Education, Dept. of

General Agency, Board or Commission Rules

Chapter 3: Foundation Pymts to State Youth Institution for Special Ed Programs

Effective Date: 11/10/1994 to 11/02/2001

Rule Type: Repealed Rules & Regulations

Reference Number: 206.0002.3.11101994

CHAPTER 3

RULES AND REGULATIONS REGARDING FOUNDATION PAYMENTS TO STATE YOUTH INSTITUTIONS FOR SPECIAL EDUCATION PROGRAMS

Section 1. Purpose. The purpose of these rules is to ensure that payments are available to State Youth Institutions that:

1. (a) serve children with disabilities according to the rules established by the Wyoming Department of Education governing services for children with disabilities
2. (b) submit monthly billing for such services consistent with regulations established by Wyoming Department of Education.

Section 2. Authority. These rules are promulgated pursuant to W.S. 21-13-317(b) and are adopted by the Wyoming Department of Education authorized by the Wyoming Administrative and Procedures Act, W.S. 16-3-101 through 16-3-115.

Section 3. Applicability. These rules pertain to providing payments from the school foundation program for the special education costs of school-age children with disabilities served in State Youth Institutions, according to Chapter 7 Wyoming Rules and Regulations Governing Services for Children with Disabilities.

Section 4. Promulgation, Amendment, or Repeal of Rules. Any amendment of these rules shall become effective as provided by the Wyoming Administrative and Procedures Act.(W.S.16-3-101 through 16-3-115)

Section 5. Definitions.

(a) Allowable special education costs. Eighty-Five percent(85%)of special education expenditures in the current school year for children with disabilities served in State Youth Institutions that provide on-grounds special education programs.

(b) Individual Education Program (IEP). A written statement for a child with a disability that is developed and implemented in accordance with IDEA 311.341-300.350 and Wyoming Rules and Regulations Governing Services for Children with Disabilities.

(c) Related Services. Services required for a child with a disability to benefit from special education as determined by each student IEP, defined in federal regulations and Wyoming special education rules and regulations.

(d) School-age children with disabilities. Children aged 6 through 21, who meet special education eligibility criteria as defined in federal regulations and Wyoming special education rules and regulations.

(e) State Youth Institutions. Residential state youth institutions with on-grounds special education programs include the Wyoming Boys' School, Wyoming Girls' School, Wyoming Youth Treatment Center and Wyoming State Hospital.

Section 6. General Requirements for Programs. To qualify for reimbursement by the Wyoming Department of Education for education costs of school-age children with disabilities served in State Youth Institution education programs, the institution shall:

1. (a) provide appropriate IEP services as determined by the IEP team.
2. (b) submit to Wyoming Department of Education, IEP documentation and request for pre-authorization of actual costs of services.
3. (c) adhere to rules and regulations of Institutional and Private Facility Accreditation standards.
4. (d) comply with the provisions of applicable federal laws and applicable state laws and rules and regulations;
5. (e) employ teacher(s) who are properly certified and endorsed by the Professional Teaching Standards Board;
6. (f) provide for equal access for children with disabilities as required by applicable federal and state laws and related rules and regulations.
7. (g) ensure that each child is provided with the transportation necessary to access the special education program and services;
8. (h) guarantee equal opportunities to all special education programs regardless of the students race, sex, religious preference or disability.

Section 7. Education Program Management. State Youth Institutions shall participate in reporting systems that include the following:

1. (a) Submission of a specified data report established by Wyoming Department of Education.
2. (b) Yearly submission to Wyoming Department of Education, of instructional schedule, including number of instructional hours per day and curriculum choices for children with disabilities.
3. (c) Submission of reports required by Chapter 26 Institutional and Private Facility School Accreditation Rules.

Section 8. Fiscal Management and Payment of Special Education Costs. State Youth Institutions shall:

1. (a) be reimbursed for eighty-five percent (85%) of Wyoming Department of Education@s pre-authorized costs of educational diagnostics, educational evaluation and provision of special education services for children with disabilities served in State Youth Institutions as determined by IEP team

recommendations and governed by special education rules and regulations.

(b) be reimbursed for eighty-five percent (85%) of the cost of Wyoming Department of Education’s pre-authorized special education staff, which meets Professional Teaching Standards Board certification and endorsement requirements.

(c) be reimbursed for eighty-five (85%) of related service costs based upon documentation of IEP requirements and prior approval of school districts of residence and Wyoming Department of Education authorization.

(d) not be reimbursed for those services that are part of the standard treatment package provided by State Youth Institutions and Department of Family Services.

(e) be eligible for payment for the special education cost for school-aged children with disabilities placed in the State Youth Institution under the provisions of W.S. 21-13-317(b), including the specific cost of special education and special education related service(s) costs. Only those costs pre-authorized by Wyoming Department of Education shall be paid from public funds.

(f) bill Wyoming Department of Education for incurred special education program costs for each school-aged child placed in the State Youth Institutions under the provisions of W.S. 2113-317(b). Billing shall be monthly and submitted on a form prescribed by the Wyoming Department of Education.

(g) not duplicate any funds received under this section or any other category of funding available to the State Youth Institution for that purpose nor duplicate any funding otherwise available to the school district of residence.

(h) allow fiscal reviews and make records available to verify the accuracy of bills submitted for payment and ensure there are no payments of public funds made for costs not authorized by these rules.

Section 9. Verification.

(a) Annual Reports. Each year State Youth Institutions shall provide verification of compliance with these rules and regulations as outlined in Section 7, fiscal documentation and other reports required by Wyoming Department of Education.

(b) Monitoring Visits. State Youth Institutions shall participate in on-site monitoring visits of their special education programs by Wyoming Department of Education.

(c) Accreditation Procedures. State Youth Institutions will be monitored by Wyoming Department of Education to ensure compliance with accreditation standards.