Wyo. Code R. 206-0002-14
General Agency, Board or Commission Rules
Chapter 14: Approval of Ed Prog of Public/Private Inst. Receiving State Funds
Effective Date: 12/05/2006 to UNKNOWN
Rule Type: Superceded Rules & Regulations
Reference Number: 206.0002.14.12052006
Section 1. Authority. These rules and regulations are promulgated pursuant to the Wyoming Education Code of 1969 (as amended), W.S. 21-13-315 (as amended) and W.S. 21-2-304.
Section 2. Applicability. These rules and regulations pertain to the educational program approval of all private residential treatment facilities and Boards of Cooperative Educational Services (BOCES) which receive state payments, for education costs of children placed by the courts in these facilities.
Section 3. Promulgation, Amendment, or Repeal of Rules. Any amendments to these rules shall become effective as provided by the Wyoming Administrative Procedure Act (W.S. 16-3-101 through W.S. 16-3-115).
(a) Allowable Education Costs are those for educational services provided directly to the court placed child as part of an organized educational curriculum designed to achieve specific identifiable, measurable educational objectives. Those services are to be provided by appropriately certified staff in an educational setting during regularly scheduled hours.
(b) Approved Program means an education program that meets the standards established by the Wyoming State Board of Education and the Wyoming Department of Education.
(c) Board of Cooperative Educational Services (BOCES) means institutions established and operated pursuant to W.S. 21-20-104 through 21-20-109 providing educational services for exceptional children.
(d) Child means a school-aged child (see o).
(e) Children with Disabilities refers to children with one or more of the following disabilities as defined by federal regulations:
(i) Autistic disability, deaf-blind disability, developmental disability, emotional disability, health disability, hearing disability, learning disability, mental disability, orthopedic disability, speech/language disability, 14-traumatic brain injury, or visual disability; or other disability defined by federal regulations.
(ii) Who, by reason thereof need special education and related services.
(f) Compliance means demonstrated effort to adhere to the intent of applicable education program standards.
(g) Court means the district court.
(h) Education Program means the course of study and other educational opportunities provided to children in care.
(i) External Education Program means an educational program operated by a local public school that provide equal access to children of private residential treatment facilities, group homes, or BOCES.
(j) External Educational Service means the services provided by a public school or private agency apart from private residential treatment facilities or BOCES.
(k) Individualized Education Program means a written plan for a disabled child that has been developed by a school district in accordance with federal and state laws and related rules and regulations and that provides necessary special education and related services within an approved program.
(l) On-Grounds Education Program means an education program operated by a private residential treatment facility or BOCES.
(m) Private Residential Treatment Facility means any nonpublic facility licensed or approved to provide residential care for children under appropriate state law.
(n) School District of Residence means the public school district designated as the child@s school district of residence by the court as provided for in W.S. 21-13-315(h).
(o) School Aged means a child between the ages of six (6) and twenty-one (21) as prescribed in W.S. 21-4-301.
(p) Structures means buildings in which an education program is provided.
(q) Related Services means transportation and developmental, corrective or supportive services (such as orientation and mobility evaluation and training for a blind child, note taking for a deaf child, language interpreting for a deaf child) as are required to assist a child with a disability to benefit from special education, and include, but are not limited to:
(ii) Audiology, speech/language services;
(iii) Counseling and/or psychological services;
(iv) Occupational and/or physical therapy services;
(v) Parent counseling and training services; (vi) Rehabilitation counseling services; (vii) School health services; (viii) Social work services; (ix) Transition services; (x) Transportation.
Section 5. General Requirements for In-State Programs. To qualify for payment or reimbursement by the Wyoming Department of Education for educational costs of school aged children, private residential treatment facilities and BOCES which provide education programs shall:
(a) maintain a written statement that identifies the types of educational services provided and the characteristics of the children to be served by the education program of the facility.
