SB 103: "An Act relating to the duties of the Department of Education and Early Development; relating to approval of educational programs at residential psychiatric treatment centers; and providing for funding of educational services for students in residential psychiatric treatment centers."
00 SENATE BILL NO. 103 01 "An Act relating to the duties of the Department of Education and Early Development; 02 relating to approval of educational programs at residential psychiatric treatment 03 centers; and providing for funding of educational services for students in residential 04 psychiatric treatment centers." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.07.020(a) is amended to read: 07 (a) The department shall 08 (1) exercise general supervision over the public schools of the state 09 except the University of Alaska; 10 (2) study the conditions and needs of the public schools of the state, 11 adopt or recommend plans, administer and evaluate grants to improve school 12 performance awarded under AS 14.03.125, and adopt regulations for the improvement 13 of the public schools; 14 (3) provide advisory and consultative services to all public school
01 governing bodies and personnel; 02 (4) prescribe by regulation a minimum course of study for the public 03 schools; the regulations must provide that, if a course in American Sign Language is 04 given, the course shall be given credit as a course in a foreign language; 05 (5) establish, in coordination with the Department of Health and Social 06 Services, a program for the continuing education of children who are held in detention 07 facilities in the state during the period of detention; 08 (6) accredit those public schools that meet accreditation standards 09 prescribed by regulation by the department; these regulations shall be adopted by the 10 department and presented to the legislature during the first 10 days of any regular 11 session, and become effective 45 days after presentation or at the end of the session, 12 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 13 the members of each house; 14 (7) prescribe by regulation, after consultation with the state fire 15 marshal and the state sanitarian, standards that will ensure [ASSURE] healthful and 16 safe conditions in the public and private schools of the state, including a requirement 17 of physical examinations and immunizations in pre-elementary schools; the standards 18 for private schools may not be more stringent than those for public schools; 19 (8) exercise general supervision over pre-elementary schools that 20 receive direct state or federal funding; 21 (9) exercise general supervision over elementary and secondary 22 correspondence study programs offered by municipal school districts or regional 23 educational attendance areas; the department may also offer and make available to any 24 Alaskan through a centralized office a correspondence study program; 25 (10) accredit private schools that request accreditation and that meet 26 accreditation standards prescribed by regulation by the department; nothing in this 27 paragraph authorizes the department to require religious or other private schools to be 28 licensed; 29 (11) review plans for construction of new public elementary and 30 secondary schools and for additions to and major rehabilitation of existing public 31 elementary and secondary schools and, in accordance with regulations adopted by the
01 department, determine and approve the extent of eligibility for state aid of a school 02 construction or major maintenance project; for the purposes of this paragraph, "plans" 03 include educational specifications, schematic designs, projected energy consumption 04 and costs, and final contract documents; 05 (12) provide educational opportunities in the areas of vocational 06 education and training, and basic education to individuals over 16 years of age who 07 are no longer attending school; 08 (13) administer the grants awarded under AS 14.11; 09 (14) establish, in coordination with the Department of Public Safety, a 10 school bus driver training course; 11 (15) require the reporting of information relating to school disciplinary 12 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 13 behavior; 14 (16) establish by regulation criteria, based on low student performance, 15 under which the department may intervene in a school district to improve instructional 16 practices, as described in AS 14.07.030(14) or (15); the regulations must include 17 (A) a notice provision that alerts the district to the deficiencies 18 and the instructional practice changes proposed by the department; 19 (B) an end date for departmental intervention, as described in 20 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 21 consecutive years of improvement consisting of not less than two percent 22 increases in student proficiency on standards-based assessments in language 23 arts and mathematics, as provided in AS 14.03.123(f)(2)(A); and 24 (C) a process for districts to petition the department for 25 continuing or discontinuing the department's intervention; 26 (17) notify the legislative committees having jurisdiction over 27 education before intervening in a school district under AS 14.07.030(14) or redirecting 28 public school funding under AS 14.07.030(15); 29 (18) establish, in coordination with the Department of Health and 30 Social Services, a program for the continuing education of children who are 31 admitted to residential psychiatric treatment centers in the state;
01 (19) approve educational programs provided at residential 02 psychiatric treatment centers [REPEALED]. 03 * Sec. 2. AS 14.16 is amended by adding new sections to read: 04 Article 3. Educational Programs Operated by Residential Psychiatric Treatment 05 Centers. 06 Sec. 14.16.300. Approval process for educational programs at residential 07 psychiatric treatment centers. (a) The department shall adopt regulations 08 establishing an application process for educational programs at residential psychiatric 09 treatment centers. The application procedures must include requirements for an 10 academic policy committee at a residential psychiatric treatment center and must 11 require the residential psychiatric treatment center to provide, at a minimum, the 12 following information: 13 (1) a list of the members of an academic policy committee and their 14 qualifications; 15 (2) the bylaws of the educational program and a written administrative 16 policy manual; 17 (3) the center's admission policies and procedures; 18 (4) the teacher-to-student ratio, including projected enrollment; 19 (5) a description of the educational program and how the program 20 aligns with state content and performance standards; 21 (6) a description of student assessments provided in the educational 22 program and an agreement that the center will administer student assessments required 23 by the state; 24 (7) written objectives for student achievement; 25 (8) the center's plans for providing special education, vocational 26 education, gifted education, and bilingual education for students, as applicable; 27 (9) an educational program schedule and calendar; 28 (10) a description of staff development activities; 29 (11) documentation that a teacher who possesses a valid teacher 30 certificate and meets additional training requirements under AS 14.30.250 will provide 31 the educational services;
