15-1183. Placement; voucher application requirements

A. A voucher may not be issued pursuant to this article and a residential special education placement may not be made in a private residential placement facility unless the requirements of section 15-765, subsection G have been met.

B. If a state placing agency places a child in a private residential facility for care, safety or treatment reasons, the state placing agency is responsible for requesting an initial residential education voucher and notifying the home school district of the placement. The home school district is responsible for completing screening or other identification procedures for determining if the child is a child with a disability as defined in section 15-761 and for reviewing the placement of a child with a disability to determine whether a residential special education placement is necessary. Responsibility for monitoring the educational services during the time a child is placed in the residential facility and for planning for transition from the private residential facility to a public school remains with the home school district.

C. An initial residential education voucher may be extended for good cause, as determined by the director of the division of special education, on application by the home school district. If an extension is denied or a home district fails to complete the requirements for a continuing residential education voucher, the home school district is responsible for payment of educational costs until the requirements of subsection B of this section have been met.

D. In order to receive a continuing residential education voucher, an evaluation pursuant to section 15-766 must be conducted and the following must occur:

1. The home school district shall provide prior written notice to the parent indicating that the child is or is not eligible for special education and shall submit to the department of education a copy of the prior written notice, the evaluation from which the eligibility decision is made and, if the child is eligible for special education but does not require residential special education placement, a copy of the individualized education program indicating the special education to be provided while the child is placed in the residential facility. If the child requires a residential special education placement, section 15-765, subsection G applies.

2. On receipt from the home school district of the documentation specified in paragraph 1, the department of education shall convert the initial residential education voucher to a continuing residential education voucher that is valid for no longer than the remainder of the school year during which it is issued.