Franczek P.C.: Dana Fattore Crumley & Kendra Yoch
NEVER HAVE I EVER - WHEN IS RESIDENTIAL PLACEMENT REQUIRED?
Our question this month is from a special education administrator who writes “My district has never placed a student in a residential setting. When is residential placement required?”
Under the IDEA, residential placement is driven by FAPE—a residential placement is required when a student needs 24/7 support to receive a free appropriate public education. In practice, residential placements and requests for them are more typical in high school districts and among students with low-incidence disabilities.
The three cases below illustrate some frequently encountered conditions that lead to a discussion of residential placement:
· Henry is an eighth-grade special education student with an eligibility category of autism. He is non-verbal and struggles with behavior. He is currently placed in a therapeutic day program, where his behavioral incidents are escalating to the point that he must be attended by two aides at all times; even with this support, he cannot attend to instruction. At home, he struggles with sleep and requires constant observation to prevent elopement and other dangerous behaviors.
· Billy is a junior special education student with an eligibility category of SLD. Billy receives resource services and social work. He has had good attendance throughout his high school career up until recently when he was benched by the football coach due to insubordinate conduct at practice. Billy is now refusing to attend school and according to the parent report, will not stop playing video games or leave the basement of his home.
· Sally is a sophomore general education student. She has earned average to above-average grades throughout her public school experience, and her standardized test scores range from the 70th-90th percentile. It’s just the first month of the school year, though, and Sally has been hospitalized three times for suicidal ideation. Parents have reported that Sally’s physician is recommending long-term psychiatric care.
Do any of these students need a residential placement?
Unfortunately, the correct answer for each case is your attorney’s favorite response -- “it depends.” Like all placement determinations, the balance between FAPE and LRE is of primary importance in the IEP team’s process. And the placement determination can’t be made in isolation of other critical parts of a student’s IEP--behavioral intervention plans, educational accommodations, related services, and parent training/support.
Here are some key questions teams should be considering when residential placement is on the table:
· Is the student making meaningful progress toward IEP goals in the current setting? For Henry, the answer is no. His behavior at school and at home has become a barrier to his educational progress. While the team could consider additional supports such as an updated FBA/BIP, if Henry does not show improvement, residential placement is likely necessary.
· Are there other accommodations/services supports that would help the student meet their goals? Billy’s team should consider whether additional supports in his current setting would provide the assistance needed to reengage with school and make progress. These interventions must be documented and the efficacy of the interventions should be monitored. If school attendance continues to be an issue, Billy’s IEP team should be prepared to reconvene and consider additional supports, including changes in placement.
· Do we have sufficient information about the student to provide them with programming that meets their needs and complies with the District’s obligations under IDEA and Section 504? Sally has not been eligible for special education in the past, and her academic progress is solid. Her pattern of hospitalizations, however, raises a child find issue, and Sally should be referred for a case study evaluation, even if she is placed in the hospital through her parents’ medical insurance. While educational progress does impact eligibility, teams should not rely solely upon this factor to refuse a case study evaluation or deny services for students with significant mental health needs.
Finally, a thought for the administrators who have “never” placed a student residentially: while in most cases a student’s needs will be addressed with less restrictive interventions, avoiding any mention of residential placement during an IEP meeting for a student with acute needs is not a viable option, as it does not comply with the requirements of the IDEA. Teams must consider all placements under the continuum to meet a student’s individual needs.
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SEAPAC UPDATE
Over the last few years, the Special Education Association Political Action Committee (SEAPAC) has been struggling with membership and funding. In order for the work of SEAPAC to continue, it is imperative that we attain high membership each and every school year.
You may ask, "What does SEAPAC do for me?" Well, if you recall, we have had some pretty unreasonable bills that have been discussed in our legislative chambers. Our dollars support the work of our lobbyist, Shannon Bellini, to help legislators understand our perspectives and the impact of legislation on schools. SEAPAC plays an important role in educating, providing access, and representing the organization with members of the General Assembly. Our main purpose is to raise awareness for IAASE and the impact proposed legislation has on special education. By raising and distributing funds, you are helping to advocate for the political goals of the members of IAASE.
IAASE is an organization of over 1100 members. Think of the impact we could make if every one of our members becomes a SEAPAC member!
To make becoming a member easier, we have subscribed to Givebutter. Givebutter does charge a 3.6% processing fee, so if you would like to pay by check, please route them to Melissa Taylor at 100 Paddock Road Belleville IL 62223. If you are comfortable using Givebutter, just use the camera on your phone to open the QR below!
The cost is $20 annually but you are welcome to give more! Additionally, SEAPAC would be honored to accept any voluntary private contributions including funds that regions would normally donate for the conference raffle baskets.
IAASE is well-respected by our legislators and they have come to view the organization as the voice of special education. By supporting SEAPAC, the efforts of IAASE can be continued.
If you have any questions about SEAPAC, please reach out to Lea Anne Frost at lfrost@d64.org
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