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SPED: Wards of Court

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Wards of the Court

January 18, 2005

INFORMATION ABOUT WARDS OF THE COURT:  


Wards of the court placed in a district OTHER than the district in which the student became a ward:

  • If the student is NOT placed in a foster home or foster family home licensed or approved by Heath and Human Services (HHS) then:
The costs of the student's education and transportation are paid by HHS (but not in advance) to the receiving school district, which must enroll the student. The student remains a resident of the district he resided in at the time he became a ward and that district is responsible for development of the IEP.
  • If the student IS placed in a foster home or a foster family home licensed by HHS then:
The student shall be deemed to be a resident of the district in which the foster home or foster family home is located. The school district in which the foster family home is located develops and implements the IEP. Reimbursements for the special education costs are claimed through the normal reimbursement procedures.
  • If the student is placed in an institution which maintains a sped program approved by NDE and not owed by the district in which the student resided at the time he became a ward then:

The student remains a resident of the district in which he resided at the time he became a ward. The resident district develops the IEP, which is implemented by the institution. Education costs paid by HHS (but not in advance) to the institution implementing the IEP.

Wards of the Court placed in the SAME school district as the district in which the student became a ward:

  • If the student is NOT placed in a foster family home or foster home the district in which the ward is residing develops and implements the IEP. The resident district pays for education costs and claims reimbursement through the normal reimbursement procedures.

  • If the student IS placed in a foster home or family foster home then:
The student is deemed a resident of the district in which the foster family home is located. The resident school district develops and implements the IEP. The resident district pays for the sped costs and claims reimbursement through the normal reimbursement process.
  • If a student is placed in an institution which maintains a sped program approved by NDE and not owned by the district in which the student resided at the time he became a ward then:

The district in which the institution is located is responsible for development of the IEP, which is implemented by the institution. Education costs are paid by HHS (but not in advance) to the institution. The student remains a resident of the district in which he resided at the time he became a ward.


Non-Wards in residential setting for other than educational reasons:

When a student who is not a ward is residing in a residential setting for other than educational reasons

AND:

the residential setting is operated by a service provider which is certified or licensed by HHS; or the student is enrolled in a medical assistance program established under Title XIX or XXI of the federal social security act.

THEN:

The student remains a resident of the district in which he/she resided immediately prior to residing in such residential setting.

HOWEVER:

Upon request by a parent or guardian, the resident school district must contract with the district in which the residential setting is located for the provision of all educational services, including all special education services to the student.


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