2005 Vermont Code - § 2950. — State-placed students

§ 2950. State-placed students

(a) School district reimbursement. For the costs of educating a state-placed student, the school district serving the child shall claim and the commissioner shall reimburse the allowable special education costs, other than costs for mainstream services as that term is defined by the commissioner. In addition, reimbursable costs shall include any additional costs approved by the commissioner which are incurred in educating a state-placed student not eligible for special education and are due to the special needs of the student.

(b) Residential payments.

(1) For a student in the care and custody of the commissioner of social and rehabilitation services who is placed in a 24-hour residential facility within or outside Vermont, the commissioner of education shall pay the education costs and the commissioner of social and rehabilitation services shall arrange for the payment of the remainder of the costs. However, where the state interagency team, as defined in section 4302 of Title 33, has found such placement inappropriate for the student's education needs, the commissioner of education shall pay none of the education costs of the placement and the commissioner of social and rehabilitation services shall arrange for the payment of the full cost of the placement.

(2) For a student who is placed in a 24-hour residential facility within or outside Vermont by a Vermont licensed child placement agency, a designated community mental health agency, any other agency as defined by the commissioner of education, or a Vermont state agency other than the department of corrections or the department of social and rehabilitation services, the commissioner of education shall pay the education costs and the agency in whose care the student is placed shall arrange for the payment of the remainder of the costs. However, where the state interagency team, as defined in section 4302 of Title 33, has found such placement inappropriate for the student's education needs, the commissioner of education shall pay none of the education costs of the placement and the agency in whose care the student is placed shall arrange for payment of the full cost of the placement. This subdivision does not apply to a student for whom a residential placement is:

(A) specified in the student's individualized education program; and

(B) funded in collaboration with another agency.

(c) Out-of-state placement: For a state-placed student who is placed outside of Vermont and who is attending a public school outside of Vermont, the commissioner of education shall pay the education costs for the student. (Added 1995, No. 157 (Adj. Sess.), § 11; amended 1995, No. 157 (Adj. Sess.), § 28, eff. July 1, 1997; 1997, No. 60, § 11, eff. June 26, 1997; 2001, No. 8, § 11.)