15-1183. Placement; voucher application
requirements


A. A voucher may not be issued pursuant to this article and a residential special
education placement may not be made in a private residential placement facility unless
the requirements of section 15-765, subsection G have been met.


B. If a state placing agency places a child in a private residential facility for
care, safety or treatment reasons, the state placing agency is responsible for requesting
an initial residential education voucher and notifying the home school district of the
placement. The home school district is responsible for completing screening or other
identification procedures for determining if the child is a child with a disability as
defined in section 15-761 and for reviewing the placement of a child with a disability to
determine whether a residential special education placement is necessary. Responsibility
for monitoring the educational services during the time a child is placed in the
residential facility and for planning for transition from the private residential
facility to a public school remains with the home school district.


C. An initial residential education voucher may be extended for good cause, as
determined by the director of the division of special education, on application by the
home school district. If an extension is denied or a home district fails to complete the
requirements for a continuing residential education voucher, the home school district is
responsible for payment of educational costs until the requirements of subsection B of
this section have been met.


D. In order to receive a continuing residential education voucher, an evaluation
pursuant to section 15-766 must be conducted and the following must occur:


1. The home school district shall provide prior written notice to the parent
indicating that the child is or is not eligible for special education and shall submit to
the department of education a copy of the prior written notice, the evaluation from which
the eligibility decision is made and, if the child is eligible for special education but
does not require residential special education placement, a copy of the individualized
education program indicating the special education to be provided while the child is
placed in the residential facility. If the child requires a residential special
education placement, section 15-765, subsection G applies.


2. On receipt from the home school district of the documentation specified in
paragraph 1, the department of education shall convert the initial residential education
voucher to a continuing residential education voucher that is valid for no longer than
the remainder of the school year during which it is issued.