual reaches the
age of 21, inclusive, or is no longer
eligible for special education services. The financial and legal
responsibility for such special education services shall remain with the
placing jurisdiction, in compliance with the
provisions of federal law, Article 2 (§22.1-213 et seq.) of Chapter 13 of
Title 22.1, and Board of Education regulations, unless the placing
jurisdiction has transitioned all appropriate services with the individual.
E. F. In any matter properly
before a court for which state pool funds are to be accessed, the court shall,
prior to final disposition, and pursuant to §§2.2-5209 and 2.2-5212, refer the
matter to the community policy and management team for assessment by a local
family assessment and planning team authorized by policies of the community
policy and management team for assessment to determine the recommended level of
treatment and services needed by the child and family. The family assessment
and planning team making the assessment shall make a report of the case or
forward a copy of the individual family services plan to the court within 30
days of the court's written referral to the community policy and management
team. The court shall consider the recommendations of the family assessment and
planning team and the community policy and management team. If, prior to a
final disposition by the court, the court is requested to consider a level of
service not identified or recommended in the report submitted by the family
assessment and planning team, the court shall request the community policy and
management team to submit a second report characterizing comparable levels of
service to the requested level of service. Notwithstanding the provisions of
this subsection, the court may make any disposition as is authorized or
required by law. Services ordered pursuant to a disposition rendered by the
court pursuant to this section shall qualify for funding as appropriated under
this section.
F. G. As used in this section,
"transitional services" includes services delivered in a public
school setting directly to students with significant disabilities or intensive
support needs to facilitate their transition back to public school after having
been served in a private special education day school or residential facility
for at least six months. "Transitional services" includes one-on-one
aides, speech therapy, occupational therapy, behavioral health services,
counseling, applied behavior analysis, specially designed instruction delivered
directly to the student, or other services needed to facilitate such transition
that are delivered directly to the student in their public school over the 12-month
period as identified in the child's individualized education program.
§2.2-5212. Eligibility for state pool of funds.
A. In order to be eligible for
funding for services through the state pool of funds, a A child,
youth, or family with a child, shall meet one or more of
the criteria specified in subdivisions 1 through 4 and
shall be eligible for funding through the state pool if it is
determined, through the use of a uniform
assessment instrument and in accordance with
process and by policies of the community
policy and management team to have access to these
funds., that the child or youth:
1. The child or youth has Has emotional or behavior
problems that:
a. Have persisted over a significant period of time or, though only in evidence for a short period of time, are of such a critical nature that intervention is warranted;
b. Are significantly disabling and are present in several community settings, such as at home, in school, or with peers; and
c. Require services or resources that are unavailable or
inaccessible, or that are beyond the normal agency services or routine
collaborative processes across agencies, or require coordinated interventions
by at least two agencies.;
2. The child or youth has Has emotional or behavior
problems, or both, and currently (i) is in, or is at imminent
risk of entering, purchased residential care. In
addition, the child or youth; (ii)
requires services or resources that are beyond normal agency services or
routine collaborative processes across agencies,; and (iii)
requires coordinated services by at least two agencies.;
3. The child or youth requires Requires placement (i) for purposes of special
education in approved private school educational programs or, (ii) for transitional
services as set forth in subdivision B 6 of §2.2-5211. or (iii) transfers
from an approved private school educational program to a public school special
education program established and funded jointly by a local governing body and
school division located within Planning District 16 pursuant to a memorandum of
agreement for the purpose of providing special education, related services, or
both, within a public day program, when (a) the
public school special education program is able to provide services comparable
to those for an approved private school special education program and (b) the
student would require placement in an approved private school special education
program but for the availability of the public school special education
program; or
4. The child or youth requires Requires foster care services
as defined in §63.2-905.
B. For purposes of determining eligibility for the state pool of funds, "child" or "youth" means (i) a person younger than 18 years of age or (ii) any individual through 21 years of age who is otherwise eligible for mandated services of the participating state agencies including special education and foster care services.