Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-013 - Contracted Programs

Current through June 17, 2024
013.01 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; and
013.02D4 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; or
013.02G2 The school district or approved
				cooperative has agreed to the placement; or
013.02G3 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; or
013.02G4 The school
				district or approved cooperative has been a party to litigation resulting in a
				court order requiring the placement.