Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 15 - Division of Learning Services
Rule 005.15.07-001 - ADE 248 - Rules Governing Residential Placement
Universal Citation: AR Admin Rules 005.15.07-001
Current through Register Vol. 49, No. 9, September, 2024
Arkansas Department of Education Rule Governing Residential Placement
October 2006
18.01 REGULATORY AUTHORITY
18.01.1
These regulations shall be known as Arkansas Department of Education
regulations allocating public school funds for the residential placement of
students and defining educational services in such placements.
18.01.2 These regulations are enacted
pursuant to the State Board of Education's authority under Ark. Code Ann.
6-11-105,
6-41-202,
6-18-202,
6-20-104, and
6-20-107.
18.02 PURPOSE
18.02.1 It is the purpose of these
regulations to allocate public school funds for the residential placement of
students.
18.02.2 It is further the
purpose of these regulations to define the educational services in such
placements.
18.03 DEFINITIONS
18.03.1
ADE
- Arkansas Department of Education
18.03.2
DHHS - Department of
Health and Human Services
18.03.3
Juvenile Detention Facility (JDF) - Any facility operated by a
political subdivision of the State for the temporary care of juveniles alleged
to be delinquent, or adjudicated delinquent, who require secure custody in a
physically restricting facility. Under Ark. Code Ann.
9-27-330(a)(ll),
such facility must provide educational and other rehabilitative services to
adjudicated delinquents who may be ordered by the court to remain in the
juvenile detention facility for an indeterminate period not to exceed ninety
(90) days.
18.03.4
Student
Without Disabilities - For purposes of these regulations, a student who
has NOT been identified as disabled in accordance with the IDEA, and Ark. Code
Ann. 6-41-202, et seq., shall be
considered nondisabled.
18.03.5
Student With Disabilities - For the purposes of these
regulations, a student with a disability means a student identified pursuant to
the IDEA and Ark. Code Ann.
6-41-202, et seq., as needing
special education and related services (inclusive of those presently receiving
services).
18.03.6
Residential Placement In State - For the purposes of these regulations,
such residential placement in state means -
18.03.6.1 One of the following licensed
facilities -
A. Inpatient psychiatric
treatment facilities licensed by the Arkansas Department of Health and Human
Services (DHHS)
B. Alcohol and drug
treatment facilities licensed by the Arkansas Department of Health and Human
Services;
C. Easter Seals of
Arkansas in Little Rock;
D.
Arkansas Pediatrics Facility in Pulaski County;
E. Millcreek ICF-MR in Fordyce;
F. Brownwood ICF-MR in Fort Smith.
18.03.6.2 The facility has an
approved special education component, and approval of the special education
component is granted by the ADE, Special Education Unit. Such placement does
not include the Arkansas School for the Blind, the Arkansas School for the Deaf
or the Arkansas School for Mathematics and Sciences.
18.03.7
Residential Placement
Out-of-State - For the purposes of these regulations, when a student
with disabilities is placed in a residential treatment facility outside the
State of Arkansas, the special education component of such a facility must be
approved by the ADE, Special Education Unit and must be operating under the
appropriate licensure of the state in which it is located.
18.03.8
Residency- Ark. Code
Ann. 6-18-202 establishes residency
requirements for students attending public schools in the State of Arkansas.
Students affected by this statute include both those with and without
disabilities.
18.04 RESIDENTIAL PLACEMENT IN STATE - STUDENTS WITHOUT DISABILITIES
18.04.1
Assignment Of
Responsibility
18.04.1.1 When a
nondisabled student is placed for non-educational reasons in a residential
treatment facility for treatment, the district where the residential treatment
facility is located is the student's resident district. This district is
responsible for educating the student.
18.04.1.2 When a nondisabled student who is a
ward of the State is placed in a residential treatment facility, the district
where the facility is located is responsible for educating the
student.
18.04.1.3 When a
nondisabled student is placed in a residential treatment facility for
educational purposes by a parent or agent other than the school district, the
parent or agent remains responsible for the education of the student.
18.04.2
Procedures For
Educational Management
18.04.2.1 Each
school district must designate an individual who will be responsible for
ensuring compliance with these regulations. This may be the district
superintendent or a designee.
18.04.2.2 When a nondisabled student is
placed in a residential facility, the facility must notify the responsible
school district (superintendent or designee) within seven (7) calendar days of
the student's admission. The district's special education supervisor should
also be informed.
