§ 21-13-336 — Education costs of children certified by the department of health for treatment in psychiatric residential treatment facilities

(a) The department of education using federal or public
school foundation program account funds as appropriated by the
legislature, or both, shall pay for the allowable education
costs of children placed in psychiatric residential treatment
facilities where a fee is charged and the department of health
has determined the placement is medically necessary for purposes
of benefit eligibility under W.S. 42-4-103(a)(xvi). This section
shall not apply to children eligible for services under W.S. 21-
13-315. No district shall receive funds, either directly or
indirectly, from any facility receiving payment under this
section for providing educational programs and services to
children placed and residing in the facility. No psychiatric
residential treatment facility shall receive funds for
educational services under this section unless certified by the
department of health for purposes of providing medical services
and approved by the department of education under the
requirements of this section.
(b) Upon placement or admittance of a child in a
psychiatric residential treatment facility, the facility shall
notify the department of education and the student's resident
school district in writing within seventy-two (72) hours of
placement. Within seven (7) days of receiving notice, the
resident school district shall notify the facility of the manner
in which educational services shall be provided to the child.
The district shall either:
(i) Request the facility provide the educational
services to the student;
(ii) Deliver the educational services directly to the
student; or
(iii) Contract with the school district in which the
psychiatric residential treatment facility is located to provide
educational services to the student.
(c) If a psychiatric residential treatment facility does
not receive notification from the school district regarding
educational services for the student as required by subsection
(b) of this section, the facility shall provide educational
services to the student provided the facility has an education
program certified by the department of education pursuant to
department rules and regulations.
(d) A district that provides educational services directly
to the student, or contracts with another district to provide
the educational services, shall continue to count the student
among its ADM. A district shall eliminate students from its ADM
if the psychiatric residential treatment facility provides the
educational services pursuant to this section.
(e) Educational programs provided by psychiatric
residential treatment facilities shall be certified and approved
by the department of education prior to the facility billing the
department for any educational services provided under this
section. A facility providing educational services under this
section shall bill the department of education monthly for
allowable education costs as defined by department rule and
regulation pursuant to W.S. 21-13-315(b).
(f) If at any time the department of health determines the
placement is no longer medically necessary for purposes of
receiving benefits under W.S. 42-4-103(a)(xvi), the department
of education shall discontinue payment for educational services
provided by a psychiatric residential treatment facility.
(g) All psychiatric residential treatment facilities
providing educational services shall comply with the provisions
of the federal Family Education Rights and Privacy Act. Not
later than ten (10) days after release of the student from the
psychiatric residential treatment facility, all educational
records shall be transferred via a secure method to the resident
school district or the district in which the student enrolls
upon release.
(h) A school district or psychiatric residential treatment
facility providing educational services to a student placed in a
treatment facility shall create an individualized learning plan
for the student, which:
(i) Is appropriate for the learning capabilities of
the student and complies with all state and federal education
requirements;
(ii) Monitors and measures the student's progress
towards meeting defined educational benchmarks and accounts for
any applicable assessment requirements;
(iii) Facilitates necessary instructional support for
the student and notifies and assists the student if he is not
performing satisfactorily or failing to achieve performance
benchmarks established within the individualized learning plan;
(iv) Maintains the student's permanent education
records, including his individualized learning plan, equivalent
attendance as specified by the plan, assessment and other
performance evaluation data, immunization and other information
required by the state; and
(v) Verifies the individualized learning plan
complies with and fulfills the state education program
established by W.S. 21-9-101 and 21-9-102 and rules and
regulations of the state board and that the plan otherwise meets
educational program standards.
(j) The department of education shall adopt reasonable
rules and regulations necessary for carrying out its duties
under this section, including prescribing standards for
educational programs of psychiatric residential treatment
facilities and a certification and approval process for
educational programs of facilities. Standards shall be subject
to W.S. 21-9-101 and 21-9-102 and rules and regulations of the
state board and shall be designed to fit the unique populations
of students placed in psychiatric residential treatment
facilities under this section.
(k) For purposes of this section "resident school
district" means the district in which the child's custodial
parent or guardian resides at the time of the child's placement
in the psychiatric residential treatment facility.