01 (12) documentation that a person who possesses a valid administrative 02 certificate and meets other training requirements under AS 14.30.255 will administer 03 the special education services; 04 (13) assurances that the center has adopted a certificated employee 05 evaluation system based on professional performance standards for evaluation and 06 improvement of the performance of the center's teachers and educational services 07 administrators; 08 (14) assurances that the center will follow procedures established by 09 the department to comply with federal law, including 20 U.S.C. 1400 - 1482 10 (Individuals with Disabilities Education Act); 11 (15) a summary of the center's budget and financial plan; 12 (16) the method by which the center will account for receipts and 13 expenditures; 14 (17) assurances that the center will comply with all state and federal 15 requirements for receipt and use of public funds; 16 (18) proof that the center is approved by the Department of Health and 17 Social Services; 18 (19) a written plan to collaborate with a school district where a student 19 is enrolled to coordinate an individual course of study to allow a student to transition 20 successfully back to the school district where the student is enrolled; 21 (20) a commitment that, as a condition of funding, the center shall only 22 expend funds received under AS 14.16.310 for educational services provided at the 23 center; 24 (21) an agreement that, as a condition of funding, the center shall allow 25 audit and inspection of records by state and federal agencies and shall return 26 overpayments; 27 (22) other documents or information required by the department. 28 (b) A decision of the department to deny the application is appealable to the 29 state Board of Education and Early Development. The state Board of Education and 30 Early Development shall exercise independent judgment in evaluating the application, 31 but may not approve an application that contains insufficient information to determine
01 compliance with applicable law. 02 (c) A decision of the state Board of Education and Early Development to grant 03 or deny approval of an educational program at a residential psychiatric treatment 04 center constitutes final agency action that may be appealed to the superior court within 05 30 days after it is issued. 06 (d) An educational program at an approved residential psychiatric treatment 07 center is exempt from collective bargaining agreements applicable to teachers in 08 school districts. 09 Sec. 14.16.310. Education funding for students in residential psychiatric 10 treatment centers. (a) A school district shall provide funding under this section to a 11 residential psychiatric treatment center licensed under AS 47.32 for educational 12 services provided to a student admitted to the center if 13 (1) the student is enrolled in the school district; 14 (2) the student is admitted to the center 15 (A) under a court order; 16 (B) by the Department of Health and Social Services under 17 AS 47.10.087 or AS 47.12.255; or 18 (C) by private placement under the written orders of a licensed 19 physician or mental health professional finding that the placement is medically 20 necessary; 21 (3) the educational program at the center is approved by the 22 department under AS 14.16.300; and 23 (4) within five business days after admitting the student, the center 24 notifies the school district where the student is enrolled, in writing, that the center will 25 provide educational services to the student while the student resides at the center. 26 (b) For each student receiving educational services at a residential psychiatric 27 treatment center, the school district where the student is enrolled shall pay the center 28 an amount equal to the amount generated by the student less administrative costs 29 retained by the school district where the student is enrolled, determined by applying 30 the indirect cost rate approved by the department. The amount generated by the 31 student is to be determined in the same manner as it would be for a student attending a
01 public school in the school district where the student is enrolled, except that the 02 adjusted ADM shall be calculated using the district cost factor under AS 14.17.460 03 that is applicable to either the district where the student is enrolled or the district 04 where the center is located, whichever is less. The amount generated by the student 05 includes federal impact aid, the required local contribution under AS 14.17.410(b)(2), 06 the local contribution under AS 14.17.410(c), special needs funding under 07 AS 14.17.420(a)(1), intensive services funding under AS 14.17.420(a)(2), secondary 08 school vocational and technical instruction funding under AS 14.17.420(a)(3), and 09 other appropriations for the purpose. 10 (c) The school district where the student is enrolled shall prorate the total 11 amount calculated under (b) of this section for a student by the number of days the 12 student is admitted to the residential psychiatric treatment center and receives 13 educational services provided by the center. 14 (d) If the amount appropriated to the school district where the student is 15 enrolled is reduced under AS 14.17.400(b), the school district shall reduce the funding 16 provided to the residential psychiatric treatment facility as necessary. 17 (e) In this section, "residential psychiatric treatment center" or "center" means 18 a secure or semi-secure facility, or an inpatient program in another facility, that 19 provides, under the direction of a physician, psychiatric diagnostic, evaluation, and 20 treatment services on a 24-hour-a-day basis to an individual with severe emotional or 21 behavioral disorders.