Billing for Non-Resident

Students and Services

May 2018

Coffee Talk

STATE AID & FINANCIAL PLANNING SERVICE

When Might I send or receive a bill for

a non-resident student?2

Foster child in your district attending various

programs

District to District Placement

Parental Placement (Public)

Attending nonpublic school w/ special ed. services

Health Services for students attending nonpublic

school

What’s the goal?3

1. Determine who’s responsible for what

2. Ensure fair and reasonable costs

3. Ensure timeliness of notification and billing

4

Changes to NYS Education Law5

§3244 is added to NYS Ed Law

§3202 of Ed. Law also amended

Defines “players” – education piece

Changes to NYS Education Law6

Education process

DSS with LEA determine education placement

Attending NYS school and placement is in contiguous state? Can still attend NYS school

If foster placement changes, can still attend district of origin or another district if in “best interest”

District of Attendance shall immediately enroll

What if charter school is school of origin?

Reimbursement – According to §3202 and format in Commissioner’s Regulations

Foster Care7

District of Residence (District where the foster,

agency boarding or group home is located):

CSE Responsible District

Arranges Educational Services

Files STAC forms

Charges Net tuition to District of Origin

◼ Actual cost less Foundation Aid, Public Excess High Cost

Aid or Private Excess Cost Aid generated by student

OR

◼ NRT Rate from NRT Output Report less Public Excess

High Cost Aid generated by student (In-District placement)

Foster Care8

District of Origin: District where the pupil

resided prior to placement in such foster,

agency boarding or group home (identified on

DSS Form 2999)

Financially responsible

Does not change if the child remains under the

care of DSS (even if parents move out of district)

Under new section 3244 of Ed. Law, district of

origin is established no matter the age of the

child

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Actual Cost Method

Actual Cost Method10

stateaid.nysed.gov 11

123456 ABC CSD

Non-Resident Tuition (NRT) Output Report

12

Reporting Foster Students in SAMS13

State Aid Form Entries to be completed by District

of Origin:

Form A – Selected entries:

Entries 19-54

◼ If student is receiving special ed. services, FTE should be reported as a

Resident Student Attending Other Public School

Entries 55-57

◼ FTE of Resident Students with Disabilities in Other Public School District

Entries 59-61

◼ FTE of Non Disabled Resident Students in Other Public Schools or

BOCES

Reporting Foster Students in SAMS14

State Aid Form Entries to be completed by District of

Residence: BEDS Enrollment Data

Form A – Selected entries as follows: ADA on Form A

If student is receiving special education services, the FTE should be reported at one of the following entries for Non-Resident Students:

Entries 22-24 – 60% of the day

Entries 34-36 – 20% of the week

Entries 46-48 – Consultant Teacher

Entries 62-64◼ FTE of Non-Resident Students in this district

STAC if applicable◼ Do not use NRT rate on STAC

◼ Determine actual cost for special ed. services for STAC

Foster Care Students: Suggestions15

Develop a system for tracking all foster students

educated by the district

Communicate with District of Origin

Generate bills in a timely fashion

District to District Placement16

Steps to Consider

Discussing an estimated cost and methodology

beforehand◼ Formal Contract?

Knowing when the billing is going to occur

Working together to make it more agreeable

Non-Resident Parental Placement

Count student for state aid purposes-Foundation Aid

Bill parents w/ Estimated NRT or BOE Approved rate

What about taxes paid on property owned?

Adjust the bill? Disabled vs Nondisabled

17

Billing for Parentally Placed Students With

Disabilities in Nonpublic Schools18

Billing for Parentally Placed SWD

in Nonpublic Schools19

School district where nonpublic school is located

(DOL) is responsible for:

◼ Child Find and evaluations

◼ CSE responsibilities

◼ Provision of special education services

◼ Consultation with nonpublic & parent representatives

◼ Due process

◼ Data collection & reporting

◼ Use of federal funds

Billing for Parentally Placed SWD

in Nonpublic Schools20

DOL can recover costs for the following from the DOR:

Evaluations

◼ Pro-rated time of evaluator or outside provider

CSE Administration

◼ Cost of developing, reviewing & revising IEPs

◼ Cost for the actual time spent in meeting

◼ Reasonable administrative costs to conduct meeting

◼ Cost of attorney to participate or due process costs?

Provision of Special Education Services

Costs claimed for reimbursement must be:

Traceable & supported by documents

Student-specific & actual

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Billing for Parentally Placed SWD

in Nonpublic Schools22

State Aid deduction:

60% of school day

20%-59% of school week

Direct or Indirect Consultant teacher services

https://stateaid.nysed.gov/speced/xls_doc/att3_2

01617sy_121616.xlsx

Federal Aid deduction:

Proportionate share of IDEA funds per district can

be found at:

http://www.p12.nysed.gov/sedcar/federal.htm

Billing Suggestions23

Business & Special Education Offices must

(may, at least?) have to work together

Have and maintain documentation

Do unto you as…..

Billing for Parentally Placed SWD in

Nonpublic Schools24

NOT STUDENTS WHO ARE:

Placed in or referred to private schools by public agencies

Enrolled in Charter Schools

Home schooled by their parents

In private day care or preschool programs

Enrolled by their parent in a public school outside their

district of residence

Parentally placed in drug rehab center or hospital

Nonpublic School Health Services25

Section 912 of Education Law

Nonpublic or charter school may request health services

Who might be providing services?

Other services

26

Contracting for Health Services

DOR contracts with district of location

Somebody has to provide the services

What about 30 day statute of limitation to file an appeal?

27

Billing for Health Services

How to calculate?

What does it represent?

What has the Commissioner said?“No school district is allowed to profit in any manner from health services rendered to children from neighboring districts by charging therefore at a rate in excess of the cost of providing the same for its own pupils.”

Decision No. 7633 Long Beach/Hempstead

What if expenses change?

28

Nonpublic Health Services Resources

Education Law Section 912 http://www.p12.nysed.gov/sss/lawsregs/article19section912.html

Handbook on Services to Pupils Attending Nonpublic Schools – Health Services http://www.p12.nysed.gov/nonpub/handbookonservices/healthservices.html

SED Office of Educational Management Services –http://www.p12.nysed.gov/mgtserv/health_services/home.htm

Decisions of Commissioner of Education –Particularly No. 13,952 (Scotia – Glenville /Burnt Hills – Ballston Lake) http://www.counsel.nysed.gov/Decisions/volume37/d13952.htm

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Non-Resident Resources

State Aid & Financial Planning Service Non-Resident Pupils Guidebook https://www.questar.org/wp-content/uploads/2018/05/Non-Resident-Guidebook-for-April-2018.pdf

Numerous Decisions of Commissioner of Education http://www.counsel.nysed.gov/Decisions/

Education Responsibilities for School-Age Children in Residential Care (NYSED) http://www.p12.nysed.gov/specialed/publications/EducResponsSchoolAgeResidence.pdf

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THANK YOU!31

Questar III

10 Empire State Boulevard

Castleton, NY 12033

(518) 477-2635

(315) 839-6429

Fax (518) 477-4284

sap.questar.org

@qiiisap