(9.17) If a student needs residential treatment to benefit from education, must he be made a ward or dependent of the court? Does the parent have to pay for part of the cost of residential treatment? – SERR – Special Education Rights and Responsibilities

(9.17) If a student needs residential treatment to benefit from education, must he be made a ward or dependent of the court? Does the parent have to pay for part of the cost of residential treatment?

No. It is a violation of federal law to require that your child be made a ward or dependent of the court if he needs residential care in order to benefit from educational services. [See, Christopher T. v. San Francisco Unified School District, 553 F. Supp. 1107 (N.D. Cal. 1982).] Also, a parent cannot be required to pay for any part of the cost of residential treatment if the placement is made through the IEP process and is necessary to provide special education and related services. [34 C.F.R. Sec. 300.104.]