OAR 581-015-2571: Long-Term Care and Treatment (LTCT) Education Program Eligibility and Approval

(1) The Department of Education shall base education program eligibility on the following: (a) An agency may offer several different treatment programs serving different populations. For the purposes of determining eligibility for funding and funding levels for education programs, each program will be considered separately. Temporary shelter programs, which would not otherwise meet the eligibility criteria provided in OAR 581-015-2571(1)(b), are eligible for funding only when attached to an eligible treatment program and the children served are primarily awaiting placement in such programs; (b) To be eligible for an education program, a treatment program must submit an application to the Department’s Long-Term Care and Treatment Program demonstrating that the program meets all of the following criteria: (A) Either: (i) A letter of approval from the Addictions and Mental Health Division certifying that the psychiatric day treatment program or psychiatric residential treatment facility meets standards applicable for intensive children's mental health services under OAR 309-022-0100 through 309-022-0230; or (ii) Documentation that the program provides long-term residential treatment of children placed by a state agency or designee of the state agency; (B) Meet state licensing requirements for a private child-caring agency; (C) Be operated by a nonprofit corporation or a political subdivision of the state; (D) Demonstrate through client admissions, staff hiring practices, and client access to services that it meets requirements for ORS 659.850 relating to the prevention of discrimination; and (E) Demonstrate through curriculum content, teaching practices, and facilities management that the constitutional requirements regarding no religious entanglement are met. (2) The Department of Education (ODE) is responsible for approving the educational program under this rule and shall base approval on the following: (a) The contracting school district must ensure that the education program is operated in compliance with a written agreement with the Department that specifies, at a minimum, the following services to be provided: (A) Each child who is not a child with a disability under OAR 581-015-2130 through 581-015-2180 has a personalized educational plan that includes assessment, goals, services, and timelines; (B) Information pertaining to students and educational programs is provided to the Department in an accurate and timely manner; (C) Children have opportunities to be educated in the least restrictive environment; (D) The education program is developed and implemented in conjunction with the treatment program; and (E) Other requirements as identified by the Department. (b) The Department must ensure that the education program is operated in compliance with a written agreement with the contracting school district. (c) Final determinations concerning the eligibility of treatment programs for education funding are at the discretion of the State Superintendent of Public Instruction. (3) Funding Procedures: Upon receipt of an application for funding for a program under this rule, the Department of Education will: (a) Determine if the treatment program meets the eligibility criteria in this rule within 45 business days; (b) If necessary, request additional funding or a limitation for funding from the State Legislature; and (c) Fund the program according to the formula in OAR 581-015-2572 only when sufficient funds are available for the program under ORS 343.243 and an appropriation from the General Fund as determined by the Department.