505 KAR 1:080. Kentucky Educational Collaborative for State Agency Children

Link to law: http://www.lrc.ky.gov/kar/505/001/080.htm
Published: 2015

      505 KAR 1:080. Kentucky

Educational Collaborative for State Agency Children.

 

      RELATES TO: KRS 158.135,

158.137, 605.110

      STATUTORY AUTHORITY: KRS

158.135, 605.110

      NECESSITY, FUNCTION, AND

CONFORMITY: KRS 605.110(3) requires that children maintained in a facility or

program operated or contracted by the Cabinets for Families and Children,

Justice, or Health Services shall, so far as possible, receive a common school

education. KRS 605.110(3)(d) requires the department to promulgate

administrative regulations governing the education of state agency children.

This administrative regulation establishes requirements governing the Kentucky

Educational Collaborative for State Agency Children.

 

      Section 1. Definitions.

(1) "Average daily membership" means the average number of state

agency children on the KECSAC designated child count days.

      (2)

"Department" means the Department of Juvenile Justice.

      (3) "Educational

administrative staff" means a principal, assistant principal, supervisor,

coordinator, director, pupil personnel worker or guidance counselor employed or

contracted by the Kentucky Educational Collaborative for State Agency Children

to provide education services.

      (4) "Extended school

calendar" means 230 school days, of which at least 210 shall be instructional

days and the remainder shall be determined by the local school district, as

required in KRS 158.070. It is recommended that three (3) of the

noninstructional days be used for professional development designed for state

agency children teachers.

      (5) "Individual

education program" or "IEP" means the instructional program

required for state agency children identified as having educational

disabilities as governed by 707 KAR 1:210.

      (6) "Individual plan

of instruction" or "IPI" means the instructional plan required

for state agency children not identified as having educational disabilities.

      (7) "Individual

treatment plan" or "ITP" means a social and behavioral

intervention plan, including the plan for educational instruction, that is

developed for each state agency child being served by a treatment institution

or facility.

      (8) "KDE" means

the Kentucky Department of Education.

      (9) "KECSAC"

means Kentucky Educational Collaborative for State Agency Children.

      (10) "Local school

district" means the school district where a state agency child is provided

educational services.

      (11) "On-site state

agency school program" means a school program operated on the campus of a

residential facility or day treatment program.

      (12) "Private child

care agency" means a private, not state operated, program which provides

care or treatment for children on a per child contractual or financed basis.

      (13) "Program

director" means the administrator at a state operated or contracted

institution or day treatment facility or administrator of a private child care

agency that is responsible for the safety and security of youth and staff and

the operation of the treatment facility.

      (14) "Rated

capacity" means the capacity of the program as determined by the Cabinets

for Families and Children or Health Services or the Justice Cabinet.

      (15) "School"

means the site where the educational program for state agency children is

provided.

      (16) "School

administrator" means the lead teacher, principal, or lead educator

designated by the local district or by KECSAC to be responsible for the

operation of the daily education program, and may be the program director of a

facility, if the program director has appropriate educational certification.

      (17) "State

agencies" means the Justice Cabinet, the Cabinet for Families and Children

(CFC), and the Cabinet for Health Services.

      (18) "State agency

children" or "SAC" is defined in KRS 158.135(1)(a).

      (19) "State agency

children’s fund" means appropriations to support KRS 158.135 previously

known as out-of-district funds.

      (20) "Teacher

preparation" means those courses provided by a public or private college

or university which lead to teacher certification.

      (21) "Therapeutic

foster care state agency child" means a youth in therapeutic foster care

as defined by KRS 158.135(1)(c).

      (22)

"Treatment" means the total array of services utilized to produce a

positive change in a child served by the treatment facility.

 

      Section 2. Governance.

(1) An interagency advisory group for KECSAC, composed of representatives of

the state agencies, KDE, the State Agency Children School Administrators’

Association and a superintendent from a school district that provides education

to SAC, shall provide recommendations for policy and procedure development. The

interagency advisory group shall meet, at a minimum, biannually.

      (2) Contracting

procedures.

      (a) The department shall

contract with a university training resource center for the establishment of

KECSAC. KECSAC shall be responsible for the oversight or administration of

state and federal education funding and the provision of educational services

to state agency children. KECSAC shall be financed by the state agency

children’s fund. KECSAC shall have knowledge and experience in the following:

      1. Appropriate statutes

and administrative regulations related to Kentucky’s system of schools;

      2. State and federal

statutes pertaining to youth with educational disabilities, e.g. Individuals

with Disabilities Education Act, 20 USC 1400 to 1491o, and Section 504 of the

Rehabilitation Act, 29 USC 794;

      3. Kentucky Unified

Juvenile Code, enacted as KRS Chapters 600 through 645, and the operation of

agency programs for juvenile offenders, status offenders and dependent

children; and

      4. Research regarding the

education of at-risk, incarcerated and difficult to motivate youth.

