§ 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.)