FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MUSCHANY (Sponsor), CORCORAN, ROBB, BAKER (123), AULL, FARES, FRANZ, CUNNINGHAM (86), STREAM, SATER, MEINERS, TILLEY, BROWN (50), KINGERY, MAY, SMITH (150) AND SUTHERLAND (Co-sponsors).
Read 1st time February 12, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 167, RSMo, by adding thereto one new section relating to educational needs of children in licensed residential care facilities.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be known as section 167.128, to read as follows:
167.128. 1. The educational needs of each child under the jurisdiction of the juvenile court or family court under subdivision (5) of subsection 1 of section 211.031, RSMo, shall be considered as part of the function of the child's family support team pursuant to policy of the department of social services. Such needs shall include, but not be limited to, the assumption that regular full school days of education are warranted. For the purposes of this section, "full school day" shall mean six hours in which the child is under the guidance and direction of teachers in the education process.
2. When the department of social services by contract places a child for treatment in a licensed residential care facility setting for children as defined in 210.481, RSMo, such facility shall be responsible for the educational needs of the child.
(1) Such facilities that have a school located on site shall provide the educational services for children placed in their care by the department of social services unless the child's plan of treatment and care supports his or her ability to attend public school. Any facility staff who provide education services at the facility shall be certified under section 168.021, RSMo.
(2) Such facilities shall be financially compensated by the local school district for educational services provided to children placed in their care by the department of social services when the facility provides educational services. The local school district shall be compensated for such services as defined in section 167.126, RSMo.
(3) Children placed for treatment in a facility that has a school located on site shall not be considered by the local school district as "homebound" for purposes of education unless the family support team has approved homebound instruction under subsection 1 of this section.
3. Notwithstanding any other provision of law, a child placed for treatment by the department of social services in a facility described in subsection 2 of this section whose plan of treatment and care supports his or her ability to attend public school but who is suspended or otherwise demonstrates school failure based on behavior or academic performance shall then be provided an appropriate full school day of education at such facility with a school located on site. The facility and the local school district shall be financially compensated for the education of such child according to subdivision (2) of subsection 2 of this section.
4. Nothing in subsection 2 or 3 of this section shall prevent facilities that have a school located on site from contracting with the local school district to provide the educational services at such facility. Nothing in this section shall create an obligation for a licensed residential care facility to create an on-site school.
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