2013 Vermont Statutes
Title 16 Education
Chapter 101 SPECIAL EDUCATION
§ 2950 State-placed students

2950. State-placed students

(a) School district reimbursement. The school district responsible for educating a state-placed student under section 1075 of this title may claim and the commissioner shall reimburse 100 percent of all special education costs for the student, including costs for mainstream services. As a condition of receiving this reimbursement, the district shall provide documentation in support of its claim, sufficient to enable the commissioner to determine whether to recommend appropriate cost-saving alternatives. The commissioner may approve any costs incurred in educating a state-placed student who is not eligible for special education that are incurred due to the special needs of the student, and, if approved, the commissioner shall pay those costs. When a state agency places and registers a student in a new district, the district may request and the department of education, the agency that placed the student, or both, shall provide prompt consultative and technical assistance to the receiving district.

(b) Residential payments.

(1) For a student in the care and custody of the commissioner for children and families 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 for children and families shall arrange for the payment of the remainder of the costs. However, if the state interagency team, as defined in 33 V.S.A. 4302, finds such placement inappropriate for the student's education needs, then the commissioner of education shall pay none of the education costs of the placement and the commissioner for children and families 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 or department other than the department of corrections or the department for children and families, the commissioner of education shall pay the education costs and the agency or department in whose care the student is placed shall arrange for the payment of the remainder of the costs. However, if the state interagency team, as defined in 33 V.S.A. 4302, finds such placement inappropriate for the student's education needs, then the commissioner of education shall pay none of the education costs of the placement and the agency or department 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 Vermont and who is attending a public school outside 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; 2007, No. 82, 23, eff. July 1, 2008; 2011, No. 58, 16, eff. May 31, 2011.)