(b) maintain accurate records about each child in the education program, including the following:
(i) A case record about each child to include: date of admission, source of referral, order of the court as provided for under W.S. 21-13-315 (as amended), date of discharge should the child leave, documentation of the current custody and legal guardianship and child@s birthdate.
(ii) Record of the child@s actual attendance at the educational program;
(iii) Reports relating to a child@s education program;
(iv) For children with disabilities, all records necessary to comply with the provisions of P.L. 101-476 (as amended) and applicable state laws and rules and regulations.
(c) employ a teacher or teachers who are properly certified and endorsed by the Professional Teaching Standards Board.
(d) ensure that all structures used for the purposes of the educational program meet all state and local requirements for health and safety.
(e) provide for equal access for disabled children as required by applicable federal and state laws and related rules and regulations.
(f) ensure that each child in care is provided with the transportation necessary to access the education program provided that child.
(g) guarantee equal opportunities to all education programs regardless of the students race, sex, religious preference or disability.
Section 6. In-State Education Program Requirements. To qualify for payment or reimbursements by the Wyoming Department of Education for educational costs of school-aged children in care, private residential treatment facilities and BOCES shall ensure that every school-aged child attends either an external or an on-grounds education program which includes the following, as set forth by the Wyoming State Board of Education:
Common Core of Knowledge. All public school students shall meet the student performance standards at the level set by the school and district in the following areas of knowledge: Language Arts, Social Studies, Mathematics, Science, Fine Arts and Performing Arts, Physical Education, Health and Safety, Humanities, Career Options, Foreign Cultures including Language, and Applied Technology.
Common Core of Skills. All public school students shall meet student performance standards at the level set by the school and district in the following skills: Problem Solving, Interpersonal Communications, Keyboarding and Computer Applications, Critical Thinking, Creativity, and Life Skills, including Cardiopulmonary Resuscitation (CPR) Training.
(a) External Education Programs shall, prior to placement:
(i) determine through collaboration with the child@s school district of residence the appropriateness of the placement.
(ii) ensure that external educational service or program providers are licensed or accredited by a national, regional or state licensing or accrediting authority.
(iii) establish a detailed written contract with an external educational service or program provider of a child in the service or program. The contract shall outline the obligation(s) of the external service or program provider relative to the needs of the child in care.
(b) On-Grounds Education Program. Prior to placement of a child in an on-grounds education program, private residential treatment facilities or BOCES shall determine through collaboration with the child@s school district of residence the appropriateness of the placement.
(c) Provisions for Children with Disabilities. Private residential treatment facilities and BOCES shall comply with the provisions of P.L. 101-476 (as amended) and applicable state laws and rules and regulations.
(d) Education Program Management. Private residential treatment facilities and BOCES which have an on-grounds education program shall maintain a current written description of that program including the following:
(i) Pupil population, including ages and any identified disabilities;
(ii) Daily instructional schedule and number of instructional hours per day and number of instructional days per year.
(a) Private residential treatment facilities and BOCES shall:
(i) be eligible for payment for the education cost for each school aged child placed in the facility under the provisions of W.S. 21-13-315, W.S. 21-13-309(e) (as amended), and/or W.S. 25-5-110(c) including the specific cost of education and education related service(s) costs. Only those costs authorized by the Department shall be paid from public funds.
(ii) meet the minimum standards for an approved program and hold an approved status to be eligible for payment.
(iii) annually provide the Wyoming Department of Education a written schedule of fees charged for the education program provided each child including the identification of the fee for each education related service the child receives.
(iv) bill the Wyoming Department of Education for education program costs for each school-aged child placed in the facility under the provisions of W.S. 21-13-315 (as amended). Billing shall be monthly and submitted on a prescribed form which shall include verification of costs.
(b) A public school providing education programs and services to children residing in private residential treatment centers, group homes and BOCES may count the children among its average daily membership.
(c) The Wyoming Department of Education may establish audit procedures to verify the accuracy of bills submitted for payment and to ensure there are no payments of public funds made for costs not authorized by these rules.
