CSHB 102(EDC): "An Act relating to school districts; relating to school boards; relating to approval of educational programs at residential psychiatric treatment centers; providing for funding of educational services for students in residential psychiatric treatment centers; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 102(EDC) 01 "An Act relating to school districts; relating to school boards; relating to approval of 02 educational programs at residential psychiatric treatment centers; providing for 03 funding of educational services for students in residential psychiatric treatment centers; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 LEGISLATIVE FINDINGS AND INTENT. The legislature finds that 09 (1) students who are admitted to residential psychiatric treatment centers are a 10 special class of students because they are confined to residential psychiatric treatment centers 11 for mental health treatment and must be provided with educational services at the centers 12 rather than in traditional schools; 13 (2) because of the unique educational and mental health treatment needs of 14 those students, school districts are sometimes challenged to meet the educational needs of
01 students admitted to residential psychiatric treatment centers; 02 (3) in some instances, a residential psychiatric treatment center is able to 03 provide more effective educational and treatment services to an admitted student than a school 04 district can provide to the student; 05 (4) students admitted to residential psychiatric treatment centers are entitled to 06 a free and appropriate public education comparable to the education received by other 07 students enrolled in public schools; 08 (5) the educational opportunities of students admitted to residential psychiatric 09 treatment centers should not be compromised while the students are admitted for treatment; 10 and 11 (6) a free and appropriate public education is an integral part of providing a 12 successful treatment outcome for a student admitted to a residential psychiatric treatment 13 center. 14 * Sec. 2. AS 14.30 is amended by adding new sections to read: 15 Article 14. Educational Programs Provided by Residential Psychiatric Treatment 16 Centers. 17 Sec. 14.30.800. Contracts for educational programs at residential 18 psychiatric treatment centers. (a) A school district may enter into a contract to 19 provide payments to a residential psychiatric treatment center that provides an 20 educational program for a student admitted to the center. If a school district and a 21 residential psychiatric treatment center are unable to agree on a proposed contract on 22 or before January 1 immediately preceding the first school year for which the 23 residential psychiatric treatment center is seeking funding, the school board where a 24 student who is admitted to the center is enrolled shall enter into a contract with the 25 center as provided in (b) of this section. 26 (b) A school board shall enter into a contract to provide payments to a 27 residential psychiatric treatment center that provides an educational program for a 28 student admitted to the center if 29 (1) the center 30 (A) is licensed under AS 47.32; and 31 (B) submits to the school board a proposed contract that
01 includes, at a minimum, the information described under (c) of this section not 02 less than 60 days before the beginning of the school year; 03 (2) the student is enrolled in the school district during the student 04 count period described under AS 14.17.600; 05 (3) the student is admitted to the center 06 (A) under a court order; 07 (B) by the Department of Health and Social Services under 08 AS 47.10.087 or AS 47.12.255; or 09 (C) by private placement under the written orders of a licensed 10 physician or mental health professional finding that the placement is medically 11 necessary; and 12 (4) the school board finds that the reimbursement rate proposed by the 13 center under (c)(21) of this section is reasonable. 14 (c) A contract between a school board and a residential psychiatric treatment 15 center must include the following provisions: 16 (1) the center's admission policies and procedures; 17 (2) the teacher-to-student ratio, including projected enrollment; 18 (3) a description of the educational program and how the program 19 aligns with state content and performance standards; 20 (4) a description of student assessments provided in the educational 21 program and an agreement that the center will administer student assessments required 22 by the state; 23 (5) written objectives for student achievement; 24 (6) the center's plans for providing special education, vocational 25 education, gifted education, and bilingual education for students, as applicable; 26 (7) an educational program schedule and calendar; 27 (8) a description of staff development activities; 28 (9) documentation that a teacher who possesses a valid teacher 29 certificate issued by the department and meets additional training requirements under 30 AS 14.30.250 will provide the educational services; 31 (10) documentation that a person who possesses a valid administrative
