Bill Text: VA SB135 | 2021 | Regular Session | Prefiled
Bill Title: Children's Services Act; special education programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-12-04 - Left in Finance and Appropriations [SB135 Detail]
Download: Virginia-2021-SB135-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-5211 and 2.2-5212 of the Code of Virginia are amended and reenacted as follows:
§2.2-5211. State pool of funds for community policy and management teams.
A. There is established a state pool of funds to be allocated
to community policy and management teams in accordance with the appropriation
act and appropriate state regulations. These funds, as
made available by the General Assembly, shall be expended
for the provision of public or
private nonresidential or residential services for troubled youths children, youth,
and families.
The purposes
of this system of funding
are to state
pool shall:
1. Place authority for making program and funding decisions at the community level;
2. Consolidate categorical agency funding and institute community responsibility for the provision of services;
3. Provide greater flexibility in the use of funds to purchase
services based on the strengths and needs of children, youths youth, and families; and
4. Reduce disparity in accessing services and to reduce inadvertent fiscal
incentives for serving children and youth according to differing required local
match rates for funding streams.
B. 1. The
state pool shall consist of funds that serve the
following target populations
identified in subdivisions 1 through 5 of this subsection in
the purchase of residential and nonresidential services for children and youth:
a. Children and youth (i) placed for purposes of special education in approved private school education programs, previously funded by the Department of Education through private tuition assistance, or (ii) who transfer from an approved private school educational program to a public school special education program established and funded jointly by a local governing body and school division located within Planning District 16 pursuant to a Memorandum of Agreement for the purpose of providing special education, related services, or both, within a public day program, when (a) the public school special education program is able to provide services comparable to those for an approved private school special education program and (b) the student would require placement in an approved private school special education program but for the availability of the public school special education program;
b. Children and youth with disabilities placed by local social services agencies or the Department of Juvenile Justice in private residential facilities or across jurisdictional lines in private, special education day schools, if the individualized education program indicates that such school is the appropriate placement while living in foster homes or child-caring facilities, previously funded by the Department of Education through the Interagency Assistance Fund for Noneducational Placements of Handicapped Children;
c. Children and youth for whom foster care services, as defined in § 63.2-905, are being provided;
d. Children and youth placed by a juvenile and domestic relations district court, in accordance with the provisions of §16.1-286, in a private or locally operated public facility or nonresidential program, or in a community or facility-based treatment program in accordance with the provisions of subsection B or C of §16.1-284.1; and
e. Children and youth committed to the Department of Juvenile Justice and placed by it in a private home or in a public or private facility in accordance with § 66-14.
2. References
to funding sources and current placement authority for the targeted populations
of children and youth are described in
subdivision 1 shall be for the purpose of accounting for
the funds in the pool. It
is not intended that children Children
and youth described in subdivision 1 shall not
be categorized by individual funding streams in order to access services. The target population shall be the following:
1. Children and youth
placed for purposes of special education in approved private school educational
programs, previously funded by the Department of Education through private
tuition assistance;
2. Children and youth
with disabilities placed by local social services agencies or the Department of
Juvenile Justice in private residential facilities or across jurisdictional
lines in private, special education day schools, if the individualized education
program indicates such school is the appropriate placement while living in
foster homes or child-caring facilities, previously funded by the Department of
Education through the Interagency Assistance Fund for Noneducational Placements
of Handicapped Children;
3. Children and youth
for whom foster care services, as defined by §63.2-905, are being provided;
4. Children and youth
placed by a juvenile and domestic relations district court, in accordance with
the provisions of §16.1-286, in a private or locally operated public facility
or nonresidential program, or in a community or facility-based treatment
program in accordance with the provisions of subsections B or C of §
16.1-284.1; and
5. Children and youth
committed to the Department of Juvenile Justice and placed by it in a private
home or in a public or private facility in accordance with §66-14.
C. The General Assembly and the governing body of each county
and city shall annually appropriate such sums of money as shall be sufficient
to (i) provide special education services and foster care services for children
and youth identified in subdivisions B 1, B 2 a, b, and B 3 c and (ii) meet relevant
federal mandates for the provision of these services. The Each
community policy and management team shall anticipate to the best of its
ability the number of children and youth for whom such services will be
required and reserve funds from its state pool allocation to meet these such
needs. Nothing in this section prohibits shall prohibit
local governments from requiring parental or legal financial contributions,
where not specifically prohibited by federal or state law or regulation,
utilizing a standard sliding fee scale based upon ability to pay, as provided
in the appropriation act.
