1. (a) Purpose. It is the purpose of this part to set out the general guidelines for the inclusion of a limited number of children who, while not found to be eligible in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., definition, have been otherwise diagnosed as having an emotional disturbance and are in need of a school-based day treatment program.

2. (b) Definitions. As used in this section:

   1. (1) “Day treatment program” means a cooperative program that includes the provision of both education and mental health services for each participating child in a coordinated, therapeutic manner;
   2. (2) “DSM-IV-R” means the Diagnostic and Statistical Manual of Mental Disorder IV-Revised;

   3. (3) “Mental health professional” means a person whose credentials allow them to diagnose and/or treat individuals with mental health needs and who may be:

      1. (A) Employed by:

3. (i) A mental health facility (public or private);

   1. (ii) A public school; or

      1. (iii) An educational service agency cooperative; or
      2. (B) Engaged in private practice;

   2. (4) “Properly diagnosed” means the child has been determined to have an emotional disturbance on the basis of a DSM-IV-R classification by professionals qualified to make such a diagnosis, which includes:

      1. (A) Psychiatrist (licensed in the State of Arkansas and having completed an accepted residency in psychiatry);
      2. (B) Psychologist (licensed in the State of Arkansas);
      3. (C) Psychological examiner (licensed in the State of Arkansas);
      4. (D) Master of social work (licensed in the State of Arkansas);
      5. (E) Licensed professional counselor (licensed in the State of Arkansas);
      6. (F) Registered nurse (licensed in the State of Arkansas) with one (1) year supervised experience in a mental health setting;
      7. (G) Physician (licensed in the State of Arkansas); and
      8. (H) Persons in a related profession (licensed in the State of Arkansas and practicing within the bounds permitted by their licensing authority) with at least a master’s degree and appropriate experience in a mental health setting, including documented, supervised training and experience in diagnosis and therapy of a broad range of mental disorders; and

   3. (5) “School-based services” means services located on a school campus in an age-appropriate general education school building.

      1. (c) Child eligibility.

   4. (1)

      1. (A) Children who are not eligible in accordance with Individuals with Disabilities Education Act eligibility criteria, but who are eligible for inclusion in the school-based day treatment program funded with special education funds includes those children diagnosed as having emotional disturbance under recognized criteria (such as the DSM-IV-R).

      2. (B) These children may have a diagnosis such as:

         1. (i) Adjustment disorders;
         2. (ii) Disorders of impulse control;
         3. (iii) Conduct disorders;
         4. (iv) Suicidal;
         5. (v) Substance abuse; and/or
         6. (vi) Affective disorders.

      3. (C)

         1. (i) Such children may exhibit characteristics of:
4. (a) (a) Juvenile delinquency;

5. (b) (b) Truancy; and

   1. (c) (c) Runaway behavior.

      1. (ii) However, juvenile delinquency, truancy, and runaway behaviors alone do not qualify a child for this program.

   2. (2) The child's need for the day treatment program must be determined by a team comprising, at a minimum, the following:

      1. (A) Mental health professional;
      2. (B) Teacher in the day treatment program;
      3. (C) Principal;
      4. (D) Parent; and
      5. (E) Other persons knowledgeable about the day treatment program and/or the child, as appropriate.
   3. (3) The child’s needs must be compatible with the services offered.

   4. (4) When the placement of a child who is not eligible under the Individuals with Disabilities Education Act is foreseen or determined to be disruptive to the delivery of services to children who are eligible under the Individuals with Disabilities Education Act, then the child who is not eligible under the Individuals with Disabilities Education Act must be removed and served elsewhere.

      1. (d) District eligibility for inclusion of nondisabled children in school-based day treatment.

   5. (1)

      1. (A) The school district must have in place a school-based day treatment program that has been approved as such by the Special Education Unit of the Division of Elementary and Secondary Education.
      2. (B) If such approval is not in place, see 6 CAR § 130-1706(d)(2).

   6. (2) If the district is anticipating the opening of a school-based day treatment program, then, prior to the issuance of approval as a day treatment program by the Special Education Unit, the district must demonstrate that it has:

      1. (A) Participated in a planning process including mental health professionals;
      2. (B) Conducted staff development for both the staff of the school-based day treatment program and staff in the regular education program in the building, to include bus drivers and cafeteria personnel; and
      3. (C) Developed a written agreement with mental health professionals, if they are not employees of the school district or ESA, as to their participation in the program.

   7. (3)

      1. (A) At least one-third (1/3) of the total teacher–pupil caseload must be children who:

         1. (i) Are eligible under the Individuals with Disabilities Education Act; and
         2. (ii) Need a school-based day treatment program.
      2. (B) If the teacher–pupil caseload is 1:6, then at least two (2) children must be eligible under the Individuals with Disabilities Education Act.
      3. (C) If the teacher–pupil caseload is 1:8 with three (3) additional staff (including mental health professionals), then at least three (3) children must be eligible under the Individuals with Disabilities Education Act.

   8. (4)

      1. (A) The school district must submit a letter to the Administrator for Monitoring and Program Effectiveness in the Special Education Unit requesting approval for the inclusion of nondisabled children in the school-based day treatment program.

      2. (B) The letter must include the:

         1. (i) Number of children not eligible under the Individuals with Disabilities Education Act;
         2. (ii) Number of children eligible under the Individuals with Disabilities Education Act; and
         3. (iii) Number and type of personnel in the program.
   9. (5) The administrator will provide the district with written notice as to whether the request is approved or disapproved.

6. (e) Funding.

   1. (1)

      1. (A) This provision is intended to allow the expenditure of federal special education funds for children who are not eligible under the Individuals with Disabilities Education Act, but who:

         1. (i) Have been otherwise properly diagnosed with emotional disturbance; and
         2. (ii) Need a school-based day treatment program.
      2. (B) No additional funds accompany this provision.
   2. (2) Children who are not eligible under the Individuals with Disabilities Education Act are to be counted in the district’s regular average daily membership report.
   3. (3) Children who are not eligible under the Individuals with Disabilities Education Act shall not be counted on the district’s December 1 child count for funds under Part B of the Individuals with Disabilities Education Act.
7. (f) Program guidelines. The Division of Elementary and Secondary Education Guidelines for School-Based Day Treatment Programs are located at 6 CAR § 132-801 et seq., the companion document to this part, and are to be followed in implementing school-based day treatment programs.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.