01 certificate issued by the department and meets other training requirements under 02 AS 14.30.255 will administer the special education services; 03 (11) assurances that the center has adopted a certificated employee 04 evaluation system based on professional performance standards for evaluation and 05 improvement of the performance of the center's teachers and educational services 06 administrators; 07 (12) assurances that the center will follow procedures established by 08 the department to comply with federal law, including 20 U.S.C. 1400 - 1482 09 (Individuals with Disabilities Education Act); 10 (13) a summary of the center's budget and financial plan; 11 (14) the method by which the center will account for receipts and 12 expenditures; 13 (15) assurances that the center will comply with all state and federal 14 requirements for receipt and use of public funds; 15 (16) proof that the center is approved by the Department of Health and 16 Social Services; 17 (17) a written plan to collaborate with the school district to coordinate 18 an individual course of study to allow the student to transition successfully back to the 19 school district; 20 (18) a commitment that, as a condition of funding, the center shall only 21 expend funds received under (b) of this section for educational services provided at the 22 center; 23 (19) an agreement that, as a condition of funding, the center shall allow 24 audit and inspection of records by state and federal agencies and shall return 25 overpayments; 26 (20) the term of the contract; the term of the contract may not exceed 27 three years; and 28 (21) the reimbursement rate to be provided by the school district for 29 educational services provided by the center. 30 (d) A school board shall issue a written decision approving or rejecting a 31 contract under (b) of this section within 30 days after the center submits the contract to
01 the school board. The school board's decision must include all relevant findings of fact 02 and conclusions of law. 03 (e) If a school board approves a contract under this section, the school board 04 shall forward the application to the state Board of Education and Early Development 05 for review and approval. 06 (f) If a school board rejects a contract under (b) of this section, the center may 07 appeal the rejection to the commissioner. The center shall file the appeal not later than 08 60 days after the school board issues a written decision of rejection. The commissioner 09 shall review the local school board's decision to determine whether the findings of fact 10 are supported by substantial evidence and whether the decision is contrary to law. The 11 center may appeal a decision of the commissioner upholding a school board's rejection 12 of a contract to the state Board of Education and Early Development within 30 days 13 after the commissioner issues a written decision. 14 (g) If the commissioner approves a contract, the commissioner shall forward 15 the application to the state Board of Education and Early Development for review and 16 approval. The commissioner shall forward the contract not later than 30 days after the 17 commissioner issues a written decision. The state board shall exercise independent 18 judgment in evaluating the contract. 19 (h) A school board that rejected a contract that is approved by the state board 20 on appeal shall enter into the contract and honor the terms of the contract. 21 Sec. 14.30.810. Appeal of application for funding. (a) In an appeal to the 22 commissioner under AS 14.30.800(f) - (g), the commissioner shall review the record 23 before the school board to determine whether the proposed contract meets the 24 requirements under AS 14.30.800(c) and whether the proposed reimbursement rate is 25 reasonable. The commissioner may request written supplementation of the record from 26 the residential psychiatric treatment center or the school board. The commissioner 27 may 28 (1) remand the appeal to the school board for further review; 29 (2) approve the contract and forward the contract to the state Board of 30 Education and Early Development; or 31 (3) uphold the decision rejecting the contract; if the commissioner
01 upholds a school board's decision to reject the contract and the center appeals to the 02 state Board of Education and Early Development, the commissioner shall immediately 03 forward the contract and record to the state board. 04 (b) In an appeal to the state Board of Education and Early Development of a 05 rejection of a contract under (a)(3) of this section, the state board shall determine, 06 based on the record, whether the commissioner's findings are supported by substantial 07 evidence and whether the decision is contrary to laws. The state board shall issue a 08 written decision within 90 days after an appeal. 09 Sec. 14.30.820. Definitions. In AS 14.30.800 - 14.30.820, 10 (1) "residential psychiatric treatment center" or "center" means a 11 secure or semi-secure facility, or an inpatient program in another facility, that 12 provides, under the direction of a physician, psychiatric diagnostic, evaluation, and 13 treatment services on a 24-hour-a-day basis to an individual with severe emotional or 14 behavioral disorders; 15 (2) "school district" has the meaning given in AS 14.30.350. 16 * Sec. 3. AS 14.30.800, 14.30.810, and 14.30.820 are repealed July 1, 2020. 17 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).