D. When
a community services board established pursuant to §37.2-501, local school
division, local social service agency, court service unit, or the Department of
Juvenile Justice has referred Referral
of a child and family to a
family assessment and planning team and that
team has recommended, recommendation by
the family assessment and planning team of the proper level
of treatment and services needed
by that for
the child and family,
and has determined determination by the
family assessment and planning team of the child's
eligibility for funding for services through the state pool of funds, then the shall
satisfy the fiscal responsibility of the community services board, the
local school division, local social services agency, court service unit, or Department of Juvenile
Justice has met its fiscal responsibility for that to the
child for the with regard to
services funded through the pool. However, the community services board, the local school division,
local social services agency, court service unit,
or Department of Juvenile Justice shall continue to be responsible for
providing services identified in an
individual family service plans plan
that are within the agency's scope of responsibility and
that are not funded separately from through
the state pool.
Further,
in any instance that E.
If a local social services agency places an individual who is (i) 18 through 21 years of age, inclusive, who is, (ii) eligible for funding
from the state pool and is, and (iii) properly defined as
a school-aged child with disabilities pursuant to §22.1-213 is placed by a local social services agency that
has custody across jurisdictional lines in a group home in
the Commonwealth, and the
individual's individualized education program (IEP), as prepared by the placing
jurisdiction, indicates that a private day school placement is the appropriate
educational program for such individual, the financial and legal responsibility
for the individual's special education services and IEP shall remain, in compliance with the provisions of federal law,
Article 2 (§22.1-213) of Chapter 13 of Title 22.1, and Board of Education
regulations, the responsibility of the placing jurisdiction
until the individual reaches the age of 21,
inclusive, or is no longer eligible for special education
services. The financial and legal responsibility for such
special education services shall remain with the placing jurisdiction, in compliance with the provisions of federal law,
Article 2 (§22.1-213 et seq.) of Chapter 13 of
Title 22.1, and Board of Education regulations, unless the
placing jurisdiction has transitioned all appropriate services with the
individual.
E. F. In any
matter properly before a court for which state pool funds are to be accessed,
the court shall, prior to final disposition, and pursuant to §§2.2-5209 and
2.2-5212, refer the matter to the community policy and management team for
assessment by a local family assessment and planning team authorized by
policies of the community policy and management team for assessment to
determine the recommended level of treatment and services needed by the child
and family. The family assessment and planning team making the assessment shall
make a report of the case or forward a copy of the individual family services
plan to the court within 30 days of the court's written referral to the
community policy and management team. The court shall consider the
recommendations of the family assessment and planning team and the community
policy and management team. If, prior to a final disposition by the court, the
court is requested to consider a level of service not identified or recommended
in the report submitted by the family assessment and planning team, the court
shall request the community policy and management team to submit a second
report characterizing comparable levels of service to the requested level of
service. Notwithstanding the provisions of this subsection, the court may make
any disposition as is authorized or required by law. Services ordered pursuant
to a disposition rendered by the court pursuant to this section shall qualify
for funding as appropriated under this section.
§2.2-5212. Eligibility for state pool of funds.
A. In
order to be eligible for funding for services through the state pool of funds,
a A child,
youth, or family with a child,
shall meet one or more of the criteria specified in
subdivisions 1 through 4 and shall
be eligible for funding through the state pool if it
is determined,
through the use of a uniform assessment instrument and in
accordance with process and by policies of the community
policy and management team to have access to
these funds.,
that the child or youth:
1. The
child or youth has Has
emotional or behavior problems that:
a. Have persisted over a significant period of time or, though only in evidence for a short period of time, are of such a critical nature that intervention is warranted;
b. Are significantly disabling and are present in several community settings, such as at home, in school or with peers; and
c. Require services or resources that are unavailable or
inaccessible, or that are beyond the normal agency services or routine
collaborative processes across agencies, or require coordinated interventions
by at least two agencies.;
2. The
child or youth has Has
emotional or behavior problems, or both, and currently (i)
is in, or is at imminent risk of entering, purchased residential care. In addition, the child or youth; (ii) requires services or
resources that are beyond normal agency services or routine collaborative
processes across agencies,; and (iii)
requires coordinated services by at least two agencies.;
3. The
child or youth requires Requires
placement for purposes of special education in approved private school
educational programs. or transfers from an approved private school
educational program to a public school special education program established
and funded jointly by a local governing body and school division located within
Planning District 16 pursuant to a Memorandum of Agreement for the purpose of
providing special education, related services, or both, within a public day
program, when (i) the public school
special education program is able to provide services comparable to those for
an approved private school special education program and (ii)
the student would require placement in an approved private school special
education program but for the availability of the public school special
education program; or
4. The
child or youth requires Requires
foster care services as defined in §63.2-905.
B. For purposes of determining eligibility for the state pool of funds, "child" or "youth" means (i) a person younger than 18 years of age or (ii) any individual through 21 years of age who is otherwise eligible for mandated services of the participating state agencies including special education and foster care services.
