§ 2958 - Residential placement review team; residential placements
§ 2958. Residential placement review team; residential placements
(a) A school district shall notify the parents and the commissioner when it believes residential placement is a possible option for inclusion in a child's individualized education plan.
(b) The commissioner may establish from within the department a residential placement review team. At the discretion of the commissioner, other persons not employed by the department may be appointed to serve on the residential placement review team. The team shall make every effort to assist school districts and parents in understanding the range of educational options available as early as possible in the planning process for the child. The team shall:
(1) advise school districts on alternatives to residential placement;
(2) review each individualized education plan calling for residential placement of a student to consider whether the student can be educated in a less restrictive environment;
(3) assist school districts in locating cost effective and appropriate residential facilities where necessary;
(4) request a new individualized education plan where it believes that appropriate alternatives to residential placement are available; and
(5) offer mediation as a means of resolving disputes relating to the need for residential placement or the particular residential facility recommended for a child with a disability.
(c) The state board of education shall by rule establish policies and procedures for the operations of the residential placement review team. The rules shall be consistent with federal law and, at minimum, shall include the following:
(1) provision for the commissioner to initiate a due process proceeding to challenge the need for residential placement where the team believes that a less restrictive educational placement is both available and appropriate for the child with a disability, and to reimburse the school district and the parents or guardian of the child for reasonable costs and attorney fees in the event the commissioner does not prevail;
(2) provision for technical assistance, plan for correction or withholding of funds under this section where a school district places a child in a residential facility more expensive than an available and appropriate alternative residential facility, however, such withholding of funds shall not exceed the difference between the cost of the two facilities and the rule shall provide an opportunity for appeal of the withholding; and
(3) procedures and timelines to ensure that residential placement of children with disabilities is not delayed or disrupted so as to adversely affect the children.
(d) Whenever a residential placement is determined to be necessary and appropriate for a child with a disability, the individualized education plan team shall include in the child's plan goals and objectives designed to reintegrate the child into a local school district.
(e) Costs for residential placement shall be reimbursed under subchapter 2 of this chapter only if the residential facility is approved by the state board of education for the purposes of providing special education and related services to children with disabilities. (Added 1989, No. 107, § 5; amended 1995, No. 157 (Adj. Sess.), § 22.)