FUNDING FOR NONEDUCATIONAL SERVICES

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  

(a) Establishing responsibility for services. The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in paragraph (b) of this section and the SEA, in order to ensure that all services described in paragraph (b)(1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph (a)(3) of this section. The agreement or mechanism must include the following:   
    (1) An identification of, or a method for defining, the financial responsibility of each agency for providing services described in paragraph (b)(1) of this section to ensure FAPE to children with disabilities. The financial responsibility of each noneducational public agency described in paragraph (b) of this section, 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 responsible for developing the child’s IEP).   
    (2) The conditions, terms, and procedures under which an LEA must be reimbursed by other agencies.   
    (3) Procedures for resolving interagency disputes (including procedures under which LEAs may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.   
    (4) 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 described in paragraph (b)(1) of this section.  
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

Texas Education Code § 29.013. Noneducational Community-Based Support Services for Certain Students with Disabilities. 

(a) The agency shall establish procedures and criteria for the allocation of funds appropriated under this section to school districts for the provision of noneducational community-based support services to certain students with disabilities and their families so that those students may receive an appropriate free public education in the least restrictive environment.
. . . 


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered: Oct. 17, 2007

Texas Education Code § 29.013. Noneducational Community-Based Support Services for Certain Students with Disabilities. 

. . . 
(b)  The funds may be used only for eligible students 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.
. . . 


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered: Oct. 17, 2007

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(b) Obligation of noneducational public agencies. 
    (1)
       (i) If any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy or pursuant to paragraph (a) of this section, to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in §300.5 relating to assistive technology devices, §300.6 relating to assistive technology services, §300.34 relating to related services, §300.42 relating to supplementary aids and services, and §300.43 relating to transition services) that are necessary for ensuring FAPE to children with disabilities within the State, the public agency must fulfill that obligation or responsibility, either directly or through contract or other arrangement pursuant to paragraph (a) of this section or an agreement pursuant to paragraph (c) of this section.   
       (ii) A noneducational public agency described in paragraph (b)(1)(i) of this section may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.   
    (2) If a public agency other than an educational agency fails to provide or pay for the special education and related services described in paragraph (b)(1) of this section, the LEA (or State agency responsible for developing the child’s IEP) must provide or pay for these services to the child in a timely manner. 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 that agency must reimburse the LEA or State agency in accordance with the terms of the interagency agreement or other mechanism described in paragraph (a) of this section.  
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

Texas Education Code § 29.013. Noneducational Community-Based Support Services for Certain Students with Disabilities. 

. . . 
(d)  The provision of services under this section does not supersede or limit the responsibility of other agencies to provide or pay for costs of noneducational community-based support services to enable any student with disabilities to receive a free appropriate public education in the least restrictive environment.  Specifically, services provided under this section may not be used for a student with disabilities who is currently placed or who needs to be placed in a residential facility primarily for noneducational reasons.


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered: Oct. 17, 2007

Texas Education Code § 29.013. Noneducational Community-Based Support Services for Certain Students with Disabilities. 

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


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered: Oct. 17, 2007

Texas Education Code § 29.013. Noneducational Community-Based Support Services for Certain Students with Disabilities. 

. . . 
(d)  The provision of services under this section does not supersede or limit the responsibility of other agencies to provide or pay for costs of noneducational community-based support services to enable any student with disabilities to receive a free appropriate public education in the least restrictive environment.  Specifically, services provided under this section may not be used for a student with disabilities who is currently placed or who needs to be placed in a residential facility primarily for noneducational reasons.


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered: Oct. 17, 2007

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  

(a) Establishing responsibility for services. The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in paragraph (b) of this section and the SEA, in order to ensure that all services described in paragraph (b)(1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph (a)(3) of this section. The agreement or mechanism must include the following:   
    (1) An identification of, or a method for defining, the financial responsibility of each agency for providing services described in paragraph (b)(1) of this section to ensure FAPE to children with disabilities. The financial responsibility of each noneducational public agency described in paragraph (b) of this section, 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 responsible for developing the child’s IEP).   
    (2) The conditions, terms, and procedures under which an LEA must be reimbursed by other agencies.   
    (3) Procedures for resolving interagency disputes (including procedures under which LEAs may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.   
    (4) 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 described in paragraph (b)(1) of this section.  
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(c) Special rule. The requirements of paragraph (a) of this section may be met through—   
    (1) State statute or regulation;   
    (2) Signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or   
    (3) Other appropriate written methods as determined by the Chief Executive Officer of the State or designee of that officer and approved by the Secretary.  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  

