005.28.22 Ark. Code R. § 014 Dese Rules Governing Special Education and Related Services, Section 18.00

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 005.28.22 Ark. Code R. § 014

18.01 REGULATORY AUTHORITY

18.01.1 These rules are enacted pursuant to the State Board of Education's authority under Ark. Code Ann. §§ 6Powers and duties6-11-105 6Age and residence for attending public schools6-18-202 6Reimbursement for educational services provided in juvenile detention facilities6-20-104 620-107, and 6Purposes and applicability6-41-202 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 § 9Disposition - Delinquency - Alternatives9-27-330(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. § 20Short title; findings; purposes1400 et seq. (IDEA) and Ark. Code Ann. § 6Purposes and applicability6-41-202 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. § 6Age and residence for attending public schools6-18-202 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. § 20Short title; findings; purposes1400 et seq. and Ark. Code Ann. § 6Purposes and applicability6-41-202 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. § 6Age and residence for attending public schools6-18-202 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...