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HB 102: "An Act providing for funding of educational services for students in residential psychiatric treatment centers."

00 HOUSE BILL NO. 102 01 "An Act providing for funding of educational services for students in residential 02 psychiatric treatment centers." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.16 is amended by adding a new section to read: 05 Article 3. Educational Programs Operated by Residential Psychiatric Treatment 06 Centers. 07 Sec. 14.16.300. Education funding for students in residential psychiatric 08 treatment centers. (a) A school district shall provide funding under this section to a 09 residential psychiatric treatment center for educational services provided to a student 10 admitted to the center if 11 (1) the student is enrolled or eligible for enrollment in the school 12 district; 13 (2) the student is admitted to the center 14 (A) under a court order;

01 (B) by the Department of Health and Social Services under 02 AS 47.10.087 or AS 47.12.255; or 03 (C) by private placement under the written orders of a licensed 04 physician or mental health professional finding that the placement is medically 05 necessary; 06 (3) the educational services are of the type and quality offered in the 07 community, are provided by qualified personnel, and include special education 08 services, if appropriate; 09 (4) the center is approved by the Department of Health and Social 10 Services; and 11 (5) within five business days after admitting the student, the center 12 notifies the school district, in writing, that the center will provide educational services 13 to the student while the student resides at the center. 14 (b) For each student receiving educational services at a residential psychiatric 15 treatment center, the school district shall pay the center an amount equal to the amount 16 generated by the student receiving educational services at the center less 17 administrative costs retained by the local school district, determined by applying the 18 indirect cost rate approved by the Department of Education and Early Development. 19 The amount generated by the student receiving educational services at the center is to 20 be determined in the same manner as it would be for the student if enrolled in and 21 attending a public school in that school district and includes federal impact aid, the 22 required local contribution under AS 14.17.410(b)(2), the local contribution under 23 AS 14.17.410(c), special needs funding under AS 14.17.420(a)(1), intensive services 24 funding under AS 14.17.420(a)(2), secondary school vocational and technical 25 instruction funding under AS 14.17.420(a)(3), and other appropriations for the 26 purpose. 27 (c) A school district shall prorate the total amount calculated under (b) of this 28 section for a student by the number of days the student is admitted to the residential 29 psychiatric treatment center and receives educational services provided by the center. 30 (d) If the amount appropriated to the school district is reduced under 31 AS 14.17.400(b), the school district shall reduce the funding provided to the

01 residential psychiatric treatment facility as necessary. 02 (e) In this section, "residential psychiatric treatment center" or "center" means 03 a secure or semi-secure facility, or an inpatient program in another facility, that 04 provides, under the direction of a physician, psychiatric diagnostic, evaluation, and 05 treatment services on a 24-hour-a-day basis to an individual with severe emotional or 06 behavioral disorders.