View Amendment Current Amendment: 5 to Bill 5001 Rep. BINGHAM proposes the following Amendment No. 5 to H.5001 as introduced by Ways & Means
(Doc Name h:\legwork\house\amend\h-wm\008\residential treatment facilities.docx):

EXPLANATION: Address the concern that school districts with students being placed by the state in facilities located outside the boundary of the state are not receiving the same per-weighted pupil amount as other districts receive for their RTF students.

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 269, paragraph 1.42, after line 15, by inserting:
/RTF facilities on the State Qualified Provider List not located within the boundaries of the state shall be reimbursed at a rate that may not exceed $45 per student per day for education services and school districts shall be eligible to receive a base student cost weighted funding of 2.10 provided that the student remains enrolled in the school district. Facilities providing the educational services shall notify the resident district in writing within forty-five calendar days that a student from the resident district is receiving educational services pursuant to the provisions of the proviso. Reimbursements shall be paid within sixty days of billing, provided the qualified facility has provided a copy of the invoice to both the District Superintendent and the finance office of the resident district being invoiced. Should the facility be unable to reach agreement with the resident school district regarding reasonable costs differences, the provider shall notify the Department of Education's Office of General Counsel. The Department of Education shall facilitate a resolution of the dispute between the facility and the resident school district within forty-five days of the notice of dispute. If the issue of reasonable cost differences should remain unresolved, a facility shall have the right to file a complaint in a Circuit Court. Additionally, qualified RTF providers' general education curriculum must be aligned to the South Carolina academic standards in the core content areas. All students with disabilities who are eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA), as amended, and the State Board of Education (SBE) regulations, as amended, shall receive special education and related services in the least restrictive environment by appropriately certified personnel. Students in a qualified RTF will at all times be eligible to receive the educational credits (e.g., Carnegie Units) earned through their educational efforts. The resident school district and the RTF should develop a memorandum of understanding to outline the responsibilities of the RTF in providing the educational services and responsibilities, if any, of the resident school district while the student is housed in the RFT. /

Renumber sections to conform.
Amend totals and titles to conform.