KRS § 605.110 — KY Code / Title LI / Chapter 605 / Section 605.110
605.110 Smoking cessation services, medical care, and educational programs for committed children -- Kentucky Educational Collaborative for State Agency Children -- Personnel -- Financing
Status: in_force

605.110 Smoking cessation services, medical care, and educational programs for

committed children -- Kentucky Educational Collaborative for State Agency

Children -- Personnel -- Financing.

(1) (a) Any child committed to or in the custody of the cabinet or the Department of

Juvenile Justice who is not placed in a location where smoking cessation

services are provided may participate in smoking cessation services offered by

local health departments or their contracted agents at no cost.

(b) Unless provided otherwise, when any child committed to or in the custody of

the Department of Juvenile Justice or the cabinet requires medical or surgical

care or treatment, the Department of Juvenile Justice or the cabinet may

provide the same or arrange for the furnishing thereof by other public or

private agencies, and may give consent to the medical or surgical treatment.

For this purpose, the services and facilities of local health officers and

departments shall be made available, at a cost not to exceed the Medicaid

reimbursement rate, to the Department of Juvenile Justice or the cabinet, and

as far as practicable, any publicly owned hospital shall provide hospitalization

without charge for any such child who is a resident of the political subdivision

by which the hospital is owned or operated. This section does not authorize

nor shall permission be granted for abortion or sterilization.

(2) Any child placed in a foster home by an agency duly authorized in KRS Chapter

620 to place a child in a foster home shall receive a complete medical, visual, and

dental examination by a professional authorized by the Kentucky Revised Statutes

to conduct such examinations. Arrangements for a child placed in a foster home to

receive such examinations shall be made within two (2) weeks of his placement in a

foster home and not less than every twelve (12) months thereafter.

(3) Children maintained in any of the facilities and programs operated or contracted by

the Department of Juvenile Justice or the cabinet shall, so far as possible, receive a

common school education.

(a) The Kentucky Educational Collaborative for State Agency Children shall be

established to serve children in facilities and programs operated or contracted

by the Department of Juvenile Justice or the Cabinet for Health and Family

Services, residential, day treatment, clinical, and group home programs. All

policies and procedures necessary to educate state agency children shall be

approved by the Kentucky Board of Education. All duties, responsibilities,

rights, and privileges specifically imposed on or granted to the local education

administration units shall be imposed on or granted to the Department of

Juvenile Justice or the Cabinet for Health and Family Services and contracted

agencies with regard to educating agency children. Classrooms for the

Kentucky Educational Collaborative for State Agency Children shall be within

or near the facilities and programs operated or contracted by the Department

of Juvenile Justice or the cabinet. The Kentucky Department of Education, the

Department of Juvenile Justice, and the Cabinet for Health and Family

Services, Department for Community Based Services, shall develop a biennial

plan regarding the educational needs and provisions of educational programs,

with emphasis on the coordination of all treatment services and funds

available to provide for the education of state agency children. The biennial

plan shall include strategies to assure that teacher preparation programs

include content related to working with state agency children and that

adequate professional development opportunities for better meeting the needs

of these students are available for teachers and schools.

(b) Teachers and other staff shall be hired on contract through a local school

district or if a local school district is not willing to participate, teachers may be

hired by the Kentucky Educational Collaborative for State Agency Children or

a contract may be entered into with a private provider of educational services.

All certified educational staff hired by the Kentucky Educational

Collaborative for State Agency Children shall be members of the Kentucky

Teachers' Retirement System.

(c) Beginning July 1, 1993, the Kentucky Education Collaborative for State

Agency Children shall be financed through:

1. The amount generated by state agency children under the Support

Education Excellence in Kentucky program as provided in KRS 157.360

for the guaranteed base and adjustments for the number of at-risk

students, exceptional students, and transportation costs;

2. A per-pupil distribution of professional development funds with the

collaborative serving as a consortium for state agency children;

3. A per-pupil distribution of technology funds in accordance with the state

education technology plan pursuant to KRS 156.670 and the formula for

the distribution of funds to local school districts;

4. A per-pupil distribution of textbook funds pursuant to KRS 157.100 and

157.190;

5. The funding for school services for state agency children authorized by

KRS 158.135; and

6. Other grants and entitlements, including federal funds, identified in the

implementation plan developed pursuant to paragraph (f) of this

subsection for the education of Kentucky's children.

(d) The commissioner of Juvenile Justice and the secretary of the Cabinet for

Health and Family Services shall promulgate administrative regulations,

pursuant to KRS Chapter 13A, with the assistance of the Kentucky

Department of Education and upon recommendation of the Kentucky Board of

Education regarding the governance, curriculum, and other topics necessary to

educate state agency children. The regulations shall:

1. Provide for the development and implementation of interagency

agreements that:

a. Define the financial responsibility of each state and local agency

for providing services to state agency children;

b. Establish procedures for resolving interagency disputes among

agencies that are parties to the agreements; and

2. Provide procedures for the implementation of the Kentucky statutes

regarding school-based decision making, student outcomes,

accountability, assessment, rewards and sanctions, technology, staff

development, salaries, and the development of coordinated individual

treatment, education, and transition plans to ensure compliance with

present education and treatment laws and regulations specific to the

needs of children in the programs of the Cabinet for Health and Family

Services.

(e) When the placement of a state agency child is changed so that the state agency

child must transfer from one school or educational facility to a different

school or educational facility, the school or educational facility that the state

agency child is leaving shall, within two (2) days of the state agency child

leaving, prepare an educational passport for the child, which shall be delivered

to the cabinet or the Department of Juvenile Justice. The cabinet or the

Department of Juvenile Justice shall, within two (2) days of enrolling a state

agency child in a new school or educational facility, present the educational

passport to the receiving school or educational facility.

(f) The commissioner of Juvenile Justice and the secretary of the Cabinet for

Health and Family Services and the commissioner of the state Department of

Education shall initiate development of a plan for implementation of the

Kentucky Educational Collaborative for State Agency Children.