Court ordered placements-BOCES reimbursements.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0220

SENATE FILE
NO.
SF0040

Court ordered placements-BOCES
reimbursements
.

Sponsored by:
Senator(s) Anderson, J. and

Representative(s) Hammons

A BILL

for

AN ACT relating to
court ordered placements
;
requiring
programs
for
children with disabilities provided by a board of cooperative educational services
to
bill
r
esident school district
s
for costs
of education programs
as specified
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
‑
13
‑
315(a)
(intro),

(b)
, (c)(i), (ii), by creating a new paragraph (iii),
(f)
and (n)

is amended to read:

21
‑
13
‑
315.

Costs of court ordered placement of children in private residential treatment facilities, group homes, day treatment programs and juvenile detention facilities.

(a)

The department of family services shall establish an account to pay residential and treatment costs excluding educational and medical costs of court ordered placements of children in private residential treatment facilities and group homes located in
Wyoming
. Programs providing education services
including programs for children with disabilities provided by a board of cooperative educational services,

shall bill the department of education directly for educational costs of court ordered placements.
In addition,

Programs for children with disabilities provided by a board of cooperative educational services shall
directly
bill the
school district in which the pupil resides
for educational costs of court ordered placements.
C
osts of all related services for children with disabilities and costs of education assessment for other children incurred as a result of court order prior to any placement, shall be billed directly to the department of education. The department of family services shall promulgate reasonable rules and regulations to provide procedures for implementing subsection (m) of this section. If the court rejects an in
-
state placement recommendation of the predisposition report or multidisciplinary team under W.S. 14
‑
6
‑
227, the court shall enter on the record specific findings of fact relied upon to support its decision to deviate from the recommended disposition. No court shall order an out
-
of
-
state placement unless:

(b)

Except to the extent costs are covered under subsection (n) of this section

and
except
for court ordered placements in programs
provided by a board of cooperative educational services
for children with disabilities
, the department of education using federal or foundation funds, or both, shall pay for the allowable education costs of juvenile and district court ordered placements of children residing in private treatment facilities and group homes where a fee is charged
.
, including court ordered placements in programs for children with disabilities provided by a board of cooperative educational services

A school district shall pay the educational costs of court ordered placements in programs provided by a board of cooperative educational services for children with disabilities only to the extent the costs are not covered under subsection (n) of this section
.

No district shall receive funds, either directly or indirectly, from any facility or home receiving payment under this section for providing education programs and services to children placed and residing in the facility or home, but the district may count the children among its average daily membership. The department of education shall adopt reasonable rules and regulations prescribing standards and allowable costs for educational program services funded under this section

including those costs for services billed directly to school districts
. 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 residential centers, group homes, programs and services provided by boards of cooperative educational services and out of state placement facilities.

(c)

Costs shall be billed monthly by the program provider to:

(i)

The department of family services account for residential and treatment services;

and

(ii)

Except to the extent costs are covered under subsection (n) of this section, the department of education for approved educational services specified under subsection (b) of this section
;
.

and

(iii)

For
a board of cooperative educational services, except to the extent costs are covered under subsection (n) of this section, the school district in which the child with disabilities resides.

(f)

Only group homes and residential treatment facilities certified by the department of family services are eligible to receive funding for residential and treatment services under this section. Costs for education services shall be paid by the department of education
or a school district

under this section only if the educational program of the group home or residential treatment facility or the program provided by the board of cooperative educational services meets the standards of subsection (b) of this section and has been approved by the department. The department of family services and the department of education shall provide the courts with a list of approved facilities and services. The court shall determine the parents' or the guardian's contribution to the court ordered placement for all costs excluding necessary education costs based on the parents' or guardian's ability to pay as provided by W.S
. 14
‑
6
‑
236.

(n)

Prior to billing the department of education under paragraph (c)(ii) of this section
or a school district for a board of cooperative educational services billing for court placements in programs for children with disabilities under paragraph (c)(iii) of this section
,

program providers shall bill the department of health for costs of approved educational services covered under the school health program under the Wyoming Medical Assistance and Services Act pursuant to W.S. 42
‑
4
‑
103(a)(xxx).

Section 2.
This act is effective
July 1, 2009.

(END)

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SF0040