Failure of the facility to notify the responsible district in a timely fashion may result in loss of ADE approval of the residential treatment facility's special education program.
18.04.2.3 The district superintendent or
designee shall convene a conference by a review team within seven (7) calendar
days of notice by the residential treatment facility that the student is in a
residential program. This conference may be conducted face-to-face or via a
telephone call.
18.04.2.4 The
review team shall be composed of, at a minimum, a representative from the
district, a behavior intervention consultant (from the State's network of such
consultants), a representative from the residential treatment facility, and a
DHHS representative if the student is receiving services from one or more DHHS
Divisions.
18.04.2.5 The review
team shall review information available on the student and determine whether a
referral for consideration of eligibility for special education and related
services is warranted.
18.04.2.6
When the review team determines the student should be referred for
consideration of eligibility for special education, a referral form must be
completed and a referral conference conducted following the process in Section
4.00 of these regulations.
18.04.2.7 When the review team determines
that the student should not be referred for consideration for special education
and related services, it shall identify the general educational and
non-educational needs of the student.
18.04.2.8 Based on the identified needs of
the nondisabled student, the review team will determine and document where the
educational program of the student will be implemented. The inter-linkage of
the treatment program needs and educational programming must be discussed in
reaching a decision on an appropriate educational placement.
18.04.2.9 Should the local review team be
unable to agree upon the educational placement of the student, a determination
must be requested from the state level review panel. Requests for a
determination from the state level review panel shall be submitted in writing
to the Administrator, Dispute Resolution, ADE, Special Education
Unit.
18.04.2.10 From the time of
the request for a state level review until a determination is made, the student
will remain in his/her present educational placement.
18.04.2.11 The state level review panel will
be composed of three (3) persons: one (1) from the ADE, one (1) from DHHS and
the third will be the Coordinator of the Behavior Intervention Consultant
Network or other appropriate ADE staff.
18.04.2.12 Within 30 calendar days of receipt
of the written request, the state level review panel shall convene, review all
information and render a final educational placement decision. The panel may
extend the process by an additional 15 days should circumstances
warrant.
18.04.2.13 The state level
review panel's decision will be considered final, will be rendered in writing
and will be sent to the local review team for
implementation.
18.04.3
Assignment of Costs
18.04.3.1 For
nondisabled students, "educational costs" are limited to only those costs
incurred for direct educational instruction of the student.
18.04.3.2 All other services provided for the
student are considered non-educational and are not reimbursable under these
regulations. Such other costs will be borne by DHHS, Medicaid, private
insurance, the parent or by any combination thereof.
18.04.3.3 Residential treatment facilities
must submit a bill to the school district for educational costs only. The
invoice must be itemized to reflect the specific services provided. Invoices
must be submitted to the school district in a timely manner in order for the
district to seek reimbursement from the ADE, Special Education Unit.
18.04.4
Funding
18.04.4.1 A local school district may access
funds through the ADE, Special Education Unit for reimbursement for educational
costs on nondisabled students placed in residential treatment
facilities.
18.04.4.2 The maximum
amount a district may be reimbursed on a per student basis for actual
educational costs will be the Formula Foundation Aid times 2.00.
18.04.4.3 The local school district shall not
be responsible for educational costs exceeding its maximum reimbursement rate
for those nondisabled students receiving educational services in a residential
treatment facility.
18.04.4.4 When
the requests for reimbursement exceed the amount of funds available, the
reimbursement will be prorated.
18.04.5
Extended School Year Services
(ESY)
18.04.5.1 There is no provision
for extended school year (educational) services to nondisabled students when
schools are not in session. This applies to nondisabled students in residential
placements, as well as their nondisabled peers who attend the local public
school. Therefore, there is no need for a district to convene a review team
during the summer months when school is not in session.
18.04.5.2 Residential treatment facilities
cannot bill school districts for educational services provided to nondisabled
students during the summer months.
18.05 RESIDENTIAL PLACEMENT IN STATE - STUDENTS WITH DISABILITIES
18.05.1
Assignment of Responsibility
18.05.1.1 For students with disabilities in
state-operated facilities (such as the Human Development Centers) the facility
is responsible for procedural safeguards and the provision of FAPE.
18.05.1.2 When a student with a disability is
placed for non-educational reasons in a residential treatment facility for
treatment, the district where the facility is located is the student's resident
district. The district shall be responsible for procedural safeguards and the
provision of FAPE.
