NDIS Funded Therapy in Schools

Step 3 – Practical arrangements

If, after considering all relevant factors in Step 2, a principal decides to permit NDIS funded therapy to take place on school grounds, then schools must take the following 3 actions.

1 Meeting with the NDIS-funded therapist and parent(s)

Before the therapist commences at school, a meeting should occur between the school, the parent(s) of the student and the NDIS funded therapist. This meeting is referred to in the letter to the parent(s) that the principal will send at the conclusion of Step 2 – Make a decision.

This meeting will confirm the particular operational arrangements for the therapy including:

• the therapy goals and educational goals for the student, to promote a shared support and planning approach between the school and the therapist
• when, how often and where the therapy will take place (physical location)
• supervision arrangements
• notification arrangements — for instance, if the therapist has to change an appointment or the student is absent that day, who is responsible for informing whom?
• whether the family would like the NDIS funded therapist to attend Student Support Group meetings.

At the first meeting the school must provide the therapist with the Licence Agreement to use school premises and the Information Sharing Deed. Refer to: Licence Agreement and Information Sharing Deed (Word) (login required).

The meeting outcomes must be minuted and kept on the student’s school file.

The payment for NDIS funded therapists attending meetings at schools is to be funded from the participant’s NDIS plan.

Any licence fees associated with using the school premises should be charged to the therapist and not passed on to the NDIS participant. These accommodation related costs are already built into the hourly rate claimed by NDIS therapists.

2 Documentation

Licence to use school premises

Principals must ensure that any arrangement for a NDIS funded therapist to regularly attend school premises is formalised by the therapist signing a licence to use the school premises. An NDIS funded therapist should not be allowed to commence providing regular therapy on school grounds until the Licence Agreement is signed.

The Licence Agreement sets out three possible signing clauses for therapists:

1. where the therapist operates/is entering the licence as a company
2. where the therapist operates/is entering the licence as an incorporated association
3. where the therapist is an individual/sole trader (for example, private therapist).

A template Licence Agreement and a guide to completing the Licence Agreement is available on the Resources tab.

The Licence Agreement contains important provisions that:

• require the therapist (described as the 'Licensee') to hold appropriate insurances
• require the therapist to comply with all reasonable instructions, directions and requests of the principal
• allow the principal to put in place appropriate supervision arrangements, including the ability to appoint a staff member to attend the therapy sessions.

Please note that a new Licence Agreement is not required for every changed circumstance regarding the therapy:

• The Licence Agreement covers the therapist providing services to one or more students. However for every student receiving therapy a Parent Consent Form, Therapy Request Form and Information Sharing Deed is required relating to the additional student/s.
• The Licence Agreement covers one or more therapists employed by the Company or Incorporated Association. If a therapist is to be replaced by another therapist employed by the same Company or Incorporated Association to provide therapy to a student, a Parent Consent Form, Therapy Request Form and Information Sharing Deed is required relating to the additional therapist/s.

If the school agrees to a change request, the Licence Agreement should be amended to take account of these changed circumstances. If this situation occurs, you may contact the Legal Division for further advice at legal.services@education.vic.gov.au

Information Sharing Deed

The licence agreement includes an Information Sharing Deed at Schedule 1 (Annexure B). Principals should ensure this agreement is signed by the NDIS funded therapist at the first meeting.

During Step 1 of these Guidelines, parent(s) must have consented to specific types of information being shared with the School by the NDIS funded therapist (using the Parent Consent Form provided with the Request Form under Step 1). The purpose of the Information Sharing Deed is then to set out exactly how and when NDIS funded therapists must share information with the school about the student who is receiving NDIS therapy on school grounds. The aim of this information sharing is to ensure that the NDIS funded therapist provides information to the school that it ‘needs to know’ to enable it to optimally educate and support the student, and fulfil key legal obligations.

It is the responsibility of principals to tailor the Information Sharing Deed so that it is stipulated how often and by which method information about the student will be shared. The specific requirements of the Information Sharing Deed should then be discussed with the NDIS funded therapist at the first meeting.

If you have any queries regarding the preparation of the licence, or the Information Sharing Deed, please contact Legal Division at legal.services@education.vic.gov.au

Summary of responsibilities for each document

Request Form

NDIS funded therapist

Parent Consent Form

Parent(s) or Mature Minor

Licence Agreement to use the school premises

School Council andCompany/Incorporated Association/Private NDIS funded therapist

Information Sharing Deed

NDIS funded therapist and school principal (or nominee)

3 Dual servicing arrangements

Principals should inform relevant school-based therapists and Student Support Services (SSS) staff about the services being delivered by the NDIS funded therapist, to ensure services are coordinated. Strong communication will help ensure co-ordinated intervention occurs both in a student’s everyday life and at school.

School-based therapists and SSS staff may contact a Professional Practice Leader or their relevant professional organisation if they require advice about entering dual servicing arrangements with NDIS funded therapists. For example, Speech Pathology Australia provides guidance for speech pathologists about dual servicing arrangements.

4 Complaints about NDIS service providers

Complaints from students, parents, or school staff about NDIS service providers should be directed to the NDIS Commission by calling 1800 035 544 or visiting how to make a complaint about a provider.