SSSB 103: "An Act 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 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 103 01 "An Act relating to school boards; relating to approval of educational programs at 02 residential psychiatric treatment centers; providing for funding of educational services 03 for students in residential psychiatric treatment centers; and providing for an effective 04 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 (6) a free and appropriate public education is an integral part of providing a 11 successful treatment outcome for a student admitted to a residential psychiatric treatment 12 center; and 13 (7) there is a demonstrated need to provide uniform requirements to allow 14 school boards to enter into contracts to authorize residential psychiatric treatment centers to 15 serve as educational service providers for admitted students. 16 * Sec. 2. AS 14.30 is amended by adding new sections to read: 17 Article 14. Educational Programs Provided by Residential Psychiatric Treatment 18 Centers. 19 Sec. 14.30.800. Contracts for educational programs at residential 20 psychiatric treatment centers. (a) A school board shall enter into a contract to 21 provide payments to a residential psychiatric treatment center that provides an 22 educational program for a student admitted to the center if 23 (1) the center 24 (A) is licensed under AS 47.32; and 25 (B) submits to the school board a proposed contract that 26 includes, at a minimum, the information described under (b) of this section not 27 less than 60 days before the beginning of the school year; 28 (2) the student is enrolled in the school district; 29 (3) the student is admitted to the center 30 (A) under a court order; 31 (B) by the Department of Health and Social Services under
01 AS 47.10.087 or AS 47.12.255; or 02 (C) by private placement under the written orders of a licensed 03 physician or mental health professional finding that the placement is medically 04 necessary; and 05 (4) the school board finds that the reimbursement rate proposed by the 06 center under (b)(21) of this section is reasonable. 07 (b) A contract between a school board and a residential psychiatric treatment 08 center must include the following provisions: 09 (1) the center's admission policies and procedures; 10 (2) the teacher-to-student ratio, including projected enrollment; 11 (3) a description of the educational program and how the program 12 aligns with state content and performance standards; 13 (4) a description of student assessments provided in the educational 14 program and an agreement that the center will administer student assessments required 15 by the state; 16 (5) written objectives for student achievement; 17 (6) the center's plans for providing special education, vocational 18 education, gifted education, and bilingual education for students, as applicable; 19 (7) an educational program schedule and calendar; 20 (8) a description of staff development activities; 21 (9) documentation that a teacher who possesses a valid teacher 22 certificate issued by the department and meets additional training requirements under 23 AS 14.30.250 will provide the educational services; 24 (10) documentation that a person who possesses a valid administrative 25 certificate issued by the department and meets other training requirements under 26 AS 14.30.255 will administer the special education services; 27 (11) assurances that the center has adopted a certificated employee 28 evaluation system based on professional performance standards for evaluation and 29 improvement of the performance of the center's teachers and educational services 30 administrators; 31 (12) assurances that the center will follow procedures established by
01 the department to comply with federal law, including 20 U.S.C. 1400 - 1482 02 (Individuals with Disabilities Education Act); 03 (13) a summary of the center's budget and financial plan; 04 (14) the method by which the center will account for receipts and 05 expenditures; 06 (15) assurances that the center will comply with all state and federal 07 requirements for receipt and use of public funds; 08 (16) proof that the center is approved by the Department of Health and 09 Social Services; 10 (17) a written plan to collaborate with the school district to coordinate 11 an individual course of study to allow the student to transition successfully back to the 12 school district; 13 (18) a commitment that, as a condition of funding, the center shall only 14 expend funds received under (a) of this section for educational services provided at the 15 center; 16 (19) an agreement that, as a condition of funding, the center shall allow 17 audit and inspection of records by state and federal agencies and shall return 18 overpayments; 19 (20) the term of the contract; the term of the contract may not exceed 20 three years; and 21 (21) the reimbursement rate to be provided by the school district for 22 educational services provided by the center. 23 (c) A school board shall issue a written decision approving or rejecting a 24 contract under (a) of this section within 30 days after the center submits the contract to 25 the school board. The school board's decision must include all relevant findings of fact 26 and conclusions of law. 27 (d) If a school board approves a contract under this section, the school board 28 shall forward the application to the state Board of Education and Early Development 29 for review and approval. 30 (e) If a school board rejects a contract under (a) of this section, the center may 31 appeal the rejection to the commissioner. The center shall file the appeal not later than
01 60 days after the school board issues a written decision of rejection. The commissioner 02 shall review the local school board's decision to determine whether the findings of fact 03 are supported by substantial evidence and whether the decision is contrary to law. The 04 center may appeal a decision of the commissioner upholding a school board's rejection 05 of a contract to the state Board of Education and Early Development within 30 days 06 after the commissioner issues a written decision. 07 (f) If the commissioner approves a contract, the commissioner shall forward 08 the application to the state Board of Education and Early Development for review and 09 approval. The commissioner shall forward the contract not later than 30 days after the 10 commissioner issues a written decision. The state board shall exercise independent 11 judgment in evaluating the contract. 12 (g) A school board that rejected a contract that is approved by the state board 13 on appeal shall enter into the contract and honor the terms of the contract. 14 Sec. 14.30.810. Appeal of application for funding. (a) In an appeal to the 15 commissioner under AS 14.30.800, the commissioner shall review the record before 16 the school board to determine whether the proposed contract meets the requirements 17 under AS 14.30.800(b) and whether the proposed reimbursement rate is reasonable. 18 The commissioner may request written supplementation of the record from the 19 residential psychiatric treatment center or the school board. The commissioner may 20 (1) remand the appeal to the school board for further review; 21 (2) approve the contract and forward the contract to the state Board of 22 Education and Early Development; or 23 (3) uphold the decision rejecting the contract; if the commissioner 24 upholds a school board's decision to reject the contract and the center appeals to the 25 state Board of Education and Early Development, the commissioner shall immediately 26 forward the contract and record to the state board. 27 (b) In an appeal to the state Board of Education and Early Development of a 28 rejection of a contract under (a)(3) of this section, the state board shall determine, 29 based on the record, whether the commissioner's findings are supported by substantial 30 evidence and whether the decision is contrary to laws. The state board shall issue a 31 written decision within 90 days after an appeal.
01 Sec. 14.30.820. Definitions. In AS 14.30.800 - 14.30.820, 02 (1) "residential psychiatric treatment center" or "center" means a 03 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; 07 (2) "school district" has the meaning given in AS 14.30.350. 08 * Sec. 3. AS 14.30.800, 14.30.810, and 14.30.820 are repealed July 1, 2019. 09 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).