Differences between Residential Facility Placements for Educational and Medical Reasons

         School districts are generally more familiar with legal requirements and procedures that apply when a doctor or court places a child in a residential facility for medical purposes than when an IEP team places a child in a residential facility for educational purposes. While both placement types focus on addressing the needs of children, their legal requirements vary significantly regarding the overseeing authorities, procedural structures, and the responsibilities of public entities.

Medical Placement by a Doctor/Juvenile Court

        Medical placements emphasize licensing, medical care plans, and judicial oversight for mental health cases. The child's placement must be based on a medical care plan that addresses the child’s medical, psychological, social, behavioral, and developmental needs, reflecting the necessity for inpatient care. See Iowa Code 135H.1 and 135H.14. 

        When a child is placed in a residential facility for medical purposes, the responsibility for finding the residential facility lies primarily with the Iowa Department of Health and Human Services (“HHS”) or the juvenile court, depending on the circumstances of the case.

       Educational Placement by an IEP Team

        Educational placements emphasize compliance with state education standards and collaboration between school districts and AEAs. When an IEP team places a child in a residential facility for education reasons, the placement must comply with specific statutory requirements under Iowa Code 282.34. 

        The provision of special education for a child placed at a residential facility is subject to the standards adopted by the Iowa State Board of Education that govern the educational programs and contracts between residential facilities and school districts. See Iowa Code 282.34 and 237C.4. The facility must provide an education program and services by either contracting with the school district where the facility is located, contracting with an accredited nonpublic school, or becoming accredited as a nonpublic school. See Iowa Code 282.34. Area education agencies (“AEAs”) are responsible for cooperating with the child’s school district of residence to share educational information, textbooks, and materials to ensure the child receives an appropriate education. Id. 282.30.