                                 CODE OF VIRGINIA

STATE POOL OF FUNDS FOR COMMUNITY POLICY AND MANAGEMENT TEAMS (§ 2.2-5211)

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 shall be expended for the provision
of public or private nonresidential or residential services for troubled youth
and families. However, funds for private special education services shall only
be expended on private educational programs that are licensed by the Board of
Education or an equivalent out-of-state licensing agency. Effective July 1,
2022, funds for private special education services shall only be expended on
private educational programs that the Office of Children&#8217;s Services
certifies as having reported their tuition rates on a standard reporting
template developed by the Office. The Office of Children&#8217;s Services shall
consult with private special education services providers in developing the
standard reporting template for tuition rates.
			The state pool shall:

   1. Place authority for making program and funding decisions at the community
   level;

   2. Provide flexibility in the use of funds to purchase services based on the
   strengths and needs of children, youth, and families; and

   3. Reduce disparity in accessing services and inadvertent fiscal incentives
   for serving children and youth according to differing required local match
   rates for funding streams.

B. The state pool shall consist of funds that serve the following target
populations:

   1. Children and youth placed for purposes of special education in approved
   private school educational programs;

   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;

   3. Children and youth for whom foster care services, as defined by &#xA7;
   63.2-905, are being provided;

   4. Children and youth who are determined, by either a juvenile and domestic
   relations district court or a family assessment and planning team, to be a
   child in need of services as defined in &#xA7; 16.1-228 and requiring (i)
   community-based services to prevent or eliminate the need for an out-of-home
   placement or (ii) placement outside of the home through an agreement between
   the public agency designated by the community policy and management team and
   the parents or legal guardians who retain legal custody of the child or youth;

   5. Children and youth placed by a juvenile and domestic relations district
   court, in accordance with the provisions of &#xA7; 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 &#xA7; 16.1-284.1;

   6. 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 &#xA7; 66-14; and

   7. Children and youth previously placed pursuant to subdivision 1 in approved
   private school educational programs for at least six months who will receive
   transitional services in a public school setting. State pool funds for
   transitional services shall be allocated for no longer than 12 months. Local
   agencies may contract with a private school education program provider to
   provide transitional services in the public school.

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 through 4 and 6 and 7 and (ii) meet relevant
federal mandates for the provision of these services. The 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. Nothing in this
section 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. Referral of a child and family to a family assessment and planning team,
recommendation by that team of the proper level of treatment and services needed
for the child and family, and determination by the team of the child&#8217;s
eligibility for funding for services through the state pool of funds shall
satisfy the fiscal responsibility of the community services board, local school
division, local department of social services, court service unit, or Department
of Juvenile Justice with regard to services funded through the pool. However,
the community services board, local school division, local department of social
services, court service unit, or Department of Juvenile Justice shall continue
to be responsible for providing services identified in an individual family
service plan that are within the agency&#8217;s scope of responsibility and
funded separately from the state pool.
			In any instance that local department of social services places an individual
who is (i) 18 through 21 years of age, inclusive; (ii) eligible for funding from
the state pool; and (iii) properly defined as a school-age child with
disabilities pursuant to &#xA7; 22.1-213 across jurisdictional lines in an
approved foster care placement in the Commonwealth and the individual&#8217;s
individualized education program (IEP), as prepared by the local educational
authority in the jurisdiction where the individual resides, indicates that a
private day school placement is the appropriate educational program for such
individual, the financial and legal responsibility for the individual&#8217;s
special education services and IEP shall remain with the placing jurisdiction
until the individual reaches the age of 21, inclusive, or is no longer eligible
for special education services, in compliance with the provisions of federal
law, Article 2 (&#xA7; 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board
of Education regulations.

E. 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
&#xA7;&#xA7; 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&#8217;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 requests a level of service not identified or recommended in the report
submitted by the family assessment and planning team, the court shall ask 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.

F. As used in this section, &#8220;transitional services&#8221; includes
services delivered in a public school setting directly to students with
significant disabilities or intensive support needs to facilitate their
transition back to public school after having been served in a private special
education day school or residential facility for at least six months.
&#8220;Transitional services&#8221; includes one-on-one aides, speech therapy,
occupational therapy, behavioral health services, counseling, applied behavior
analysis, specially designed instruction delivered directly to the student, or
other services needed to facilitate such transition that are delivered directly
to the student in their public school over the 12-month period as identified in
the child&#8217;s individualized education program.

HISTORY: 1992, cc. 837, 880, § 2.1-757; 1993, c. 567; 1994, cc. 854, 865; 1998,
c. 534; 1999, c. 669; 2000, c. 914; 2001, c. 844; 2004, cc. 286, 631; 2009, c.
304; 2013, c. 5; 2021, Sp. Sess. I, cc. 70, 71; 2025, c. 503.