The school district in which a residential treatment facility is located shall, for any student who is a resident of such school district and who receives all of their educational services while being treated in such facility, remit to the facility a sum equal to 95% of the per-pupil local and state funding received by the district that is attributable to the student, as well as any other funds that are available for such student from the Department of Elementary and Secondary Education. For any resident student who receives a portion, but not all, of their educational services while being treated at such facility, the school district shall remit an amount that is proportionate to the amount of time the student received educational services at the facility, as well as any other funds that are available for such student from the Department of Elementary and Secondary Education.

For any student who is receiving treatment from a residential care facility but is not domiciled in the school district in which the facility is located, such student's school district of domicile shall remit to the residential care facility a sum equal to 95% of the proportionate share of the local and state funding received by the district of domicile that is attributable to such student, as well as any other funds that are available for such student from the Department of Elementary and Secondary Education, provided that the student receives all of their required educational services from the residential care facility. For any student who is not domiciled in the school district in which the facility is located and receives less than all of their educational services at the facility, the district of domicile shall remit a sum equal to 95% of the per-pupil state and local funding received by the district that is attributable to the time such student received educational services at the facility, as well as any other funds that are available for such student from the Department of Elementary and Secondary Education.

For purposes of calculating state aid payments, a nonresident student shall continue to be included in the enrollment of the school district in which the student resided prior to being admitted to a residential care facility.

A residential care facility and a school district may mutually agree to a financial arrangement that deviates from the provisions of this act.

The act adds students who have been admitted to a psychiatric residential treatment facility under a physician's order due to a diagnosed mental illness to the list of students who have the right to receive educational services in their district of residence. When a student's school district of residence, other than the district of domicile, provides educational services while the student temporarily resides in a psychiatric residential treatment facility for more than three days, the district of domicile shall remit to the district of residence an amount equal to the average per-pupil sum produced by the local tax effort of the district of domicile. In cases where the Department of Mental Health or the Department of Social Services places a student in a psychiatric residential treatment facility, the student's district of residence may receive from the Department of Elementary and Secondary Education an amount equal to the sum by which the per-pupil costs of educational services provided to the student exceeds the amount received from the domiciliary district, subject to appropriation.

This act is similar to SB 422 (2023), SB 603 (2023), and to provisions in HCS/SS/SB 198 (2023), in HCS/SS/SCS/SBs 411 & 230 (2023), in SS/HB 447 (2023), and in HB 716 (2023).

OLIVIA SHANNON