(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.