      (b) KECSAC shall plan

programs and state agency children’s fund budgets cooperatively with the state

agencies, KDE and local school districts providing programs to state agency

children. Local school districts shall be notified of projected funding levels

by KECSAC by December 1, for the following school year.

      (c) The KECSAC annual

applications to the department shall constitute the biennial plan. The

applications shall contain educational goals and objectives for the biennium

for which funding is requested. The goals and objectives shall be consistent

with appropriate statutes and administrative regulations related to the system

of common schools and the mandates of the Individuals with Disabilities Education

Act. The educational goals and objectives shall be compatible with and

complementary to the treatment goals for state agency children. The application

shall also include strategies for enhancing teacher preparation and

professional development for teachers in local districts serving SAC.

      (d) KECSAC, with the

cooperation of the state agencies and KDE, shall develop written procedures for

the operation of the state-wide education system for state agency children.

      (3) Staffing.

      (a) Teachers and other

educational staff shall be employed or contracted by a local school district.

      1. If the local school

district is not able or willing to provide the educational personnel for the

state agency children’s treatment facility for the extended school calendar of

this administrative regulation, KECSAC shall:

      a. Be notified in writing

no later than January 1 prior to the start of the next school year of the

school district’s intent not to provide an extended school calendar; and

      b.(i) Contract with

another school district for educational staff; or

      (ii) Contract or employ

teachers or educational administrative staff.

      2. When filling a teacher

or an educational administrative staff vacancy in a state-operated or

contracted facility, the local school district or KECSAC shall provide the

state agency program director an opportunity to interview prospective new

teachers or educational administrative staff for the on-site state agency

school program. The state agency program director shall provide the local

school district with interview results regarding the applicant’s suitability

for teaching in the on-site state agency school program.

      (b) Educational

administrative staff and teachers employed or contracted by KECSAC to provide

educational services for the extended school calendar shall meet Kentucky

education certification requirements and shall be evaluated. KECSAC shall

evaluate all KECSAC staff employed by the contracted university.

      (c) Educational staff

employed by a school district shall be evaluated in accordance with local

school district policy.

      (d) Each on-site state

agency school program shall designate a school administrator.

      (e) Education staff

employed or contracted by KECSAC to provide educational services for the

extended school calendar shall be compensated at rates at least commensurate

with public school employees with comparable qualifications, experience and

assignments in the school district where the treatment facility is located.

      (f) On-site state agency

school programs shall have sufficient teachers available with appropriate

certification to serve youth identified with educational disabilities as

specified in 707 KAR 1:230.

      (g) Other specific

services identified in an IEP by the admission and release committee as needed

for a youth with educational disabilities may be accessed by KECSAC contracting

for appropriate extended school calendar services. KECSAC shall comply with the

administrative regulations relating to youth with disabilities as provided in

707 KAR Chapter 1. The extended school calendar may be modified if the SAC in

therapeutic foster care are included in the school district’s extended school

program as approved by KECSAC.

      (4) Policy application.

Interagency agreements, including program goals and objectives, shall be

developed between each local school district and treatment provider regarding

their mutual responsibility for education and care of state agency children.

This agreement shall be reviewed annually. If a conflict arises between the

local agencies regarding the development or fulfillment of the interagency agreement

by either party, it shall be resolved by KECSAC.

      (5) Student eligibility.

If a specific activity (e.g., football or debate) is not provided to youth in a

state or private contracted agency program, the youth shall not lose

eligibility to participate based on the requirements in 702 KAR 7:070.

Eligibility shall be figured on a month-to-month basis (e.g., nine (9) months

in a state agency facility without a formal football program shall leave nine

(9) months of eligibility in a local school district). The eligibility period

shall not exceed one (1) additional year. Other eligibility criteria shall be

met by the youth.

 

      Section 3. Finance. (1)

The amount of funds generated by state agency children under the Support

Education Excellence in Kentucky (SEEK) Program as specified in KRS 157.360 for

the guaranteed SEEK base and adjustments shall be sent to the school district

providing education for state agency children to be used pursuant to Memoranda

of Agreement (MOA) negotiated with KECSAC.

