Any student can be deemed eligible for day treatment if the following criteria are met:

1. (1) Admission criteria (must meet either subdivisions (1)(A), (B), (D), and (E) or subdivisions (1)(A), (C), (D), and (E) of this section).

   1. (A) Student presents psychological symptomatology consistent with DSM-IV-R (Axis 1-2) diagnosis and that requires, and is likely to respond to, therapeutic intervention.
   2. (B) Treatment at a less restrictive level of care has been attempted within the last three (3) months and failed, despite student’s active participation in treatment and optimal involvement by family or primary custodian.
   3. (C) Behavior has stabilized as a result of treatment in a more restrictive level of care, but current level of stability continues to require qualitative level of programming to maintain progress.
   4. (D) Student has been identified as eligible to receive services under any Individuals with Disabilities Act, 20 U.S.C. § 1400 et seq., disability category or Section 504 of the Rehabilitation Act of 1973.
   5. (E) Risk to self, others, or property may be present, but can be adequately managed within the design of the school-based day treatment program.

   6. (F)

      1. (i) Not currently meeting basic expectations of school relative to attendance and academic and behavioral functioning.
      2. (ii) Less restrictive placement options within the school system do not meet the client’s needs at current time;

2. (2) Medical/educational/social/family (must meet all).

   1. (A) Client is medically stable but may require occasional medical observation and care.

   2. (B)

      1. (i) Client demonstrates impaired educational functioning arising from a psychiatric disorder or exacerbation of a chronic psychiatric condition requiring active treatment to resume an adequate level of functioning.
      2. (ii) Prior efforts to remediate have failed despite optimal family participation.
   3. (C) Less restrictive educational setting in the public schools will not meet client's needs at this time.

   4. (D)

      1. (i) Client demonstrates significantly impaired interpersonal functioning arising from a psychiatric condition that requires active treatment to resume an adequate level of interpersonal/family functioning.
      2. (ii) Prior efforts to remediate the condition have failed, despite full family participation; and

3. (3) Exclusionary criteria.

   1. (A) A primary diagnosis of substance abuse or developmental disability does not, in and of itself, qualify a student to participate in a school-based day treatment program.
   2. (B) However, this is not to exclude a student who has a dual diagnosis of substance abuse or developmental delay and otherwise meets the eligibility criteria.

Codification Notes: The Rehabilitation Act of 1973 is codified at 29 U.S.C. § 701 et seq.