In June, ISBE issued a new document, Residential Placements: Guidance and Frequently Asked Questions. The Guidance, done in Q&A format, addresses a myriad of issues relating to residential placements, with a focus on payment and student residency issues.
The Guidance covers residential placements of students not currently eligible for special education as well as for those who are, questions specific to students in DCFS Youth in Care, students who are homeless, students placed in residential facilities by courts or other state agencies, and, most significantly, students placed in non-ISBE approved residential facilities. Regarding the latter topic, it covers issues regarding residential placements made by ISBE hearing officers and offer specific requirements governing ISBE reimbursement.
The Guidance notes that for non-ISBE approved residential placements, districts should utilize their own negotiated contracts. ISBE also warns districts about residential facilities adding additional fees and charges not covered by the standard ISBE contract it utilizes for state-approved residential facilities.
School districts are facing growing claims by parents for placement in residential care facilities both in and out of Illinois. Such claims can occur during the IEP process or through parent unilateral placements. Given the cost implications, school administrators responsible for business affairs, residency, and special education should carefully review the Guidance.
The Guidance is also a welcome reminder of the complexity of student residency, which is particularly significant at the start of a school year.
Please contact any of our Student/Special Education group attorneys to discuss the issues covered by the Guidance.
