Continuum of Placements: Residential Facility

        The IDEA (20 U.S.C. § 1400-1487) and Iowa special education law require public school districts to provide eligible children with a free appropriate public education (“FAPE”). 20 U.S.C. § 1412(a)(1)(B)(I); Iowa Code § 256B.2(1)(a), (2)(a) (2025); see also Kass v. W. Dubuque Community School District, 101 F.4th 562, 2024 U.S. App. LEXIS 11399 (8th Cir. Iowa 2024). Moreover, it requires public school districts to provide a FAPE tailored to a child’s unique needs, which includes ensuring that the IEP is implemented in a manner that enables the child to make appropriate progress in light of their circumstances. See D.L. v. St. Louis City Sch. Dist., 950 F.3d 1057 (8th Cir. 2020); see also 20 U.S.C. § 1400, § 1412; 34 C.F.R. § 300.1, § 300.39; Iowa Admin. Code r. 281—41.17 (2025). 

        Occasionally, an IEP team finds that a child's needs exceed the ability of the school district to provide the child with a FAPE in a school district setting. For this reason, state and federal law clarify that "special education" includes instruction in the classroom, home, hospital, or institution designed to meet the needs of children requiring special education; transportation and corrective and supporting services required to assist children requiring special education in taking advantage of, or responding to, educational programs and opportunities, as defined by rules of the state board of education. See 34 C.F.R, §300.39; Iowa Code 256B.29(b)(2025).

When the nature or severity of a child’s disability makes education in a regular classroom setting unsatisfactory, even with supplementary aids and services, IEP teams must consider more restrictive placements, including residential facilities. See 20 U.S.C. § 1412(a)(5); Mitchell v. Cedar Rapids Community Sch. Dis, 832 N.W.2d 689 (2013). The IDEA recognizes that some students with disabilities require full-time support in a residential facility to receive a FAPE. educational benefit. 

        IEP team placement of a child in a residential facility for educational purposes is part of the continuum of placements required under the IDEA and Iowa special education law. See Iowa Code 256B.2; Iowa Admin. Code r. 281-41.115(2)(a); see also D.L. v. St. Louis City School District, 950 F.3d 1057 (8th Cir. 2020).  

A child’s IEP team is authorized to determine that a child requires placement in a residential facility to provide a FAPE. See Independent School District No. 284 v. A.C., 258 F.3d 769, 771 (8th Cir. 2001); 20 U.S.C. § 1412(a)(10)(B); Iowa Admin. Code r. 281—41.116.  A public school district cannot unilaterally override an IEP team's determination that a child requires placement in a residential facility. See Iowa Code 256B.2 (explicitly stating that special education placements, including residential facilities, are to be provided when the nature or severity of the disability necessitates such arrangements, as determined by the IEP team); see also Iowa Code 282.31 (underscoring the binding nature of IEP team decisions by requiring the school district of residence to pay special education costs, including residential placements, determined necessary by the IEP team). 

    While public school districts retain some authority over educational decisions, they are constrained by the requirement to comply with the IEP team's determinations. See Southeast Warren Community School District v. Department of Public Instruction, 285 N.W.2d 173 (Iowa 1979) (in which the Iowa Supreme Court recognized that the legislature anticipated the need for specialized placements for certain students and established a framework for evaluation and placement that prioritizes the IEP team's recommendations.).