Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.22-014 - DESE Rules Governing Special Education and Related Services, Section 18.00
Universal Citation: AR Admin Rules 005.28.22-014
Current through Register Vol. 49, No. 9, September, 2024
18.01 REGULATORY AUTHORITY
18.01.1
These rules are enacted pursuant to the State Board of Education's authority
under Ark. Code Ann. §§
6-11-105,
6-18-202,
6-20-104, 620-107, and
6-41-202, and Act 523 of
2019.
18.02 PURPOSE
18.02.1 It is the
purpose of these rules to allocate public school funds for the education of
residentially placed students.
18.02.2 It is further the purpose of these
rules 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 rules, 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)(11),
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 rules, 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 rules, 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 rules, 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. Easter Seals of
Arkansas;
D. Arkansas State
Hospital;
E. Facilities licensed as
Intermediate Care Facilities for the Mentally Retarded (ICFMR) by the Arkansas
Department of Human Services;
F.
Residential facilities licensed as sexual rehabilitation programs for children
by the Arkansas Department of Human Services;
G. Psychiatric hospitals licensed by the
Arkansas Department of Health.
18.03.6.2 That has a special education
component approved by the Division of Elementary and Secondary Education (DESE)
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 rules, an out-of-state residential or inpatient facility
means:
18.03.7.1 For a student with
disabilities, a facility outside the State of Arkansas, that has a special
education component approved by the DESE Special Education Unit, on an annual
basis, that is operating under the appropriate licensure of the state in which
it is located.
18.03.7.2 For a
student without disabilities, a facility in a state that borders Arkansas that
is operating under the appropriate licensure of the state in which it is
located, and approved by the DESE Special Education Unit.
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 rules. 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 reimbursement funding.
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 in person or through
technology.
18.04.2.4 The review
team shall be composed of, at a minimum, a representative from the district and
a representative from the residential treatment facility. A DHS representative
shall also be invited if the student is receiving services from one or more DHS
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 §
4.00 of the DESE Special Education rules.
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 must 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 setting.
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
rules. Such other costs will be borne by DHS, Medicaid, private insurance, the
parent or by any combination thereof.
18.04.3.3 Residential treatment facilities
must submit a written request to the school district identifying the costs of
education and services provided. The request must be submitted to the school
district by the deadline established by the DESE in order for the district to
seek reimbursement from the DESE Special Education Unit.
18.04.3.4 The DESE, 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
in-state residential or inpatient facility for any care and treatment,
including psychiatric treatment, unless:
A.
The DESE authorizes public payment for educational costs based on a
determination that the educational program and facilities are appropriate for
the juvenile and the DESE has approved the facility's education program;
and
B. Each program authorization
precedes the placement.
C. If the
program is not authorized prior to the placement, the DESE, 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.
18.04.3.5 The liability of the DESE, 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 DESE 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 DESE 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
maximum reimbursement rate for nondisabled students receiving educational
services in a residential treatment facility, as determined by the
DESE.
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 rules shall be followed.
18.05.3 Procedures for educational
management.
18.05.3.1 When a student with a
disability 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 DESE approval of the residential treatment facility's special education program.
Procedures for children who transfer from public agencies in the same state as outlined in §8.03.3 of these rules should be followed.
18.05.4
Assignment of costs.
18.05.4.1 The DESE, 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 in-state residential or inpatient facility for
any care and treatment, including psychiatric treatment, unless:
A. The DESE authorizes public payment for
educational costs based on a determination that the educational program and
facilities are appropriate for the juvenile and the DESE has approved the
facility's education program; and
B. Each program authorization precedes the
placement.
C. If the program is not
authorized prior to the placement, the DESE, 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.
18.05.4.2 The liability of the DESE for the
educational costs or other related costs for a student placed by a parent or
agent other than the school district shall be limited to the reimbursement rate
established by the DESE for a juvenile placed in a residential or inpatient
facility.
18.05.4.3 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.
18.05.4.4 All other costs will be borne by
either DHS, Medicaid, private insurance, the parent, or by any combination
thereof.
18.05.5 Funding.
18.05.5.1 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 ESE
Special Education Unit.
18.05.5.2
When the requests for reimbursement exceed the amount of funds available, the
reimbursement will be prorated.
18.05.6 Extended School Year Services (ESY).
18.05.6.1 Not all students with disabilities
receiving educational services in residential placement will be eligible for or
in need of ESY services.
18.05.6.2
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
rules.
18.06 RESIDENTIAL PLACEMENT OUT-OF-STATE - STUDENTS 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 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 rules shall be followed.
18.06.3 Assignment of costs.
18.06.3.1 The DESE, 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 DESE has approved the
facility's education program; and
C. Each program authorization precedes the
placement.
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 DESE, 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 DESE for the educational costs or other related costs for a student placed
in a residential facility by a parent or agent other than the school district
shall be limited to the lesser of -
A. The
reimbursement rate established by the DESE 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
DESE.
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
rules.
18.07 RESIDENTIAL PLACEMENT OUT-OF-STATE - STUDENTS WITHOUT DISABILITIES
18.07.1 Assignment of responsibility.
18.07.1.1 When a nondisabled student is
placed in an out-ofstate residential treatment facility for educational
purposes by a school district, the placing school district remains responsible
for educating the student.
18.07.1.2 When a nondisabled student is
placed in an out-of-state residential treatment facility for non-educational
reasons and the juvenile's physician determines that the out-of-state placement
is medically necessary and is the most appropriate placement available, the
student's resident district, as determined by Ark. Code Ann. §
6-18-202, is responsible for
educating the student.
18.07.1.3
When a nondisabled student who is a ward of the State is placed in an
out-of-state residential treatment facility and the juvenile's physician
determines that the out-of-state placement is medically necessary and is the
most appropriate placement available, the ADE is responsible for educating the
student.