(a) Annual Reports. Each year approved private residential treatment facilities and BOCES shall provide verification of compliance with these rules and regulations to the Wyoming Department of Education.
(b) Monitoring Visits. Approved private residential treatment facilities and BOCES shall be available for an annual on-site verification visit of its education program by the
Section 9. Out-of-State Education Program Approval. Since W.S. 21-13-315 (as amended) requires the Wyoming Department of Education to approve the education program of out-of-state facilities prior to the payment for education costs, those facilities shall:
(a) be licensed or accredited as a private residential treatment facility by the appropriate state authority.
(b) meet the health and fire regulations for purposes of occupancy in that state.
(c) comply with the provisions of P.L. 101-476 (as amended) and the state rules and regulations governing education programs for the disabled in that state.
(d) guarantee equal opportunities to all education programs for children in care placed in the facility under W.S. 21-13-315 (as amended) regardless of the child@s race, sex, religious preference or disability.
(e) provide an education program approved by that state@s Department of Education.
(f) annually provide the Wyoming Department of Education a written report detailing the following information:
(i) Policies and procedures related to the admission of children;
(ii) Pupil population, including ages and disabilities of children placed in the facility under the provisions of W.S. 21-13-315 (as amended);
(iii) The needs, problems, situations or patterns best addressed by the facility@s education program;
(iv) Criteria for discharge from the facility;
(v) Criteria for denial of admission to the facility;
(vi) A description of the education program offered including a daily instructional schedule, the number of instructional hours per day, and the number of instructional days per year;
(vii) A statement of the facility@s policies and procedures for providing an education program to children with disabilities in need of special education;
(viii) A written schedule of fees charged for the education program provided each child including the identification of the fee for each related service the child receives.
(g) hold an approved status by the Wyoming Department of Education to be eligible for payment.
(h) submit a monthly billing statement to the Wyoming Department of Education an a prescribed form. The statement shall identify the education program cost for each school-aged child placed in the facility under the provisions of W.S. 21-13315 (as amended). Only those costs authorized by these rules shall be paid from public funds.
(i) Allow a representative of the Wyoming Department of Education to visit the out-of-state facility in order to verify the approved status of that facility and to verify information submitted for review.
(a) Request for Review. Any private residential treatment facility or BOCES may request the Wyoming Department of Education review and analyze its educational program for approval at any time but not to exceed one (1) review per year.
(b) Finding of Fact. The Wyoming Department of Education must review, and document, findings of fact and make recommendations to the State Board of Education concerning the compliance by private residential treatment facilities or BOCES with these rules and regulations.
(c) Conclusions by the Board. The Wyoming Department of Education shall draw conclusions based on fact and classify private residential treatment facilities or BOCES subject to these rules and regulations into of the following categories:
(i) Approved. Indicates the education program is in substantial compliance with these rules and regulations.
(ii) Non-Approved. Indicates that specific aspect(s) of the education program is/are not in compliance with these rules and regulations.
(d) Final Reports. The final report of the Wyoming Department of Education shall be made available to:
(i) The private residential treatment facility or BOCES at issue.
(ii) Judges involved in the placement process.
(iii) The Wyoming Department of Family Services.
(iv) Other appropriate agencies as determined by Wyoming Department of Education.
PUBLIC AND PRIVATE INSTITUTIONS RECEIVING STATE FUNDS
| Section No. | Subject | No. | Page |
|---|---|---|---|
| 1 | Authority | 14- | |
| 2 | Applicability | 14-1 | |
| 3 | Promulgation, Amendment, or Repeal of Rules | 14-1 | |
| 4 | Definitions | 14-1 | |
| 5 | General Requirements | 14-3 | |
| 6 | Education Program Requirements | 14-4 | |
| 7 | Fiscal Management and Payment of Educational Costs | 14-6 | |
| 8 | Verification | 14-7 | |
| 9 | Out-of-State Education Program Approval | 14-7 | |
| 10 | Evaluation Status | 14-9 |