[Note: This post does not address cases in which a parent initiates an out-of-district placement or another public agency initiates such a placement.]
Unless a child’s IEP requires another arrangement, the child enrolled in public school must be educated in the school the child would attend if the child did not have a disability. A child with an IEP may not be removed from the resident school district solely because of modifications needed in the general education curriculum. See 281 I.A.C. 41.116(1).
“Placement” refers to the child's services on the continuum of placements as determined by the IEP team. “Location” refers to the physical place the child receives those services. A local school district cannot override an IEP team’s placement determination. However, only the resident school district may determine the specific out-of-district “location” (classroom, building, or facility). The choice of the location of the services is a school district decision as long as the location selected is consistent with the IEP team’s placement determination. See Letter to Trigg, 50 IDELR 48 (OSEP 2007).
When an IEP team considers placing a child in an out-of-district school, it must address issues including the least restrictive environment and any potential harmful effects on the child or on the quality of services the child needs. An out-of-district placement must have an “educationally relevant purpose” based on the child’s IEP, be located as close as possible to the child’s home, and be determined at least annually. See 281 I.A.C. 41.116. An “educationally relevant purpose" is one required by the IEP to address the child’s unique disability-related needs that interfere with the child’s ability to benefit from the child’s education in the resident school district. For example, if a child with deafness requires a sign language interpreter and one cannot be obtained by the resident school district, placement in an out-of-school district that can provide the interpreter is an “educationally relevant purpose.” In the case of a child whose emotional-behavioral issues impeded the child from benefitting from education in the child's school district of residence and the child requires education in a residential treatment school, that placement would be an “educationally relevant purpose,” rather than placement for treatment. See, e.g., Iowa Admin. Code r 281—41.116; see also C.B. v. Special Sch. Dist., 636 F.3d 981 (8th Cir. 2011).
Out-of-district placement must be at no cost to the child’s parents. When the child lives at home, “at no cost” means the costs of education and transportation. In the case of a residential placement, it means the costs of education, room, board, and transportation (but does not include medical services). See 281 I.A.C. 41.104. The resident district is obligated to pay the actual cost of the special education instructional program. See 281 I.A.C. 41.907(2). If the child’s IEP team recommends a residential placement, the child’s school district and area education agency of residence may not seek the costs of room and board from the child’s parents. See Letter to Hornbeck, 211 IDELR 65 (OSEP 1978). However, with parental consent, they may seek reimbursement from the parent’s public or private insurance. However, a parent’s refusal to provide consent cannot be used to delay or deny a free appropriate public education (“FAPE”). See 281 I.A.C. 41.154. 20 U.S.C. § 1412(a)(5)(B). Federal law prohibits a public school district and AEA from refusing, based on actual or perceived financial inability to pay, placement of a child with an IEP who requires an out-of-district placement to receive a FAPE.
Out-of-district placements are subject to the terms of a written tuition contract that:
• must ensure that all the requirements of the child’s IEP will be met,
• require periodic reports to ensure the adequacy and appropriateness of the child’s special education and related services provided, and
• conditions payments on delivery of the child’s special education and related services as required by the child’s IEP in compliance with special education law. See 281 I.A.C. 41.903(2).
Before the IEP team establishes a child’s out-of-district placement, it must answer the following questions:
• What accommodations, modifications, and adaptations does the child require to be successful in a general education environment?
• Why is it not possible for these accommodations, modifications, and adaptations to be provided within the general education environment?
• What supports are needed to assist the teacher and other personnel in providing these
• accommodations, modifications, and adaptations?
• How will receipt of special education services and activities in the general education environment impact the child?
• How will the provision of special education services and activities in the general education environment impact other students? See 281 I.A.C. 41.116(4)(a).
If all or some of the child’s special education would be provided in a special school, the child’s IEP must also address the following additional questions concerning that placement:
• What are the reasons the eligible individual cannot be provided an education program in an integrated school setting?
• What supplementary aids and supports are needed to support the eligible individual in the special education program?
• Why is it not possible for these aids and supports to be provided in an integrated setting?
• What is the continuum of placements and services available for the eligible individual?
See 281 I.A.C. 41.116(4)(b).
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