      (2) Distribution of state

agency children’s funds shall be as follows:

      (a) State agency

children’s funds shall be used to fund the Memorandum of Agreement with KECSAC.

      (b) State agency

children’s funds may be used for educational services which benefit state

agency programs in a collective manner.

      (c) State agency

children’s funds may be used as matching funds if the match shall increase the

amount of funds available to educate state agency children.

      (d) After the items in

paragraphs (a), (b), and (c) of this subsection have been funded, the remainder

of the state agency children’s fund appropriation shall be divided by the total

number of state agency children to be educated. The resulting per pupil amount

shall be allocated for each state agency child.

      (3) KECSAC shall be

considered the same as a school district for the generation, application,

distribution and accountability of state and federal funds, other than SEEK,

available to educate on-site state agency school children.

      (4) An annual memorandum

of agreement shall be negotiated between KECSAC and each school district

providing education to state agency children. The MOA shall be signed and

returned to KECSAC within ninety (90) days of issuance. KECSAC may decrease funding

by quarterly increments for noncompliance with the submission deadline.

Attachments shall include the state approved budget format. All funds expended

for SAC shall be included in the annual school audit. An itemized budget shall

be part of the MOA. State agency children’s fund distribution shall be based

upon SAC average daily membership (ADM) or rated capacity.

      (a) Noncompliance with

the MOA provisions may result in decreasing SACF allocation as determined by

KECSAC. The withholding of funds shall be temporary provided that the school

district becomes compliant by the end of the fiscal year.

      (b) For a new or expanded

program, the state agency children's fund shall be allocated based on the rated

or licensed capacity if opened during the first three (3) quarters of the

fiscal year. A program opened or expanded during the last quarter of the fiscal

year shall receive funding based on the rated or licensed capacity for the

initial fifteen (15) months of operation. A new or expanded program may be funded

at a lower per-pupil amount based on availability of state agency children’s

funds.

      (5)(a) Each biennium,

KECSAC, in consultation with the state agencies and KDE, shall submit a

biennial budget plan benchmarked to the projected SEEK increase and projected

set-aside to reimburse district’s for excess cost.

      (b) The state agency

children’s fund, as specified in KRS 158.135, shall be cost reimbursed to

school districts biannually from KDE upon approval by KECSAC and the

appropriate state agency.

      (c) KECSAC shall develop

a procedure by October 1, 1999, for school district’s reimbursement of expenses

exceeding twenty (20) percent of total amount received from state and federal

sources to serve a state agency child.

      (6) As part of the MOA

with each local school district, KECSAC shall ensure the development of a plan

for professional development of certified staff. A teacher or administrator new

to a SAC on-site program shall attend Professional Development for New

Educators. It is recommended that a SAC school program commit three (3) days of

the extended school calendar for teacher participation in the KECSAC approved

professional development events designed for SAC teachers. These three (3) days

shall be in addition to the Professional Development for New Educators. The

school district shall maintain an annual record of professional development for

all school district employees in SAC on-site programs.

      (7) A school district

shall ensure that the SAC access all eligible federal and state funding (such

as KETS Funding and Title I).

      (8) An on-site SAC

program shall have access to textbooks, instructional materials, technology,

and equipment comparable to that available in the local school district.

      (9) KECSAC shall obtain

information from the Kentucky Department of Education and the Workforce

Development Cabinet regarding all discretionary and entitlement state, federal

and miscellaneous funding opportunities available to local school districts and

file applications or reports necessary to procure and use funds for the

education of state agency children.

      (10) If a state agency

plans to open or contract for a new program or to expand an existing SAC

program during a biennium, the state agency shall notify KDE and KECSAC by

April 1 of the first year of the biennium regarding the projected number of

youth to be educated in the new or expanded program.

      (11) If youth age sixteen

(16) through twenty (20) years enter with or receive a GED while attending a

state agency program, that youth shall continue in the state agency program for

further academic and vocational training and continue to generate SEEK funds.

State agency children funds may be used to:

      (a) Support a GED

preparation program; or

      (b) Educate GED and high

school graduates.

      (12) The state agencies,

the Kentucky Department of Education, the Cabinet for Workforce Development and

other appropriate agencies shall develop and review annually an interagency

agreement defining services and financial responsibilities of each state and

local agency providing educational services for state agency children. The

agreement shall include procedures for resolving interagency disputes.

      (13) If a dispute

arises between KECSAC and a local school district that cannot be resolved by

the parties, the dispute shall be submitted, for resolution, to the interagency

advisory group by written request of either party. The request shall identify

in detail the issue in dispute. The interagency advisory group shall schedule a

meeting with the parties, during which each party shall explain its position.