(a) Establishing responsibility for services. The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in paragraph (b) of this section and the SEA, in order to ensure that all services described in paragraph (b)(1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph (a)(3) of this section. The agreement or mechanism must include the following:   
    (1) An identification of, or a method for defining, the financial responsibility of each agency for providing services described in paragraph (b)(1) of this section to ensure FAPE to children with disabilities. The financial responsibility of each noneducational public agency described in paragraph (b) of this section, 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 responsible for developing the child’s IEP).   
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  

(a) Establishing responsibility for services. The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in paragraph (b) of this section and the SEA, in order to ensure that all services described in paragraph (b)(1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph (a)(3) of this section. The agreement or mechanism must include the following:   
. . .   
    (2) The conditions, terms, and procedures under which an LEA must be reimbursed by other agencies.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  

(a) Establishing responsibility for services. The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in paragraph (b) of this section and the SEA, in order to ensure that all services described in paragraph (b)(1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph (a)(3) of this section. The agreement or mechanism must include the following:   
. . .    
    (3) Procedures for resolving interagency disputes (including procedures under which LEAs may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  

(a) Establishing responsibility for services. The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in paragraph (b) of this section and the SEA, in order to ensure that all services described in paragraph (b)(1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph (a)(3) of this section. The agreement or mechanism must include the following:   
. . .   
   (4) 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 described in paragraph (b)(1) of this section.  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  

(a) Establishing responsibility for services. The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in paragraph (b) of this section and the SEA, in order to ensure that all services described in paragraph (b)(1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph (a)(3) of this section. The agreement or mechanism must include the following:   
    (1) An identification of, or a method for defining, the financial responsibility of each agency for providing services described in paragraph (b)(1) of this section to ensure FAPE to children with disabilities. The financial responsibility of each noneducational public agency described in paragraph (b) of this section, 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 responsible for developing the child’s IEP).   
    (2) The conditions, terms, and procedures under which an LEA must be reimbursed by other agencies.   
    (3) Procedures for resolving interagency disputes (including procedures under which LEAs may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.   
    (4) 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 described in paragraph (b)(1) of this section.  
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(b) Obligation of noneducational public agencies. 
    (1)
       (i) If any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy or pursuant to paragraph (a) of this section, to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in §300.5 relating to assistive technology devices, §300.6 relating to assistive technology services, §300.34 relating to related services, §300.42 relating to supplementary aids and services, and §300.43 relating to transition services) that are necessary for ensuring FAPE to children with disabilities within the State, the public agency must fulfill that obligation or responsibility, either directly or through contract or other arrangement pursuant to paragraph (a) of this section or an agreement pursuant to paragraph (c) of this section.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(b) Obligation of noneducational public agencies. 
    (1)
. . .   
       (ii) A noneducational public agency described in paragraph (b)(1)(i) of this section may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

. . . 
(b)  The Health and Human Services Commission shall provide reimbursement to a provider under the school health and related services program for audiology services provided to a child who is eligible for the services under Subsection (a).
. . . 

Last Amended: 86th Leg., R.S., Ch. 1039 (H.B.684), Sec. 2, eff. June 14, 2019
Entered: July 22, 2019

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(b) Obligation of noneducational public agencies. 
. . .   
    (2) If a public agency other than an educational agency fails to provide or pay for the special education and related services described in paragraph (b)(1) of this section, the LEA (or State agency responsible for developing the child’s IEP) must provide or pay for these services to the child in a timely manner. 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 that agency must reimburse the LEA or State agency in accordance with the terms of the interagency agreement or other mechanism described in paragraph (a) of this section.  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(b) Obligation of noneducational public agencies. 
. . .   
    (2) If a public agency other than an educational agency fails to provide or pay for the special education and related services described in paragraph (b)(1) of this section, the LEA (or State agency responsible for developing the child’s IEP) must provide or pay for these services to the child in a timely manner. 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 that agency must reimburse the LEA or State agency in accordance with the terms of the interagency agreement or other mechanism described in paragraph (a) of this section.  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(b) Obligation of noneducational public agencies. 
. . .   
    (2) If a public agency other than an educational agency fails to provide or pay for the special education and related services described in paragraph (b)(1) of this section, the LEA (or State agency responsible for developing the child’s IEP) must provide or pay for these services to the child in a timely manner. 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 that agency must reimburse the LEA or State agency in accordance with the terms of the interagency agreement or other mechanism described in paragraph (a) of this section.  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

Non-educational Community-Based Support Services (TEA)