FIRST REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 827

94TH GENERAL ASSEMBLY

     Reported from the Committee on Seniors, Families and Public Health, May 3, 2007, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

1986S.05C

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 subdivisions (1), (2), or (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.  The local school district shall be invited to have representation on the child's family support team.  If the school district designates a representative, the representative shall be a full participant in the family support team.

            2.  Nothing in this section shall be construed to infringe upon the rights or due process provisions of the federal Individuals with Disabilities Education Act.  Nothing in this section shall be construed to impede the ability of the family support team or the facility staff from making a referral for special education services, if appropriate, when a child is placed in a facility described in this section without an individualized education program or without a pending referral for such services.  If a child is referred for such services, the provisions of the Individuals with Disabilities Education Act shall apply and control while the referral is pending and through the evaluation process, including provisions for educational decision-makers and educational surrogates.  Nothing in this section shall be construed to deny any child domiciled in Missouri appropriate and necessary free public education services.

            3.  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 section 210.481, RSMo, such facility shall be responsible for the educational needs of the child if the child at the time of placement does not have an individualized education program or a pending referral for special education services under sections 162.670 to 162.999, RSMo.

            (1)  Such facilities operating an on-site school for which they hire their own education staff shall:

            (a)  Provide, on site at such facility, a full school day of education for each child placed in such facility by the department of social services unless the child's plan of treatment and care supports his or her ability to attend public school; and

            (b)  Be reimbursed by the local school district for the cost of education services provided to children placed in their care by the department of social services, as approved by the department of elementary and secondary education, when the facility provides education services.  The local school district shall be compensated under section 167.126, RSMo, for such education services.

No child placed in the facilities for treatment described in this subdivision shall be considered by the local school district as homebound for purposes of education unless the family support team under subsection 1 of this section has approved homebound instruction. A full school day of education shall be provided unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section.  Nothing in this subdivision shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

            (2)  When such facilities have on-site classrooms but do not hire their own education staff, the local school district:

            (a)  Shall provide, on site at such facility, or at an alternative location agreed upon under subsection 6 of this section, a full school day of education for each child placed in such facility for 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;

            (b)  Shall be compensated under section 167.126 for such education services, as approved by the department of elementary and secondary education; and

            (c)  May consider such education services as homebound instruction but shall provide each homebound child with a full school day of education unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section.

Nothing in this subdivision shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

            (3)  When such facilities do not operate an on-site school or have on-site classrooms, the local school district shall:

            (a)  Provide a full school day of education for each child placed in such facility for care by the department of social services; and

            (b)  Be compensated for such education services under section 167.126, as approved by the department of elementary and secondary education.

If the child's behavior or plan of treatment and care does not support the child's being educated in a regular education class, education services shall be provided in an alternative setting approved by the family support team under subsection 1 of this section.  A full school day of education shall be provided unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section.  Nothing in this subdivision shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

            4.  Notwithstanding any other provision of law, a child placed for treatment by the department of social services in a licensed residential care facility setting for children as defined in section 210.481, RSMo, who does not have an individualized education program for special education services or a pending referral for such services under sections 162.670 to 162.999, RSMo, whose plan of treatment and care supports his or her ability to attend public school but who is then suspended or otherwise demonstrates school failure based on behavior or academic performance shall then be provided a full school day of education according to subsection 3 of this section.

            5.  Nothing in this section shall prevent a licensed residential care facility setting for children as defined in section 210.481, RSMo, from contracting with school districts for education services.  Nothing in this section shall prevent a school district from contracting with a licensed residential care facility setting for children as defined in section 210.481, RSMo, for education services.

            6.  (1)  Any residential treatment facility shall work with the district and develop an educational plan that describes in general how and where educational services will be provided to school-aged residents of the treatment facility under a variety of possible circumstances.  The educational plan shall be developed jointly by the appropriate staff of both the treatment facility and the public school district, and the plan shall be signed annually by the administration of both parties verifying their support for the plan.

            (2)  It is the intent that the educational plan follow the provisions of this section, but treatment facilities and school districts may develop provisions for educational services not included in this section if both parties agree on the provisions and if the provisions offer a full-day educational program for the students involved.

            (3)  It is understood as a condition of the plan that both the treatment facility and school district shall be fully reimbursed, as allowed by law in accordance with the availability of funds, for their portions of the cost of providing educational services through such sources as basic state aid, local district bill-back, and excess cost reimbursement, as well as other possible sources, and that a school district shall not be required to provide more total reimbursement to a treatment facility than it receives from all such sources.  The local school district shall make all needed requests and applications for such reimbursement.

            (4)  Each treatment facility and school district shall furnish a signed copy of their educational plan to the department of elementary and secondary education and to the department of social services no later than June first of each year.

            (5)  If a treatment facility and school district cannot reach an agreement on the education plan under this subsection, the differences shall be resolved by an arbitration panel made up of one representative from the department of elementary and secondary education, one representative from the children's division of the department of social services and one person appointed by the governor every three years, serving at the pleasure of the governor, with the advice and consent of the senate.  A final decision shall be made by August fifteenth.  Costs for the arbitration panel shall be shared equally by the treatment facility and the school district.

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