Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 15 - Division of Learning Services
Rule 005.15.14-017 - Arkansas Department of Education Special Education and Related Services Regulations Governing Residential Placement
Universal Citation: AR Admin Rules 005.15.14-017
Current through Register Vol. 49, No. 9, September, 2024
18.01 REGULATORY AUTHORITY
18.01.1 These regulations shall be known as
Arkansas Department of Education Regulations Governing Residential
Placement.
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 education of residentially
placed 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 In addition to the
definitions provided in Section 2.00 of these Regulations, the following
definitions apply specifically to this Section 18.00.
18.03.2 Juvenile - a person who is eighteen
(18) years old or younger.
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, and awaiting disposition, who require
secure custody in a physically restricting facility. Under Ark. Code Ann.
§ 9-27- 330(a)(l 1), such facility shall afford opportunities for
education, recreation, 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 Individuals with Disabilities Education Act,
20 U.S.C. §
1400 et seq. (IDEA) and Ark. Code Ann. §
6-41-202 et seq., shall be considered nondisabled, including any student not
previously enrolled in an Arkansas public school but who meets the residency
requirements of Ark. Code Ann. §
6-18-202 upon entering the
residential facility and enrolls in the resident district.
18.03.5 Student with disabilities - For
purposes of these regulations, a student with a disability means a student age
3 to 21 who qualifies as disabled under the Individuals with Disabilities
Education Act,
20 U.S.C. §
1400 et seq. and Ark. Code Ann. §
6-41-202 et seq.
18.03.6
Residential placement in state - For purposes of these regulations, 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 Human Services (DHS);
B. Alcohol
and drug treatment facilities licensed by the Arkansas Department of Human
Services;
C. Intermediate Care
Facilities for the Mentally Retarded (ICFMR) licensed by the Arkansas
Department of Human Services; and
D. Arkansas State Hospital.
18.03.6.2 That has a special
education component approved by the ADE, Special Education Unit, on an annual
basis. Such placement does not include the Arkansas School for the Blind, the
Arkansas School for the Deaf, or the Arkansas School for Mathematics, Sciences
and the Arts.
18.03.7
Residential Placement Out-of-State - For 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.
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 where the facility is
located remains responsible for ensuring that all children with disabilities
from 3 to 21 years within its jurisdiction and in need of special education and
related services are identified, located and evaluated, regardless of the
severity of their disability, pursuant to § 3.00 of State Special
Education regulations. When it is determined that 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 § 4.00 of State Special Education regulations.
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 DHS, Medicaid, private
insurance, the parent or by any combination thereof.
18.04.3.3 The State Department of Education,
a public school district, or an open-enrollment charter school shall not be
liable for any educational costs associated with the placement of a juvenile in
an in-state residential or inpatient facility for any care and treatment,
including psychiatric treatment, unless:
A.
The Department authorizes public payment for educational costs based on a
determination that the educational program and facilities are appropriate for
the juvenile and the Department has approved the facility's educational
program; and
B. Each educational
program authorization precedes the placement.
C. If the educational program is not
authorized prior to the placement, the Department, public school districts, or
open-enrollment charter schools shall not be responsible for educational or
other related costs, nor shall they be subject to any order to pay for
educational or other related costs.
18.04.3.4 The liability of the Department, a
public school district, or an open-enrollment charter school for the
educational costs or other related costs shall be limited to the reimbursement
rate established by the Department for a juvenile placed in a residential or
inpatient facility.
18.04.4 Funding.
18.04.4.1 A local school district may request
reimbursement from the ADE, Special Education Unit for the educational costs of
nondisabled students placed in residential treatment facilities.
18.04.4.2 The local school district shall not
be responsible for educational costs exceeding the reimbursement rate for
nondisabled students receiving educational services in a residential treatment
facility, as determined by the ADE.
18.04.4.3 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 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 § 9.00 of these regulations shall be
followed.
18.05.3
Assignment of costs.
18.05.3.1 The State
Department of Education, a public school district, or an open-enrollment
charter school shall not be liable for any educational costs associated with
the placement of a juvenile in an in-state residential or inpatient facility
for any care and treatment, including psychiatric treatment, unless:
A. The Department authorizes public payment
for educational costs based on a determination that the educational program and
facilities are appropriate for the juvenile and the Department has approved the
facility's educational program; and
B. Each educational program authorization
precedes the placement.
C. If the
educational program is not authorized prior to the placement, the Department,
public school districts, or open-enrollment charter schools shall not be
responsible for educational or other related costs, nor shall they be subject
to any order to pay for educational or other related costs.
18.05.3.2 The liability of the
Department, a public school district, or an open-enrollment charter school for
the educational costs or other related costs shall be limited to the
reimbursement rate established by the Department for a juvenile placed in a
residential or inpatient facility.
18.05.3.3 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 Human Development Centers,
the facility assumes those costs.
18.05.3.4 All other costs will be borne by
either DHS, Medicaid, private insurance, the parent, or by any combination
thereof.
18.05.4
Funding.
18.05.4.1 A school district may
request reimbursement for the educational costs of students with disabilities
who have been placed in approved residential treatment facilities, as defined
by the ADE, Special Education Unit.
18.05.4.2 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 resident school district
based on the regulations governing ESY in §19.00 of these
regulations.
18.05.6
This section shall not apply to a juvenile placed in an Arkansas juvenile
detention facility as defined in Ark. Code Ann. §
6-20-104.
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 the provision of
procedural safeguards and FAPE.
18.06.1.3 In accordance with the Interagency
Agreement between the ADE and DHS, 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 § 9.00 of these regulations shall be followed.