18.05.1.3 When a
student with a disability who is a ward of the state is placed in a residential
treatment facility, the district where the residential treatment facility is
located is responsible for educating the student.
18.05.1.4 When a student with a disability is
placed in a residential treatment facility for educational purposes by a school
district, the placing district remains responsible for procedural safeguards
and the provision of FAPE.
18.05.1.5 When a student with a disability is
placed in a residential treatment facility for educational purposes by a parent
or agent other than the school district, the parent may petition the district
where the student permanently resides (home district, usually that of the
student's parent or guardian) for provision of procedural safeguards and
FAPE.
18.05.2
Procedural Safeguards
18.05.2.1 The
procedural safeguards specified in Section 9.00 of these regulations shall be
followed.
18.05.3
Assignment of Costs
18.05.3.1 For
identified students with disabilities, those costs defined as being educational
in accordance with the IDEA will be borne by the district responsible for
provision of procedural safeguards and FAPE. For students in state-operated
facilities, the facility assumes those costs.
18.05.3.2 All other costs will be borne by
either DHHS, Medicaid, private insurance, the parent or by any combination
thereof.
18.05.4
Funding
18.05.4.1 School districts may
be reimbursed for the educational costs of students with disabilities,
including those in school districts not qualifying for any State Equalization
Aid, who have been placed in approved residential treatment facilities, as
defined by the ADE, Special Education Unit.
18.05.4.2 The maximum amount to be reimbursed
to a district on a per student basis is the amount equal to the product of the
Formula Foundation Aid times 2.10, regardless of the setting in which the
education is provided. (For example, there may be instances where the student
resides in a residential treatment facility but attends the public school for
educational purposes.)
18.05.4.3
When the requests for reimbursement exceed the amount of funds available, the
reimbursement will be prorated.
18.05.5
Extended School Year Services
(ESY)
18.05.5.1 Not all students with
disabilities receiving educational services in residential placement will be
eligible for or in need of ESY services.
18.05.5.2 Determination of student
eligibility for ESY services is made by the school district based on the
regulations governing ESY in Section 19.00 of these regulations.
18.06 RESIDENTIAL PLACEMENT OUT-OF-STATE - CHILDREN WITH DISABILITIES
18.06.1
Assignment of
Responsibility
18.06.1.1 When a student
with a disability is placed in a residential treatment facility for educational
purposes by a school district, the placing school district remains responsible
for procedural safeguards and the provision of FAPE.
18.06.1.2 When a student with a disability is
unilaterally placed in a residential facility for educational purposes by a
parent or agent other than the school district, the parent may petition the
school district where the student permanently resides (home school district,
usually that of the student's parent or guardian) for consideration of the
provision of procedural safeguards and FAPE.
18.06.1.3 In accordance with the Interagency
Agreement between the ADE and DHHS, when a child with a disability is a ward of
the state and is placed in a residential treatment facility outside the
boundaries of the State of Arkansas, the ADE is responsible for procedural
safeguards and FAPE.
18.06.2
Procedural Safeguards
18.06.2.1 The procedural safeguards specified
in Section 9.00 of these regulations shall be followed.
18.06.3
Assignment of Costs
18.06.3.1 For identified students with
disabilities, those costs defined as being educational in accordance with the
IDEA will be borne by the district/agency responsible for provision of
procedural safeguards and FAPE.
18.06.3.2 All other costs will be borne by
either DHHS, Medicaid, private insurance, the parent or by any combination
thereof.
18.06.4
Funding
18.06.4.1 School districts may
request reimbursement for the educational costs of a student with disabilities
placed in an approved residential treatment facility located outside the
boundaries of Arkansas. Reimbursement may be used to fund the cost of such
placement incurred by a school district.
18.06.4.2 Reimbursement for this cost to the
district will be calculated on the basis of Ark. Code Ann.
6-20-107(d)(2).
18.06.4.3 When requests for reimbursement
exceed the amount of funds available, the reimbursement will be
prorated.
18.06.5
Extended School Year Services (ESY)
18.06.5.1 Not all students with disabilities
receiving educational services in residential placement will be eligible for or
in need of ESY services.
18.06.5.2
Determination of student eligibility for ESY services is made by the school
district/agency based on the regulations governing ESY in Section 19.00 of
these regulations.
