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FairfaxTownSchool District
Special Education Out-of-District Placement Policy
Warned: December 12, 2003
Adopted: December 22, 2003
Policy
It is the policy of the District to place students with disabilities under IDEA-B in an educational placement outside of the resident district only under the conditions set forth in applicable federal regulations and Vermont State Regulations (Special Education Rule 2368, August 29, 2003).
The District shall be responsible for payment of tuition, room and board, if the IEP meeting participants determine that an appropriate education can only be provided in an educational placement outside of the resident district and the appropriate IEP procedures are followed.
The District shall not be responsible for these expenses if the parents unilaterally make the decision to enroll the student in an educational placement outside of the resident district unless ordered to do so by a court.
Procedures
The following steps shall be followed in determining placements:
- Before a referral to or placement in an independent school occurs, the student’s IEP meeting participants must convene and determine that an appropriate education in a school placement outside the resident district is the least restrictive environment and that said school is an approved school.
- If the student is accepted into the recommended school, the IEP meeting participants of the local school district will invite a representative of the recommended school to attend its meeting to develop the IEP. If a representative of the school cannot attend, the District will ensure participation by the recommended school through individual or conference calls.
- After the student enters the recommended school, any meetings to review or revise the child’s IEP may be initiated or conducted by the recommended school at the discretion of the public agency. The public agency shall receive prior written notice of the scheduled IEP meetings. If the recommended school initiates and conducts these meetings, the local school district shall ensure that the parents and a local school representative have the opportunity to be involved in any decision about the child’s program. The recommended school must agree to provide all the procedural safeguards afforded under federal and state special education requirements in cooperation with the Local Education Agency (LEA).
- If the IEP meeting participants determine that placement in the recommended school is no longer appropriate, the following steps shall be taken:
· The District shall appoint an Evaluation and Planning Team to develop an evaluation plan aimed at determining the student’s current needs.
· Upon completion of the evaluation report and development of new IEP goals and objectives, the IEP team must discuss all viable options brought to their attention.
· If the student continues to be eligible for special education, then the IEP team must develop a new IEP with a different placement. If the Evaluation and Planning Team determines that the student is no longer eligible for special education services, parents shall receive written notification of the proposed change in eligibility status/placement and their due process rights.
· If the parents disagree with the placement or eligibility decision, they may request an independent evaluation and/or a due process hearing and the child will remain in the previously recommended school placement until the parents agree, or the hearing officer rules differently.
District’s Responsibilities
The student is afforded all the rights and procedural safeguards accorded children with disabilities and their parents as prescribed by state and federal statute.
- If the school outside the resident district initiates and conducts any meetings to review or revise the IEP, the local school district shall ensure that the parents and an agency representative:
a. Are involved in any decision about the child’s IEP, and
b. Agree to any proposed changes in the program before those changes are implemented.
- The district is responsible for monitoring the student’s program at the school outside the resident district to ensure a free appropriate public education, including the development of evaluation plans, written evaluation reports, IEPs and progress reports.
Funding
The District will be responsible for payment of tuition (which includesall related services), transportation, room and board if the IEP Team determines that an appropriate education can only be provided in a school outside the resident district and the appropriate IEP procedures are followed.
The District will only be responsible for the payment of evaluations (initial and/or comprehensive re-evaluations) conducted by the school outside the resident district with the prior approval of an authorized school district representative.
The District will not be responsible for these expenses if the parents unilaterally make the decision to place the student, unless ordered to do so by a court.
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