ADE Director's Communication Memo Form


Memo Number : LS-06-059

Date Created : 12/07/2005

Attention:

Superintendents
Co-op Directors
other: All Principals
LEA Supervisors
Counselors

Type of Memo: Informational
Response Required: No
   
Section:   Learning Services - Dr. Diana Julian, Assistant Commissioner
Subject:
Act 1763 of 2005...Payment of Educational Cost of Juveniles...Facilities

Regulatory Authority:
Act 1763 (Amending Ark. Code to add 6-20-107)

Contact Person:
George Elliott

Phone Number:
501-682-4223

E-mail:
gelliott@arkedu.k12.ar.us

Act 1763 of 2005 amended Arkansas Code to add Section 6-20-107 for the purpose of addressing concerns about the payment of educational costs for juveniles placed in treatment facilities, both in state and out of state. This statute specifically addresses educational cost reimbursement prohibitions. All requests by school districts for the current school year for reimbursement of expenditures associated with the cost of education provided to students with disabilities placed in treatment facilities will be processed in accordance with the terms of this statute.

Please note the requirements regarding reimbursement for the educational costs of a student with disabilities, as defined by the Individuals with Disabilities Education Act, placed in an out-of-state facility. Reimbursement may be claimed only for students with disabilities in facilities whose special education programs have been reviewed and received written approval from the Special Education Unit of the Arkansas Department of Education. This approval is effective for individual education plan (IEP) students only in such placements. Also, reimbursement through the State Residential Placement program is available only for special education students whose educational program has been coordinated between the out-of-state facility and the home school district.

The Arkansas Department of Education, public school districts or open-enrollment charter schools are not liable for any educational costs or other related costs associated with a non-disabled student placed in an out-of-state facility; therefore, no reimbursement for such students may be claimed.

A copy of the statute is attached. Questions concerning Act 1763 should be directed to George Elliott of the Grants and Data Management Section at gelliott@arkedu.k12.ar.us or LaNelle Mott of the Non-Traditional Programs Section at lmott@arkedu.k12.ar.us .

Attachments:

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