18.07 JUVENILE DETENTION FACILITIES
18.07.1
General
18.07.1.1 For the purposes of
these regulations, juvenile detention facilities are designated as approved
residential treatment facilities.
18.07.1.2 The juvenile detention facility and
the district where the juvenile detention facility is located are designated as
responsible for educating the student consistent with federal and state laws
for any period of time the student is being held in the facility.
18.07.1.3 The resident district of a student
who is being held in a juvenile detention facility is designated as responsible
for the timely transfer of a student's educational records to the district
where the juvenile detention facility is located upon notification by the court
or district where the facility is located of the student's placement in a
juvenile detention facility.
18.07.2
Educational Services for
Nondisabled Students
18.07.2.1 In
order to be eligible for public school funds, each-juvenile detention facility
shall provide the following educational services for nondisabled students -
A. The teachers employed by the juvenile
detention facility must hold a valid teaching license from the Arkansas
Department of Education or have a minimum of a Bachelor's degree from an
accredited college/university.
B.
The maximum teacher/student caseload shall be 1 to 15 without a
paraprofessional and 1:24 with a full-time paraprofessional.
C. The juvenile detention facility shall
provide instructional materials that address the basic educational skills
needed by students, appropriately address the age ranges and the abilities of
the students in the facility. Such materials shall include, but are not limited
to, reference materials, dictionaries, reading materials and maps.
D. The juvenile detention facility shall
provide each student educational services for at least one hundred eighty (180)
minutes per day.
18.07.2.2 A school district which receives a
student after attendance at a juvenile detention facility shall not use
absences incurred as a result of detention as the sole basis for denial of
credit.
18.07.3
Educational Services for Disabled Students
18.07.3.1 In order to be eligible for public
school funds, each juvenile detention facility shall provide the following
educational services for disabled students -
A. The juvenile detention facility shall
provide FAPE consistent with the student's IEP.
B. The teacher, employed by the JDF or local
school district, who is implementing the IEP of a student with a disability
must either -
1. Hold a valid teaching license
as a special education teacher, or
2. Meet the qualifications in §
18.07.2.1A above and implement the IEP in collaborative consultation with
licensed special education personnel.
C. The procedural safeguards specified in
these regulations shall be followed for those students identified as disabled
and for those suspected of being disabled.
18.07.4
Funding For Students in
Juvenile Detention Facilities
18.07.4.1 The juvenile detention facility may
receive reimbursement from the local school district in which the facility is
located for the costs of providing educational services to students in the
facility, based upon the following -
A. For
nondisabled students, educational costs are costs incurred for direct
educational instruction and include salaries and benefits of teachers and
paraprofessionals, staff development costs and substitute pay.
B. For students with disabilities under the
IDEA, educational costs include all costs incurred in the provision of
FAPE.
C. For students suspected of
having disabilities as defined by the IDEA, educational costs shall include
costs incurred in the evaluation process.
18.07.4.2 The juvenile detention facility and
the local school district in which the juvenile detention facility is located
shall jointly determine the education costs incurred by the facility.
18.07.4.3 The local school district in which
the juvenile detention facility is located shall reimburse the juvenile
detention facility for educational costs incurred up to an amount not to exceed
the Formula Foundation Aid, times the number of students in the
facility.
18.07.4.4 If the juvenile
detention facility and the local school district cannot agree on an amount for
reimbursement, either entity may appeal to the ADE for a final
decision.
18.07.4.5 The ADE shall
reimburse local school districts which have juvenile detention facilities on a
quarterly basis based upon the district requesting such reimbursements.
A. The quarterly reimbursement amount will be
determined by dividing the amount identified in §18.07.4.3 by four
(4).
B. Should costs decrease, the
local school district in which the facility is located shall notify the ADE,
Special Education Unit within thirty (30) days of revised costs.
C. Any adjustments to reimbursements based on
cost decreases will be made in the fourth (4th) quarter.
18.07.4.6 A local school district may request
reimbursement for the costs of educational services provided to students in
juvenile detention facilities and incurred by the local school
district.
18.07.4.7 The juvenile
detention facility shall provide the local school district a monthly attendance
record for each student in the facility, regardless of length of
stay.
18.08 SERIOUS OFFENDER PROGRAMS
18.08.1 It shall be the responsibility of the
local school district in which a serious offender program is located to report
the attendance of those students on the district's attendance report and to
transfer funding to the serious offender program located within the
district.
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