Vermont Statutes Title 16 Sec. 2950
Terms Used In Vermont Statutes Title 16 Sec. 2950
- Agency of Education: means the Secretary and staff necessary to carry out the functions of the Agency. See
- Individualized education program: means a program established for an eligible child pursuant to 20 U. See
- Public school: means an elementary school or secondary school operated by a school district. See
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Residential placement: means the placement of an eligible child, as part of an individualized education program, in a 24-hour residential facility within or outside Vermont that provides educational services consistent with the child's program. See
- School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
- Secretary: means the Secretary of Education. See
- Special education: means , to the extent required by federal law, specially designed instruction, at no cost to parents or guardian, to meet the unique educational needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- State-placed student: means :
- Supervisory union: means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district. See
§ 2950. State-placed students
(a) Supervisory union reimbursement. The supervisory union in which there is a school district responsible for educating a State-placed student under section 1075 of this title may claim and the Secretary 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 supervisory union shall provide documentation in support of its claim, sufficient to enable the Secretary to determine whether to recommend appropriate cost-saving alternatives. The Secretary 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 Secretary shall pay those costs. When a State agency places and registers a student in a new district, the district and the supervisory union of which it is a member may request and the Agency of Education or the agency that placed the student, or both, shall provide prompt consultative and technical assistance to the receiving district and the supervisory union.
(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 Secretary 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 Secretary 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 Secretary of Education, or a Vermont State agency or department other than the Department of Corrections or the Department for Children and Families, the Secretary 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 Secretary 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 Secretary 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; 2013, No. 92 (Adj. Sess.), § 201, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)