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exceptional child education - Jefferson County Public Schools

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(b) The district pays any out-of-pocket or increased costs; and<br />

(c) There is no decrease in benefits to the parent.<br />

If payment for services under 707 KAR Chapter 1 is to be provided by an agency other than the<br />

district, the district will ensure that the services are provided without delay, even if there is a delay in<br />

the payment for those services.<br />

<strong>Public</strong> Insurance (e.g., Medicaid)<br />

The district is an authorized school-based health-services provider. When a <strong>child</strong> or youth with a<br />

medical card receives a billable service (e.g., speech therapy, physical therapy) through the IEP, the<br />

parent will be asked by the Admissions and Release Committee (ARC) chairperson/district<br />

representative to give written authorization for the district to bill these services directly to the <strong>child</strong>’s<br />

or youth’s medical card. The parent may choose to deny access to this Medicaid billing at any time.<br />

The parent will be told that the <strong>child</strong>’s or youth’s benefits under the Medicaid Program are not<br />

reduced because the district bills for appropriate services. The parent’s and <strong>child</strong>’s rights and<br />

services provided through an IEP are not affected in any way by the district’s participation in the<br />

Medicaid Program. In the event that a <strong>child</strong> or youth with a disability has a medical card and private<br />

insurance, the ARC chairperson/district representative will contact the executive director of<br />

Exceptional Child Education (ECE)/designee prior to making any decisions to bill Medicaid for<br />

services.<br />

Nothing in this part of the regulation relieves an insurer or similar third party from an otherwise<br />

valid obligation to provide or pay for services, including transition services, provided to a <strong>child</strong> or<br />

youth with a disability. This includes the Department of Vocational Rehabilitation or any other<br />

participating agency for which a <strong>child</strong> or youth with a disability meets the eligibility criteria of that<br />

agency.<br />

The district uses all fiscal resources available for the <strong>education</strong> of <strong>child</strong>ren and youth with<br />

disabilities according to all applicable state and federal laws and regulations.<br />

SECTION II<br />

ARC PLACEMENT OF A CHILD OR YOUTH IN A PRIVATE<br />

SCHOOL OR AGENCY OTHER THAN THE DISTRICT<br />

An LEA shall be responsible for ensuring the rights and protections under 707 KAR Chapter 1 are given to <strong>child</strong>ren with<br />

disabilities referred to or placed in private schools and facilities by the LEA. 707 KAR 1:290, Section 1(2)<br />

If any ARC chairperson/district representative anticipates that the IEP cannot be implemented at the<br />

student’s assigned school, the ARC chairperson/district representative will contact the coordinator of<br />

ECE Placement/designee for assistance in removing barriers to the implementation of the IEP.<br />

If the ARC, including the coordinator of ECE Placement/designee as an ARC member, determines<br />

that the special <strong>education</strong> and related services cannot be provided through an existing district<br />

program following procedures in Chapter 6, “Placement Decisions”, then the ARC explores<br />

placement alternatives in another local <strong>education</strong>al agency (LEA), another public or state-operated<br />

program, or a private agency or program.<br />

2: FAPE 3

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