Bill Text: IN SB0464 | 2013 | Regular Session | Amended
Bill Title: Education funding for children in residential care.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 129 [SB0464 Detail]
Download: Indiana-2013-SB0464-Amended.html
Citations Affected: IC 20-26.
Synopsis: Education funding for children in residential care. Provides
that if a student is placed in a state licensed residential mental health
facility under written orders of a licensed physician, if the student
receives educational services provided by the facility, and if certain
other conditions are satisfied, the school corporation that includes the
student in its average daily membership shall pay the facility a per
diem for the educational services provided by the facility to the student
during the student's admission in the facility. Specifies that the amount
such a school corporation shall pay to a facility is the amount, prorated
according to the number of instructional days for which the student
receives the educational services, that is equal to: (1) the student's
proportionate share of basic tuition support distributions that are made
to the school corporation for the school year; and (2) any special
education grants received for the student. Specifies the minimum level
educational services that must be provided to a student while the
student is admitted to such a facility. Requires that the educational
services at a facility must be provided by licensed teachers.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Education and Career
Development.
February 14, 2013, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) This section applies to a student if:
(1) the student is placed in a facility under the written order of a physician licensed under IC 25-22.5;
(2) the written order of the physician licensed under IC 25-22.5 is based on medical necessity, as determined by a physician licensed under IC 25-22.5;
(3) the student receives educational services provided by the facility;
(4) the student:
(A) is enrolled in the student's school corporation of legal settlement in Indiana; or
(B) is not enrolled in a school corporation in Indiana, but was enrolled in a school corporation in Indiana in the
previous school year; and
(5) the facility will provide educational services to the student
during the student's admission in the facility.
(c) A facility shall provide written notice as follows not later
than five (5) business days (excluding weekends and holidays) after
a student described in subsection (b) is admitted to the facility:
(1) If the student is admitted to the facility during the school
year and before the date of the fall count of ADM under
IC 20-43-4-3, the facility shall provide written notice to:
(A) the student's school corporation of legal settlement;
and
(B) the department.
(2) If the student is admitted to the facility during the school
year and on or after the date of the fall count of ADM under
IC 20-43-4-3, the facility shall provide written notice to the
school corporation that included the student in its ADM count
for that school year. Upon request of a facility, the
department shall verify which school corporation included the
student in its ADM count for that school year.
The written notice must specify that the student has been admitted
to the facility and that the facility will provide educational services
to the student during the student's admission in the facility.
(d) A school corporation that includes a student described in
subsection (b) in its ADM for the school year in which the student
receives educational services provided by the facility shall pay the
facility a daily per diem as determined under subsection (e) for the
educational services provided by the facility to the student during
the student's admission in the facility. The school corporation may
not be required to pay for any educational services provided to the
student by the facility exceeding one hundred eighty (180)
instructional days or an amount exceeding the student's
proportionate share of state distributions paid to the school
corporation, as determined under subsection (e). In the case of a
student described in subsection (b)(4)(B), the school corporation in
which the facility is located shall include the student in its ADM for
the school year.
(e) A school corporation that includes a student described in
subsection (b) in its ADM for the school year in which the student
receives educational services provided by the facility shall pay to
the facility an amount, prorated according to the number of
instructional days for which the student receives the educational
services, equal to:
(1) the student's proportionate share (as compared to the school corporation's total ADM) of basic tuition support (as determined under IC 20-43-6-3(b)) distributions that are made to the school corporation for the school year; and
(2) any special education grants received by the school corporation for the student under IC 20-43-7.
Upon request of a facility, the department shall verify the amounts described in this subsection for a student admitted to the facility.
(f) A school corporation responsible for making a per diem payment under this section shall pay the facility not later than sixty (60) days after receiving an invoice from the facility. The facility is entitled to the same remedies for nonpayment of an amount due under this section as are provided under the laws governing failure to pay transfer tuition.
(g) A student admitted to a facility as provided in this section must receive the following minimum educational services:
(1) An educational opportunity comparable to that of a student attending a school operated by the school corporation that includes the student in the school corporation's ADM for the school year.
(2) A level of educational services from the facility that is comparable to the level of educational services received by a student who physically attends school in a school operated by the school corporation that includes the student in the school corporation's ADM for the school year.
(3) Unless otherwise provided in a student's individualized education program (as defined in IC 20-18-2-9), educational services must include at least the following:
(A) An instructional day that meets the requirements of IC 20-30-2-2.
(B) A school year with at least one hundred eighty (180) student instructional days as provided under IC 20-30-2-3.
(C) Educationally appropriate textbooks and other materials.
(D) Educational services provided by licensed teachers.
(h) A school corporation that includes a student described in subsection (b) in its ADM for the school year in which the student receives educational services provided by the facility is responsible for implementing or causing to be implemented any individualized education program that is required. However, the school corporation may coordinate with the facility to ensure that all necessary services are provided to the student under the
individualized education program while the student is admitted in
the facility. This section is intended to ensure that a student's
individual education program is administered and that payment
for educational services related to the individualized education
program is provided to the facility. This section does not create any
obligation on the school corporation to provide payment for costs
related to the student's residential stay and treatment in the
facility.
(i) This section does not limit a student's right to attend a school
as provided in IC 20-26-11-8.
(j) The state board may adopt rules under IC 4-22-2 as
necessary to implement this section.
