Section 92-51-013 - Contracted Programs013.01 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; and013.02D4 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; or013.02G2 The school district or approved cooperative has agreed to the placement; or013.02G3 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; or013.02G4 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; and013.03C7 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; and013.03D4 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.92 Neb. Admin. Code, ch. 51, § 013
Amended effective 5/17/2022