18.07.1.4 When a
nondisabled student is placed in an out-of-state 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.
18.07.2
Procedures for educational management.
18.07.2.1 Each school district must designate
an individual who will be responsible for ensuring compliance with these rules.
This may be the district superintendent or a designee.
18.07.2.2 When a nondisabled student is
placed in an out-of-state 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 reimbursement funding.
18.07.2.3 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 in person or through
technology.
18.07.2.4 The review
team shall be composed of, at a minimum, a representative from the district and
a representative from the residential treatment facility. A DHS representative
shall also be invited if the student is receiving services from one or more DHS
Divisions.
18.07.2.5 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.
18.07.2.6
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 §
4.00 of DESE Special Education rules.
18.07.2.7 When the review team determines
that the student should not be referred for consideration for special education
and related services, it must identify the general educational and
non-educational needs of the student.
18.07.2.8 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 setting.
18.07.3 Assignment of costs.
18.07.3.1 For nondisabled students,
"educational costs" are limited to only those costs incurred for direct
educational instruction of the student.
18.07.3.2 All other services provided for the
student are considered non-educational and are not reimbursable under these
rules. Such other costs will be borne by DHS, Medicaid, private insurance, the
parent or by any combination thereof.
18.07.3.3 Residential treatment facilities
must submit a written request to the responsible school district identifying
the costs of education and services provided. The request must be submitted to
the school district by the deadline established by the DESE Special Education
Unit in order for the district to seek reimbursement.
18.07.3.4 The DESE Special Education Unit, 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, the juvenile's
physician determines that the out-of-state placement is medically necessary and
is the most appropriate placement available;
B. The DESE Special Education Unit authorizes
public payment for educational costs based on a determination that the
educational program and facilities are appropriate for the juvenile and the
DESE Special Education Unit has approved the facility's education program;
and
C. Each educational program
authorization precedes the placement; and
D. The out-of-state residential or inpatient
facility is located within a state that borders Arkansas.
18.07.3.5 If the program is not authorized
prior to the placement, the DESE, 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.
18.07.3.6 The liability of
the DESE, a public school district, or an open-enrollment charter school for
the educational costs or other related costs, shall be limited to the lesser of
the reimbursement rate established by the DESE for a juvenile placed in a
residential or inpatient facility or 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 determined by DESE.
18.07.3.7 Reimbursement for students without
disabilities in an out-of-state facility shall be limited to twenty (20)
students at any one (1) time during a calendar year.
18.07.4 Funding.
18.07.4.1 The responsible school district may
request reimbursement from the DESE Special Education Unit for the educational
costs of nondisabled students placed in residential treatment
facilities.
18.07.4.2 The school
district shall not be responsible for educational costs exceeding the maximum
reimbursement rate for nondisabled students receiving educational services in a
residential treatment facility, as determined by the DESE.
18.07.4.3 When the requests for reimbursement
exceed the amount of funds available, the reimbursement will be
prorated.
18.07.5
Extended School Year Services (ESY).
18.07.5.1
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.
18.07.5.2 Residential
treatment facilities cannot bill school districts for educational services
provided to nondisabled students during the summer months.
18.08 JUVENILE DETENTION FACILITIES
18.08.1 General
18.08.1.1 For the purposes of these
regulations, juvenile detention facilities are designated as approved
residential treatment facilities.
18.08.1.2 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.
18.08.1.3 Students
detained in a juvenile 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 a juvenile detention facility for ten (10) days or
more, the resident district shall drop the student from enrollment.
18.08.1.4 The resident district of
a student who is being detained 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.
18.08.1.5 Juvenile detention facilities must
meet all standards required by the Arkansas Department of Finance and
Administration in addition to these regulations.
18.08.2 Educational services for nondisabled
students.
18.08.2.1 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, Division of Elementary and Secondary
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.
18.08.2.2 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.
18.08.3
Educational services for disabled students.
18.08.3.1 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 hold a valid teaching license as a special education
teacher.
C. The procedural
safeguards specified in these regulations shall be followed for those students
identified as disabled and for those suspected of being disabled.
18.08.4 Funding for
students in juvenile detention facilities.
18.08.4.1 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.
18.08.4.2 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.
18.08.4.3 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.
18.08.4.4 The juvenile detention facility and
the local school district in which the juvenile detention facility is located
shall jointly complete an application for funding based on the approved student
capacity of the facility and shall submit the application to the DESE.
The application for funding shall include an itemized statement of educational costs incurred.
18.08.4.5 The local school district in which
the juvenile detention facility is located must reimburse the juvenile
detention facility for the amount approved by the DESE for educational costs
incurred up to an amount not to exceed the Formula Foundation Aid times the
approved student capacity of the facility.
18.08.4.6 If the juvenile detention facility
and the local school district cannot agree on an amount for reimbursement,
either entity may appeal to the DESE for a final decision.
18.08.4.7 The DESE 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 §18.08.4.5 by four
(4).
B. Should costs decrease, the
local school district in which the facility is located must notify the DESE
Special Education Unit within thirty (30) days of revised costs.
C. Any adjustments to reimbursements will be
made in the fourth (4th) quarter.
18.08.4.8 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.
18.08.4.9 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.
18.09 JUVENILE TREATMENT CENTERS (FORMERLY KNOWN AS SERIOUS OFFENDER PROGRAMS)
18.09.1 It shall be the responsibility of
each juvenile treatment center that is part of the Department of Human
Services, Division of Youth Services' (DYS) system of education to report the
attendance of its students in the education program by providing quarterly
attendance reports to DYS. DYS will provide the quarterly attendance
information to the DESE. 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.
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