MANSFIELD, Ohio — Spectrum Behavioral Solutions was denied participation in the Autism Scholarship Program for fiscal year 2016, potentially affecting 42 families, according to Ohio Department of Education spokesperson Kim Norris.
The Autism Scholarship Program helps parents of children with autism afford specialized services. Scholarships are funded by the state.
Spectrum, a specialized school for children with autism located at 800 Park Avenue West, has been a provider of the scholarship for four years. According to the ODE, Spectrum served 39 autism scholarship students and an unknown number of non-scholarship students in the 2014-2015 program year.
Participation in the Autism Scholarship Program requires compliance with Ohio Administrative Code sections 3301-103-0107 and guidelines established by the ODE. A recent audit and investigation of Spectrum resulted in findings that Spectrum was not in compliance with the regulations, the ODE stated in a letter dated June 30.
According to the findings, Spectrum does not have a sufficient number of licensed staff to implement the individualized education programs of the students that they serve, and invoices submitted to the ODE were not reflective of the services provided to the children or the staff that provided them.
In response to the findings, Rebecca Eslinger, executive director of Spectrum, said via email, “The Autism Scholarship Program is evolving with a more technology-based reporting system. This is a good thing because it will allow providers, districts and the state to get better aligned for providing services for the individuals served.
“However, like any evolving computer system and technology, there are still many gaps within the system. These gaps can lead to situations where information is miscommunicated or misinterpreted. We obviously have documentation that services have been provided by the proper staff as outlined by the state.”
The ODE’s investigation began in October of 2014 after the department received a letter alleging that the operating practices of Spectrum were not compliant with state regulation governing the Autism Scholarship Program. Billing and attendance records were requested for one family on Oct. 27, 2014. As no information was received, a second request for information was made on Dec. 4, 2014, according to a letter written by the ODE dated June 5.
The letter says that on Jan. 16 of this year, a certified letter was mailed to Spectrum informing them that all payments would be held pending receipt of the records originally requested in October, along with copies of all student attendance and billing records for the months of November and December of 2014.
On Feb. 6, Spectrum delivered the requested records and payments were reinstated pending review of the materials.
“A review of records led the ODE to determine that Spectrum failed to maintain adequate staffing and has been erroneously billing for services,” the ODE wrote.
The Spectrum website and information provided to the ODE indicates Spectrum provides a center-based program either half-day with a 1:2 staff to student ratio or full-day with a 1:4 ratio. They also provide a home-based program and a mainstreaming program including behavioral consultation. Their program materials describe their program as rooted in Applied Behavior Analysis (ABA) and offering center and in-home ABA programming.
According to the ODE, Spectrum currently employs 34 employees, two of whom are intervention specialists with credentials to implement the students’ IEP or provide special education services. One of them, however, cannot be in the building serving students because she is employed at a public school, the ODE stated.
“Spectrum does not have an adequate number of licensed staff to implement the IEPs of their students,” the ODE said.
With regard to billing, the ODE wrote, “The billing submitted to ODE was not an accurate representation of the services delivered. Invoices were submitted for students in months that they did not receive services. Invoices were submitted for services provided by staff that parents report never worked with their children. Aide services were represented as intervention services. Amounts billed do not align with the provider’s own fee schedule or the attendance history of the students.”
In addition to the billing complaints, the ODE received numerous calls and emails from prior Spectrum staff members, parents and public school district staff concerning professional conduct including inappropriate posts to Facebook and other websites, inappropriate e-mail messages and unprofessional comments or behavior in meetings, the ODE stated.
“Spectrum is entitled to their due process,” Norris said. “There’s what’s called a ‘119 hearing,’ which allows Spectrum and ODE to present to a hearing officer and then the hearing officer makes a recommendation.”
Eslinger said she intends to participate in the hearing process, noting, “We just received our hearing date for Sept. 29, 2015. We are hopeful that once we are granted the opportunity to sit down with ODE and review all documentation we’ll be able to reach a resolution.
“Our goal has, and always will be, to provide the best education possible for the individuals we serve. We look forward to having the chance to get these charges cleared so we can get 100 percent of our focus back to our mission: improving the lives of those we serve.”
“A review of records led the ODE to determine that Spectrum failed to maintain adequate staffing and has been erroneously billing for services,” the Ohio Department of Education wrote.
