158.135 Reimbursement for school services for state agency children in state institution or day treatment center or in custody of Department of Juvenile Justice. - Kentucky Statutes

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Page 1 of 2 158.135 Reimbursement for school services for state agency children in state institution or day treatment center or in custody of Department of Juvenile
Justice. (1) As used in this section, unless the context otherwise requires: (a) "State agency children" means: 1. a. Those children of school age committed to or in custody of the
Cabinet for Health and Family Services and placed, or financed by
the cabinet, in a Cabinet for Health and Family Services operated
or contracted institution, treatment center, facility, including those
for therapeutic foster care and excluding those for nontherapeutic
foster care; or b. Those children placed or financed by the Cabinet for Health and
Family Services in a private facility pursuant to child care
agreements including those for therapeutic foster care and
excluding those for nontherapeutic foster care; 2. Those children of school age in home and community-based services
provided as an alternative to intermediate care facility services for the
intellectually disabled; and 3. Those children committed to or in custody of the Department of Juvenile
Justice and placed in a department operated or contracted facility or
program; (b) "Current costs and expenses" means all expenditures, other than for capital outlay and debt service, which are in excess of the amount generated by state
agency children under the Support Education Excellence in Kentucky funding
formula pursuant to KRS 157.360. These expenditures are necessary to
provide a two hundred thirty (230) day school year, smaller teacher pupil
ratio, related services if identified on an individual educational plan, and more
intensive educational programming; and (c) "Therapeutic foster care" means a remedial care program for troubled children and youth that is in the least restrictive environment where the foster parent is
trained to implement planned, remedial supervision and care leading to
positive changes in the child's behavior. Children served in this placement
have serious emotional problems and meet one (1) or more of the following
criteria:
1. Imminent release from a treatment facility; 2. Aggressive or destructive behavior; 3. At risk of being placed in more restrictive settings, including
institutionalization; or 4. Numerous placement failures. (2) (a) Unless otherwise provided by the General Assembly in a budget bill, any county or independent school district that provides elementary or secondary
school services to state agency children shall be reimbursed through a contract Page 2 of 2 with the Kentucky Educational Collaborative for State Agency Children. The
school services furnished to state agency children shall be equal to those
furnished to other school children of the district. (b) The Department of Education shall, to the extent possible within existing appropriations, set aside an amount of the state agency children funds
designated by the General Assembly in the biennial budget to reimburse a
school district for its expenditures exceeding twenty percent (20%) of the total
amount received from state and federal sources to serve a state agency child. (3) The General Assembly shall, if possible, increase funding for the education programs for state agency children by a percentage increase equal to that provided
in the biennial budget for the base funding level for each pupil in the program to
support education excellence in Kentucky under KRS 157.360 and, if applicable, by
an amount necessary to address increases in the number of state agency children
being served. (4) The Kentucky Educational Collaborative for State Agency Children shall make to the chief state school officer the reports required concerning school services for
state agency children, and shall file with the Cabinet for Health and Family Services
unit operating or regulating the institution or day treatment center, or contracting for
services, in which the children are located a copy of the annual report made to the
chief state school officer. (5) The Cabinet for Health and Family Services shall contract with a university-affiliated training resource center utilizing all funds generated by the children in
state agency programs, except Oakwood and Hazelwood funds, and the funds in the
Kentucky Department of Education budget, pursuant to this section, as well as any
other educational funds for which all Kentucky children are entitled. The total of
these funds shall be utilized to provide educational services through the Kentucky
Educational Collaborative for State Agency Children established in KRS 605.110. (6) Notwithstanding the provisions of any other statute, the Kentucky Educational Collaborative for State Agency Children shall operate a two hundred thirty (230)
day school program. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 141, sec. 7, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 132, effective June 20, 2005. -- Amended 1998 Ky. Acts
ch. 426, sec. 115, effective July 15, 1998; ch. 433, sec. 1, effective July 15, 1998;
and ch. 538, sec. 1, effective April 13, 1998. -- Amended 1996 Ky. Acts ch. 358,
sec. 65, effective July 1, 1997. -- Amended 1994 Ky. Acts ch. 376, sec. 2, effective
July 15, 1994.