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(9.19) If a student needs residential treatment to benefit from education, must they be made a ward or dependent of the court? Does the parent/guardian/other education rights holder have to pay for part of the cost of residential treatment?

(9.19) If a student needs residential treatment to benefit from education, must they be made a ward or dependent of the court? Does the parent/guardian/other education rights holder have to pay for part of the cost of residential treatment?

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No. It is a violation of federal law to require that your child be made a ward or dependent of the court if they need residential care in order to benefit from educational services.[1] 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.[2]

  1. See, Christopher T. v. San Francisco Unified School District, 553 F. Supp. 1107 (N.D. Cal. 1982).[↩]
  2. 34 C.F.R. Sec. 300.104.[↩]