R277-801-6. Services for Qualifying Students

  (1) If a qualifying student is enrolled with USDB as the designated LEA:

  (a) USDB shall include the qualifying student in all Board-required enrollment reports including:

  (i) fall enrollment counts;

  (ii) the child count of students with disabilities; and

  (iii) the end-of-year enrollment report;

  (b) Any agreements between the referring LEA and USDB shall be documented as part of a written agreement, which shall be reviewed at least annually;

  (c)(i) A qualifying student's IEP team shall determine the student's transportation needs;

  (ii) USDB shall provide transportation as a related service in an IEP or if required to implement a 504 plan; and

  (iii) A referring LEA shall combine resources with USDB, whenever possible, to provide within-LEA transportation;

  (d)(i) USDB shall annually administer all Board-required assessments.

  (ii) USDB may provide alternate tests in accordance with a student's IEP and state law; and

  (e) USDB shall develop and implement all programs, policies, and procedures required of an LEA by the Board and state law.

  (2) If a qualifying student attends USDB extension classrooms located within an LEA:

  (a) the student shall be enrolled in the general education program of the LEA school the student is attending;

  (b) the LEA school shall be designated as the "school of record" for the student;

  (c) the student shall be included by the LEA school or district in all required reports and uploads to UTREx;

  (d) the student shall be counted in the LEA school or district total enrollment, and will be included in the calculation of all funding formulas, including Weighted Pupil Units and Minimum School Program;

  (e) the student shall receive access to LEA programs and services consistent with their IEP or 504 plan, consistent with services available to other students enrolled in the student's school;

  (f) the student may not be enrolled in the special education program of the LEA school the student is attending;

  (g) USDB shall ensure the student receives a free appropriate public education;

  (h) USDB shall ensure the student receives all special education and related services, including interpreting services, as required on the student's IEP or 504 plan;

  (i) the LEA school shall generate general education funding or WPU for the student;

  (j) USDB shall receive federal IDEA funding in accordance with USDB's legislative line item funding;

  (k) the LEA school shall receive no state or federal special education funding for the student;

  (l)(i) USDB shall provide transportation for the student as a related service when it is included in an IEP.

  (ii) an LEA school shall combine resources with USDB, whenever possible, to provide within-LEA transportation; and

  (m) an LEA school and USDB shall jointly ensure that any portable classrooms have access to intercom and phone service.

  (3) If a qualifying student receives USDB outreach or consulting services:

  (a) the student shall be enrolled in the general and special education programs of the LEA school the student attends;

  (b) the LEA shall included the student in the calculation of state special education and IDEA funds for the school district or charter school; and

  (c) USDB may not submit the students to UTREx and may not receive state or federal special education funding.

  (4) USDB shall provide the following services free of charge to every LEA, regardless of size, exclusive of additional related services:

  (a) Educational Resource Center resources, including loaner equipment;

  (b) USIMAC materials;

  (c) Interpreter training;

  (d) Professional development;

  (e) Expanded core curriculum;

  (f) Enrichment programs and activities;

  (g) Consultations;

  (h) Psychological assessments for the Deaf and the Blind;

  (i) Speech assessments for Deaf students;

  (j) Behavioral intervention and supports;

  (k) Deaf-Blind Specialists; and

  (l) Deaf-Blind Interveners.

  (5) USDB may offer to provide the following other services to LEAs for Deaf, Blind, and Deaf-Blind qualifying students, exclusive of additional related services:

  (a) Teachers of the Blind and Visually Impaired or "TVI;"

  (b) Orientation and Mobility or "O & M;"

  (c) Educational and Assistive Technology;

  (d) Vision Screenings;

  (e) Low vision support and evaluations;

  (f) Extended School Year services in accordance with R277-751;

  (g) Teachers for the Deaf and Hard of Hearing;

  (h) Audiological services; and

  (i) American Sign Language/English interpreters.

  (6) USDB shall provide all funded outreach services at no cost for qualifying students within an LEA with less than 3% of the student population statewide.

  (7) An LEA with greater than 3% of the student population statewide shall provide services for qualifying students.

  (a) An LEA may contract with USDB to provide services for students if an LEA has greater than 3% of the student population statewide.

  (i) An LEA and USDB shall sign contracts prior to initiation of services.

  (ii) An LEA shall make payments in two installments, in January and June.

  (iii) The Board may assist USDB in collection of outstanding balances upon request.

  (b) An LEA with greater than 3% of the student population statewide may opt out and transfer responsibilities for providing services to USDB subject to legislative appropriation of funds.

  (8) The Superintendent shall provide a list of LEAs that exceed the 3% threshold by December 15 for the upcoming school year.

  (9) An LEA and USDB may contract for services beyond those specified in this Rule R277-801.

  (10) Notwithstanding this Section R277-801-6, USDB shall maintain all funded outreach services offered to each LEA, as of the 2017-18 school year.

  (11)(a) USDB may participate in Medicaid time studies for services provided directly by USDB.

  (b) An LEA may not include services provided directly by USDB in the LEA's Medicaid time studies.

  (c) If an LEA contracts with USDB for payable services, an LEA shall include those services in the LEA's Medicaid time study.