OUT-OF-STATE PLACEMENT
Let us know about your experience on our site. Use the link below to submit your thoughts.
When an Out-of-State Placement is Necessary as Determined by the IEP Team:
Sometimes an IEP team may need to consider placement options outside of Iowa in order to provide FAPE to an individual learner. However, an out-of-state placement may be considered only when appropriate services to meet the learner’s needs are not available within the state, or when services in an adjoining state are closer than those available in Iowa.
Prior to placement out of state, the Iowa Department of Education must determine that the special education and related services offered in the proposed placement meet the standards set forth under the IDEA and Iowa Rules of Special Education (Iowa Admin. Code r. 281- 41).
Funds generated through the weighting plan for special education instructional services can be used to provide special education instruction in out-of-state placements. Itinerant instructional services and special education consultant services shall utilize special education support service funds for out-of-state placements.
Determining Out-of-State Placement by an IEP Team
The resident district and AEA remain responsible for ensuring the student is provided FAPE during an out-of-state placement. This obligation is not diminished or transferred due to the location of the placement. When a student is placed out of state, the resident district remains responsible for the student’s education and for ensuring that all rights afforded under the IDEA are fully implemented as though the student were educated directly by the resident district. This includes, but is not limited to, developing, reviewing, and revising the student’s IEP as needed; monitoring the student’s progress; conducting reevaluations as required or appropriate; and preparing for the student’s transition back to Iowa.
The IEP team must:
- Collect and evaluate sufficient data regarding the learner’s needs to clearly and accurately identify how the disability is currently affecting the provision of FAPE.
- Convene to review data and determine whether an out-of-state placement is necessary.
- Develop an IEP which documents the special education services and supports necessary for the student to receive FAPE, and a reintegration plan to prepare for the eligible individual’s transition back to services within Iowa.
- Provide the parent(s) with prior written notice to inform the parent of the proposed out-of-state placement. The notice must document the educational options within the state the team considered, discussed and rejected, along with the reasons those options were determined inappropriate.
- Inform the AEA that an Out-of-State placement application needs to be completed and submitted to the Department of Education for approval.
- Execute a contract with the out-of-state facility that includes, at a minimum:
- Upon Department approval, the student may be placed in the out-of-state setting.
Requesting Approval of Funds for Students Placed Out-of-State
Approval by the Iowa Department of Education is required for contracts negotiated with other state agencies for the provision of special education services. To secure approval and arrange for educational costs to be paid by a local school district the following steps occur:
- The referring local district or agency (County Juvenile Court or County Department of Health and Human Services) will send a copy of the court order, if available, for court-ordered placements to the local AEA.
- The AEA will then complete the Out-of-State application and submit for Department of Education approval.
- After the Iowa Department of Education review, a letter will be uploaded to the state IEP system for the AEA and District to view, providing a decision to approve or deny the request.
- An AEA designee will forward the copies of the approval letter to the local school district’s superintendent, and send a letter to the initial referring agency notifying the agency of their decision.
Financial and General Supervision Requirements for Students who are Wards of the State
A “Ward of the State” for Special Education funding purposes is defined as a learner whose parental rights have been formally terminated by the courts, and who remains in State custody. For learners being served in Iowa who are Wards of the State, their District of Residence becomes "the LEA in which the facility or home is located" per Iowa Code 41.907(6). When a Ward of State is placed outside of Iowa, an LEA must be identified to serve as a "Host District" who is responsible for managing the IEP while the learner is out of state. At the end of the year the host district is reimbursed out of the general fund. A district may be identified as a learner’s host district even if the district has not served this student in the past.
Under Iowa Code 282.35, the Department has the authority to resolve disputes related to out-of-state placement:
"The department of education shall promptly and summarily resolve any disputes between school districts related to the financial responsibility of such school districts under this section."
Ongoing Responsibilities for Students Placed Out-of-State
When a student is placed out of state, by either the IEP team or pursuant to a court order, the resident district remains responsible for the student’s education and for ensuring that all rights afforded under the IDEA are fully implemented as though the student were educated directly by the resident district. This includes, but is not limited to, developing, reviewing, and revising the student’s IEP as needed; monitoring the student’s progress; conducting reevaluations as required or appropriate; and preparing for the student’s transition back to Iowa.
The following are requirements that are often overlooked. The resident district and AEA are required to:
- Document and maintain progress monitoring reports in the student’s special education records in the state IEP system;
- Participate in IEP meetings via telephone conferencing, video conferencing, or in person, as appropriate. Resident district representatives must be invited to all IEP meetings;
- Ensure the current IEP is maintained in the state IEP system;
- Provide prior written notice documenting all decisions related to the child’s identification, evaluation, placement or the provision of FAPE.
- Initiate, coordinate and participate in reevaluations when due or otherwise required.
Unilateral Out of State Placement by Parents
When a parent or legal guardian places their child outside of Iowa without input, involvement or approval as an IEP Team or without a Court Order, the parent or legal guardian, their private insurance, or Medicaid is responsible for all costs. The District should not be billed for any costs associated with this non-educational placement. The Department of Education does not require an application for this type of placement, nor is revocation of consent required.
If a parent or legal guardian convenes an IEP meeting to request a placement out of state, the District/AEA will review the request at the IEP meeting, along with supporting data to determine if the placement out of state is necessary to meet FAPE. If the consensus from the IEP team is that such a placement is not necessary to provide FAPE, the AEA/District should provide parents with a detailed PWN that describes the reason for the refusal, including the data that the team collected and reviewed in order to come to this decision.