2019 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 20 - Finances
Subchapter 1 - General Provisions
§ 6-20-107. Educational Cost Reimbursement Prohibition - Definition
(a) As used in this section, “juvenile” means a person who is eighteen (18) years of age or younger.
(b)
(1) The Division of Elementary and Secondary Education, a public school district, or an open-enrollment public charter school shall not be liable for any educational costs or other related costs associated with the placement of a juvenile in an out-of-state residential or inpatient facility for any care and treatment, including psychiatric treatment, unless:
(A) At the time of placement, the juvenile's physician determines that the out-of-state placement is medically necessary and is the most appropriate placement available;
(B) The division authorizes public payment for educational costs based on a determination that the educational program and facilities are appropriate for the juvenile and the division has approved the facility's educational program;
(C)
(i) Each educational program authorization precedes the placement.
(ii) If the educational program is not authorized before placement, the division, public school districts, or open-enrollment public charter schools shall not be responsible for educational or other related costs, nor shall they be subject to any order to pay for educational or other related costs; and
(D) The out-of-state residential or inpatient facility is located within a state that borders Arkansas.
(2) Payment under this subsection shall be:
(A) Limited to twenty (20) students at any one (1) time during a calendar year unless:
(i) The juvenile under subdivision (b)(1) of this section qualifies as disabled under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and
(ii) Payment is required under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and
(B) Subject to the availability of division funding.
(c) The division, a public school district, or an open-enrollment public charter school shall not be liable for any educational costs or other related costs associated with the placement of a juvenile in an in-state residential or inpatient facility for any care and treatment, including psychiatric treatment, unless:
(1) The division authorizes public payment for educational costs based on a determination that the educational program and facilities are appropriate for the juvenile and the division has approved the facility's educational program; and
(2)
(A) Each educational program authorization precedes the placement.
(B) If the educational program is not authorized before the placement, the division, public school districts, or open-enrollment public charter schools shall not be responsible for education or other related costs, nor shall they be subject to any order to pay for educational or other related costs.
(d) The liability of the division, a public school district, or an open-enrollment public charter school for the educational costs or other related costs described in subsections (b) and (c) of this section shall be limited to the lesser of:
(1) The reimbursement rate established by the division for a juvenile placed in a residential or inpatient facility; or
(2) The normal and customary educational cost reimbursement rate of the state in which a juvenile is placed in an out-of-state residential or inpatient facility as determined by the division.
(e) This section shall not apply to a juvenile placed in an Arkansas juvenile detention facility as defined in § 6-20-104.
(f) Nothing in this section shall be construed to require payment by the division, a public school district, or an open-enrollment public charter school for educational costs and other related costs associated with the placement of a juvenile in an out-of-state residential or inpatient facility for any care or treatment, including psychiatric treatment, before April 7, 2005.