18.06.3 Assignment of costs.
18.06.3.1 The Department of Education, a
public school district, or an open-enrollment charter school shall not be
liable for any educational costs or other related costs associated with the
placement of a juvenile in an out-of-state residential or inpatient facility
for any care and treatment, including psychiatric treatment, unless:
A. At the time of placement:
1. The juvenile qualifies as disabled under
the Individuals with Disabilities Education Act,
20 U.S.C. §
1400 et seq.; and
2. Payment is required under the Individuals
with Disabilities Education Act;
B. The Department authorizes public payment
for educational costs based on a determination that the educational program and
facilities are appropriate for the juvenile and the Department has approved the
facility's education program; and
C. Each program authorization precedes the
placement.
1. If the program is not
authorized prior to placement, the department, public school districts, or
open-enrollment charter schools shall not be responsible for education or other
related costs, nor shall they be subject to any order to pay for educational or
other related costs.
18.06.3.2 Nothing in this section shall be
construed to require payment by the Department, a public school district, or an
open-enrollment charter school for education costs and other related costs
associated with the placement of a juvenile in an out-of-state residential or
inpatient facility for any care or treatment, including psychiatric treatment,
prior to April 7,2005.
18.06.3.3
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.
18.06.3.4 All other costs will be borne by
either DHS, Medicaid, private insurance, the parent or by any combination
thereof.
18.06.3.5 The liability of
the Department, a public school district, or an open-enrollment charter school
for the educational costs or other IDEA related costs shall be limited to the
lesser of -
A. The reimbursement rate
established by the Department for a juvenile placed in a residential or
inpatient facility; or,
B. The
normal and customary educational cost reimbursement rate of the state in which
a juvenile is placed in an out-of-state residential or inpatient facility as
determined by the Department.
18.06.4 Funding.
18.06.4.1 A school district 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
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 resident
school district/agency based on the regulations governing ESY in §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 Students detained in a juvenile
detention facility for nine (9) days or less.
A. 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 detained in the facility.
B. The resident district of a student who is
being detained in a juvenile detention facility shall work cooperatively with
the juvenile detention facility and the district where the juvenile detention
facility is located to provide the student with the curriculum, textbooks, or
other materials necessary to educate the student for the first nine (9) days
that the student is being detained in the facility either awaiting adjudication
or pursuant to court order.
C. The
resident district shall keep the student enrolled in the district for the first
nine (9) days that the student is being detained in the facility.
D. The juvenile detention facility must
provide the student's resident school district a weekly attendance record for
each of that district's students in the facility, regardless of length of
stay.
18.07.1.3 Students
detained in ajuvenile detention facility for ten (10) days or more.
A. 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 detained in the facility.
B. The district where the juvenile detention
facility is located shall work cooperatively with the juvenile detention
facility to provide the student with the curriculum, textbooks, or other
materials necessary to educate the student.
C. Immediately upon receiving notice that a
student has been detained in ajuvenile detention facility for ten (10) days or
more, the resident district shall drop the student from enrollment.
18.07.1.4 The resident district of
a student who is being detained in ajuvenile 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 must 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.
B. The
maximum teacher/student caseload must be 1 to 15 without a paraprofessional and
1 to 24 with a full time paraprofessional.
C. The juvenile detention facility must
provide instruction that addresses the State's Curriculum Standards and
educational skills needed by students and appropriately address the age ranges
and the abilities of the students in the facility.
D. The juvenile detention facility must
provide appropriate instructional and supplemental materials and media as are
needed to enhance student instruction. Such materials include, but are not
limited to, reference materials, dictionaries, maps, reading materials, and
computer enhanced instructional software and/or internet access.
E. The juvenile detention facility must
provide planned instructional time in each school day averaging not less than
six (6) hours per day or thirty (30) hours per week.
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 a 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 jurisdictional school district and juvenile detention
facility must provide the following educational services for disabled students
-
A. 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 §18.07.2.1
A 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 resident
district of a student detained in a juvenile detention facility for nine (9)
days or less shall continue to receive funding based on the student's
enrollment (average daily membership) in the district for those nine (9) days
or less for the costs of providing educational services to students in the
facility in cooperation with the juvenile detention facility and the district
where the facility is located.
18.07.4.2 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.
18.07.4.3 The juvenile detention facility and
the local school district in which the juvenile detention facility is located
must jointly determine the education costs incurred by the facility.
18.07.4.4 The local school district in which
the juvenile detention facility is located must reimburse the juvenile
detention facility for educational costs incurred up to an amount not to exceed
the Formula Foundation Aid, times the approved student capacity of the
facility.
18.07.4.5 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.
18.07.4.6 The ADE must
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 §18.07.4.4* by four
(4).
B. Should costs decrease, the
local school district in which the facility is located must notify the ADE,
Special Education Unit within thirty (30) days of revised costs.
C. Any adjustments to reimbursements will be
made in the fourth (4th) quarter.
18.07.4.7 The jurisdictional 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.
18.07.4.8 The
juvenile detention facility must provide the jurisdictional local school
district a quarterly attendance record for each student in the facility,
regardless of length of stay.
18.08 JUVENILE TREATMENT CENTERS (FORMERLY KNOWN AS SERIOUS OFFENDER PROGRAMS)
18.08.1
It shall be the responsibility of each juvenile treatment center to report the
attendance of its students in the education program by providing quarterly
attendance reports to the Department of Human Services, Division of Youth
Services (DYS). DYS will provide the quarterly attendance information to the
Arkansas Department of Education. Funding will be disbursed to DYS in support
of education services within DYS juvenile treatment centers based upon a
legislative appropriation for this purpose.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
