(a) Assignment of responsibility.

1. (1) For students with disabilities in state-operated human development centers, the facility is responsible for procedural safeguards and the provision of FAPE.

2. (2)

   1. (A) When a student with a disability is placed for noneducational reasons in a residential treatment facility for treatment, the district where the facility is located is the student’s resident district.
   2. (B) The district shall be responsible for procedural safeguards and the provision of FAPE.
3. (3) When a student with a disability who is a ward of the state is placed in a residential treatment facility, the district where the residential treatment facility is located is responsible for educating the student.
4. (4) When a student with a disability is placed in a residential treatment facility for educational purposes by a school district, the placing district remains responsible for procedural safeguards and the provision of FAPE.
5. (5) When a student with a disability is placed in a residential treatment facility for educational purposes by a parent or agent other than the school district, the parent may petition the district where the student permanently resides (home district, usually that of the student’s parent or guardian) for provision of procedural safeguards and FAPE.

(c) Procedures for educational management.

1. (1) When a student with a disability is placed in a residential facility, the facility must notify the responsible school district (superintendent or designee) within seven (7) calendar days of the student’s admission.
2. (2) Failure of the facility to notify the responsible district in a timely fashion may result in loss of Division of Elementary and Secondary Education approval of the residential treatment facility’s special education program.
3. (3) Procedures for children who transfer from public agencies in the same state as outlined in 6 CAR § 130-803(c), governing IEPs, should be followed.

(d) Assignment of costs.

1. (1)

   1. (A) The division, a public school district, or an open-enrollment charter school shall not be liable for any educational costs or other related costs associated with the placement of a juvenile in an in-state residential or inpatient facility for any care and treatment, including psychiatric treatment, unless:

(i) The division authorizes public payment for educational costs based on a determination that the educational program and facilities are appropriate for the juvenile and the division has approved the facility's education program; and

1. (ii) Each program authorization precedes the placement.

   1. (B) If the program is not authorized prior to the placement, the division, public school districts, or open-enrollment charter schools shall not be responsible for education or other related costs, nor shall they be subject to any order to pay for educational or other related costs.
2. (2) The liability of the division for the educational costs or other related costs for a student placed by a parent or agent other than the school district shall be limited to the reimbursement rate established by the division for a juvenile placed in a residential or inpatient facility.

3. (3)

   1. (A) For identified students with disabilities, those costs defined as being educational in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., will be borne by the district responsible for provision of procedural safeguards and FAPE.
   2. (B) For students in state-operated human development centers, the facility assumes those costs.

4. (4) All other costs will be borne by either:

   1. (A) The Department of Human Services;
   2. (B) Medicaid;
   3. (C) Private insurance;
   4. (D) The parent; or
   5. (E) Any combination thereof.

(e) Funding.

1. (1) A school district may request reimbursement for the educational costs of students with disabilities who have been placed in approved residential treatment facilities, as defined by the Special Education Unit of the Division of Elementary and Secondary Education.
2. (2) When the requests for reimbursement exceed the amount of funds available, the reimbursement will be prorated.

(f) Extended school year services (ESY).

1. (1) Not all students with disabilities receiving educational services in residential placement will be eligible for or in need of ESY services.
2. (2) Determination of student eligibility for ESY services is made by the resident school district based on the rules governing ESY in 6 CAR § 130-1901 et seq.