These portions are what I believe sets this Bill apart from past laws:
(2) (a) "Boarding school" means a private school that:
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (2)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection (27)(a); or
(B) provides the treatment or services described in Subsection (27)(a) on a limited basis,
as described in Subsection (2)(b)(ii).
(ii) For purposes of Subsection (2)(a)(iv)(B), a private school provides the treatment or
services described in Subsection (27)(a) on a limited basis if:
(A) the treatment or services described in Subsection (27)(a) are provided only as an
incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection (27)(a); or
(II) have a primary purpose of providing the services described in Subsection (27)(a).
SUBSECTION 27(a) says:
(27) (a) "Residential treatment" means a 24-hour group living environment for
four or more individuals unrelated to the owner or provider that offers room or board and
specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school; or
(ii) foster home.
(29) (a) "Secure treatment" means 24-hour specialized residential treatment or care
for persons whose current functioning is such that they cannot live independently or in a less
restrictive environment.
(b) "Secure treatment" differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures that are imposed on
residents with neither their consent nor control.
(32) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
THERE ARE FINALLY SOME DEFINITIONS TO DIFFERENTIATE WHAT A PROGRAM REALLY IS!!!
No longer can it be claimed that a program is a "boarding school" when the program TARGETS parents who have "troubled teens". These are some of the best definitons I believe I've ever seen. (And notice, that there aren't any religious exemptions: If a program targets so-called "troubled teens" it is required to be licensed.)
Maybe there is hope, after all.
