Bill Summary for H 831 (2013-2014)

Summary date: 

Jul 23 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 831 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE EDUCATION OF CHILDREN IN PRIVATE PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES.
Intro. by Avila, Johnson, Glazier.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Amends GS 115C-12 to direct the State Board of Education (SBE) to collaborate with the Department of Health and Human Services to ensure that all students in Private Psychiatric Residential Treatment Facilities (PRTFs) are provided the procedural safeguards under Part 1D of Article 9 of GS Chapter 115C, even if the child does not meet the definition of a child with a disability as defined in GS 115C-106.3(1).

Amends GS 122C-23.1(d) todirect theDepartment of Health and Human Services (DHHS)to review a PRTF's license for appropriate action upon receiving written notice from the Department of Public Instruction that a PRTF has not provided or is not providing educational services or that the PRTF is not cooperating with the Department of Public Instruction (DPI) to ensure compliance with state and federal law. Provides that DHHSmay issue sanctions on PRTFs that are not in compliance, including (1) requiring a refund of all state funds disbursed for the provision of educational services for the current fiscal year, (2) barring future funding for the provision of educational services for the current or following year, or (3) suspending or revoking the PRTF's license.

Amends new subsection (g2)of GS122C-55 to allow a mental health facility to disclose identifying information about a client to DPI (was, to DPI and to the local school administrative unit responsible for the client) solely for educational purposes. However, allows DPI to disclose information to a local school administrative unit (LEA) as necessary.

Amends the definition for private psychiatric residential treatment facility in GS 122C-450 defining it as a facility other than a hospital that provides psychiatric and other behavioral services to individuals under the age of 21 in an inpatient setting licensedby DHHS as provided under GS Chapter 122C (was, means a facility, other than a hospital that is not solely funded by the state).

Amendsnew GS122C-450.1 to clarify that the eligibility criteria applies to a child receiving psychiatric and other behavioral health services that the jurisdiction of the Office of Administrative Hearings toresolve disputes arising under Part 1D of Article 9 of GS Chapter 115C includes disputes involving students who do not meet the definition of a child with a disability under GS 115C-106.3(1).

Adds new subsection (c) to GS 122C-450.1 to allow PRTFs and LEAs to enter into a contract that clearly defines the educational and legal responsibilities of both parties. Directs a PRTF thatenters into a contract with an LEA to submit the educational services contract to both DPI and DHHS for inclusion in any requiredreports to the GeneralAssembly. Amends new subsection (d) to requiredevelopment ofamemorandum of agreement or understanding between DPI and DHHSto detail how funds would be transferred from DPI to DHHSfor the provision of educational services in a PRTF.Amends new GS 122C-450.3 to require DHHS to enforce the licensure requirements for PRTFs as providedunder GS 122C-23.1.

Deletes provision that provided for a PRTF with a signed services agreement with an LEA for the 2013-14 and 2014-15 school years to qualify for a funding allocation from DHHS to provide unmet educational service needs not covered in the agreement.

Directs the SBE to adopt emergency rules under GS 150B-21.1A to monitor the delivery of education services in PRTFs (was, asserted that the SBE had the authority to adopt emergency rules). Deletes provisions regarding the effective expiration date of an emergency rule adopted under this section.

Makes additional clarifying changes.

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