KRS § 158.135 — KY Code / Title XIII / Chapter 158 / Section 158.135
158.135 Reimbursement for school services for state agency children in state institution or day treatment center or in custody of Department of Juvenile Justice
Status: in_force

158.135 Reimbursement for school services for state agency children in state

institution or day treatment center or in custody of Department of Juvenile

Justice.

(1) As used in this section, unless the context otherwise requires:

(a) "State agency children" means:

1. a. Those children of school age committed to or in custody of the

Cabinet for Health and Family Services and placed, or financed by

the cabinet, in a Cabinet for Health and Family Services operated

or contracted institution, treatment center, facility, including those

for therapeutic foster care and excluding those for nontherapeutic

foster care; or

b. Those children placed or financed by the Cabinet for Health and

Family Services in a private facility pursuant to child care

agreements including those for therapeutic foster care and

excluding those for nontherapeutic foster care;

2. Those children of school age in home and community-based services

provided as an alternative to intermediate care facility services for the

intellectually disabled;

3. Those children committed to or in custody of the Department of Juvenile

Justice and placed in a department operated or contracted facility or

program; and

4. Those children referred by a family accountability, intervention, and

response team as described in KRS 605.035 and admitted to a

Department of Juvenile Justice operated or contracted day treatment

program;

(b) "Current costs and expenses" means all expenditures, other than for capital

outlay and debt service, which are in excess of the amount generated by state

agency children under the Support Education Excellence in Kentucky funding

formula pursuant to KRS 157.360. These expenditures are necessary to

provide a two hundred thirty (230) day school year, smaller teacher pupil

ratio, related services if identified on an individual educational plan, and more

intensive educational programming; and

(c) "Therapeutic foster care" means a remedial care program for troubled children

and youth that is in the least restrictive environment where the foster parent is

trained to implement planned, remedial supervision and care leading to

positive changes in the child's behavior. Children served in this placement

have serious emotional problems and meet one (1) or more of the following

criteria:

1. Imminent release from a treatment facility;

2. Aggressive or destructive behavior;

3. At risk of being placed in more restrictive settings, including

institutionalization; or

4. Numerous placement failures.

(2) (a) Unless otherwise provided by the General Assembly in a budget bill, any

county or independent school district that provides elementary or secondary

school services to state agency children shall be reimbursed through a contract

with the Kentucky Educational Collaborative for State Agency Children. The

school services furnished to state agency children shall be equal to those

furnished to other school children of the district.

(b) The Department of Education shall, to the extent possible within existing

appropriations, set aside an amount of the state agency children funds

designated by the General Assembly in the biennial budget to reimburse a

school district for its expenditures exceeding twenty percent (20%) of the total

amount received from state and federal sources to serve a state agency child.

(3) The General Assembly shall, if possible, increase funding for the education

programs for state agency children by a percentage increase equal to that provided

in the biennial budget for the base funding level for each pupil in the program to

support education excellence in Kentucky under KRS 157.360 and, if applicable, by

an amount necessary to address increases in the number of state agency children

being served.

(4) The Kentucky Educational Collaborative for State Agency Children shall make to

the chief state school officer the reports required concerning school services for

state agency children, and shall file with the Cabinet for Health and Family Services

unit operating or regulating the institution or day treatment center, or contracting for

services, in which the children are located a copy of the annual report made to the

chief state school officer.

(5) The Department of Juvenile Justice shall contract with a public university or

nonprofit education entity utilizing all funds generated by the children in state

agency programs, except Oakwood and Hazelwood funds, and the funds in the

Kentucky Department of Education budget, pursuant to this section, as well as any

other educational funds for which all Kentucky children are entitled. The total of

these funds shall be utilized to provide educational services through the Kentucky

Educational Collaborative for State Agency Children established in KRS 605.110.

(6) Notwithstanding the provisions of any other statute, the Kentucky Educational

Collaborative for State Agency Children shall operate a two hundred thirty (230)

day school program.