Page 18 - Special Education One Sheets

Residential Placements And Other Considerations For

Students With Social, Emotional, And Mental Health Needs

Residential Placements

Whether a residential placement is appropriate must focus on whether the placement is necessary to meet the student’s
educational needs, and not a response to medical, social, or emotional problems quite apart from the learning process.
(34 C.F.R. § 300.104; Clovis Unified Sch. Dist. v. Cal. Off. of Admin. Hearings (9th Cir. 1990) 903 F.2d 635, 643; Ashland Sch.
Dist. v. Parents of Student R.J. (9th Cir. 2009) 588 F.3d 1004, 1009.)

There are three possible circumstances when a residential placement is appropriate:
> Where the placement is “supportive” of the student’s education;
> Where medical, social, or emotional problems that require residential placement are intertwined with educational
problems; and
> When the placement is primarily to aid the student to benefit from special education.
(County of San Diego v. Cal. Special Education Hearing Off. (9th Cir. 1996) 93 F.3d 1458, 1468.)

Case Examples:
> In Student v. San Diego County Off. of Education, OAH Case No. 2018030499, a residential placement was deemed
inappropriate because:
> Placement was not supportive to the student’s education. The student was making progress on academics
and his transition plan, and he was improving peer relations, communication, and the ability to ignore internal
distractions. The student had dependency and mental health problems, however, that did not make the “best
mental health treatment” necessary to assist student in benefitting from special education.
> Non-educational needs not inextricably intertwined. The student’s problems with inappropriate sexual urges,
substance abuse, and hearing voices were not related to his education. The student was performing well
academically and socially with the supports of his IEP.
> Residential placement not primarily to aid in education. The student needed treatment for sexual predator
recovery, medication management, and substance abuse, however, these were not considered educationally
related problems. A school district’s responsibility under the IDEA is to remedy the learning related symptoms of a
disability, not to treat other, non-learning related symptoms. (See Forest Grove School District v. T.A. (9th Cir. 2011)
638 F.3d 1234, 1238-39.)
> Compare with, Student v. San Dieguito Union High Sch. Dist., OAH Case No. 2017110183:
> Student was diagnosed with attention disorder, major depression, and generalized anxiety disorder, and his
primary educational problem was school attendance.
> Although motivated to go to school, the student would freeze, or shut down prior to the school day. It was normal
for the student, after getting ready for school, to refuse to leave his bed, room, or home. As a result, student missed
more days of school than he attended.
> OAH determined that student’s disability was intertwined with his education and a residential treatment center was
necessary for him to benefit from special education.

Behavior Problems Limited to the Home
Generally, behavior problems limited to the home environment do not warrant residential placement. (See Ashland Sch.
Dist. v. Parents of Student R.J. (9th Cir. 2009) 588 F.3d 1004.)

A school district provides FAPE if it develops a program that allows a student to make measurable and adequate gains in
the classroom, regardless of whether the student is able to carry those skills into non-educational environments. (L.G. and
K.G. v. Sch. Bd. of Palm Beach County (11th Cir. 2007) 255 F.App’x 360 [nonpub. opn.].)

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