The interagency advisory group shall render a written report and recommendation

to the commissioner of the department responsible for the program in dispute

within fifteen (15) days of the meeting. The commissioner shall render a written

decision resolving the dispute within fifteen (15) days of receiving the

recommendation from the interagency advisory group.

 

      Section 4. Operations.

(1) School options for state agency children with an IEP shall be planned, if

not restricted by treatment needs, using the least restrictive environment

based on specific child needs. Additional days beyond the school year shall

take place either at the local public school or on the state agency program

site. If the state agency child is not restricted to the treatment site for

security purposes, the continuum from least restrictive to most restrictive

alternatives shall be as follows:

      (a) A program for state

agency children may send all of its children to be educated in the local public

school where children in the local public school district are assigned or where

their IEP indicates placement.

      (b) A program for state

agency children may send some of its children to be educated in the local

public school as in paragraph (a) of this subsection and have on-site state

agency school option for other children.

      (c) A program for state

agency children may have an on-site state agency school for all children due to

reasons necessary for the conditions of placement in the state agency program.

      (2) Assessments.

      (a) The local school

district shall complete an informal academic assessment of the educational

needs of all SAC, and vocational needs of SAC aged fourteen (14) and up or in

eighth grade and above, within the first thirty (30) days after admission to

on-site programs. Educational goals and objectives shall be consistent with

goals specified in each youth’s individual treatment plan.

      (b) If the youth is

suspected to have an educational disability as governed by 707 KAR 1:180 and

707 KAR 1:190, assessments shall be administered, following required due

process procedures.

      (3) In a school district

providing educational services, local school district staff shall coordinate

the completion of the required individual education program pursuant to 707 KAR

1:180 and 707 KAR 1:190.

      (4) Instructional

services.

      (a) The teacher pupil

ratio for on-site state agency school programs serving state agency children

shall average, based on annual average daily attendance, no more than ten (10)

students to one (1) teacher without a classroom aide and fifteen (15) students

to one (1) teacher with a classroom aide. A classroom that exclusively serves

students with the educational disabilities shall comply with teacher pupil

ratios as specified in 707 KAR 1:230, Section 5.

      (b) By the 30th school

day after admission to a school program, an individual plan of instruction

shall be developed by the school district for state agency children not

identified with a disability. The individual plan of instruction shall be

developed in coordination with the ITP. If a youth is determined to have an

educational disability, the IEP requirements as governed by 707 KAR Chapter 1

shall suffice. The IPI shall be in a standardized format, as determined by the

KECSAC Interagency Advisory Group.

      (c) An educational

passport shall be prepared as required by KRS 158.137 and 605.110(3)(e).

      (d) A state agency child

reading at two (2) or more years below the appropriate grade level, as measured

by an educational assessment tool, shall be provided developmental reading,

listening and writing instruction.

      (5) Accountability.

      (a) The assessments and

portfolios of state agency children shall be governed by 703 KAR 5:070.

      (b) An accountability

system shall be designed by KECSAC for state agency children school programs.

The memorandum of agreement which shall include quality of educational services

shall be monitored, at a minimum, in conjunction with KDE’s IDEA monitoring

cycle. Noncompliance with the MOA may result in reduction, elimination, or

recoupment of the district’s reimbursement from the state agency children's

fund as determined by KECSAC.

      (c) If required by the

state agency, the SAC school programs shall be in compliance with accreditation

standards of the respective professional accrediting association of that state

agency.

      (6) Transition.

      (a) KECSAC shall ensure

that transition procedures for SAC moving from the state agency education

program to the next instructional or vocational setting are being implemented.

Educational staff at an on-site program shall participate in the transition

process.

      (b) The transition

planning to a postschool setting shall comply with the transition plan and

service requirements of the Individuals with Disabilities Education Act (IDEA),

enacted as 20 USC 1400 to 1491o, and 707 KAR 1:220 for students with

educational disabilities.

      (c) KECSAC shall design

and implement a system of educational data collection and information

dissemination in order to improve the quality of educational delivery for SAC.

      (d) The last school or

school district a state agency youth attends prior to placement in a state

agency program shall be responsible for forwarding the educational records to

the state agency program within five (5) school days of receipt of the request.

      (e) The school administrator

shall ensure that the educational records of state agency children are

forwarded to the receiving school within five (5) school days following the

release of the youth from the treatment facility. (25 Ky.R. 2985; Am. 26 Ky.R.

604; eff. 10-11-99.)
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