WHOSE STUDENT IS THIS?:�Residency, Placement, Transportation�

Laura Tubbs Booth

crs@ratwiklaw.com

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ltb@ratwiklaw.com

Agenda

• Residency
• Special Education Placements
• Day Treatment
• Residential
• Open Enrollment
• Rules
• Limits
• Record Retention
• Questions

Residency

• General rule: Student’s “resident district” is where parent resides
• Applies to students placed in care and treatment and those in foster care except…

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Foster Care exceptions

• Foster care exceptions = where the student is living IF:
• 1) parental rights terminated or
• 2) parent/guardian not living in MN or
• 3) no other residency can be established or
• 4) parent/guardian is inmate

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Residency

Challenge to Residency

• If student is living there solely to obtain education
• Notice
• Commissioner of Education determines

Considerations

• Undocumented students are entitled to education
• Age – age 5-21, schools may request verification
• Enrollment in grade not = to age

Choice of School within District

Placement for Care and Treatment

What is Care & Treatment?

Care and Treatment

Placement by Another

Placement by District

• District is responsible for due process, FAPE and program, costs & transportation

• Parent, court or agency
• Resident district is responsible for education
• Resident district is responsible for transportation “to and from an appropriate education program” – LifeSpan v. Minneapolis et al.

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Residential Placement by Another

This Photo by Unknown Author is licensed under CC BY-SA

Day Treatment

• Resident district responsible for program
• At district school
• At day treatment
• At district where day treatment is located
• At home
• Query – could this be on line education?

Day Treatment

• Resident district responsible transport “to and from an appropriate education program”
• LifeSpan v MPS, SPPS, 196

This Photo by Unknown Author is licensed under CC BY

Mental Health Programs

• ABA therapy
• Other types of therapeutic programs

OPEN ENROLLMENT

Open Enrollment�

• General rules:
• Timely application unless________________________________
• May not deny admission based on disability
• May close grades & schools to open enrollment
• Board resolution to close grade level or program

Open Enrollment

• “Program” is not defined
• MDE guidance – may not close special education “program”
• May exclude a returning student based on truancy
• Or based on prior possession of weapon (firearm/ knife blade more than 2.5 “)
• Or selling/soliciting drugs
• 3trd degree assault

Charter Schools

• Not an Open Enrollment Option
• Statutes/rules for education apply only if specified by charter law or the specific statute

This Photo by Unknown Author is licensed under CC BY-NC

Record Retention in a Nutshell

Questions?