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IBHS&Placement


Ashley Tilley

Question

My son has IBHS and school is giving me a hard time about it even though it is a need. Has autism and ID although I believe school had threw an ID on him so young that is meeting almost grade level now. I went onto PA Department of Education because my son does not have a placement for a month now in school trying to see what I can do. So with the following below for private placement and a private school say we don't let IBHS come here but his psychiatrist has heard TW&Ponessa a mental health facility go there if I should tour this school again and question it again with brining my special Ed director on this tour? Can school give him least restrictive even though his behaviors manifest his disability if we can find private placement?

I toured another private school that has experience with Autism and ID students but they responded back to my district they do not feel they could meet his needs at this time. Then once my special education director gets back from vacation in June, we could see what other options he has. My district response to me about IBHS is for example if his BHT left we would have to find him a replacement. I could use any input to help me figure this out. My IEP actually implemented strategies from IBHS as they are agreeing he needs it if they use his service in the IEP on my feelings. 

Department of Education Policy:
Joint DHS/PDE Policy Prohibits Bundling of Services
DHS-licensed facilities shall not require students to attend school at the residential facility unless it is a court imposed condition of their placement.

Some private residential program providers are licensed both as non-educational (for example, mental health) providers and as private schools (for example, approved private schools, schools within private residential rehabilitative institutions, and licensed private academic schools). This creates the possibility of a single institution able to provide both the educational and non-educational services a child needs. Although, in some cases, this will be desirable, it will not always be appropriate. When a non-educational placement is made, there should not be an assumption on the part of the referring public agency or the private provider that the child will be included in the private provider's educational program. Rather, the decision regarding the educational portion of the child's day is to be made on an individual basis by parents, guardians, and public education officials with input from all knowledgeable sources. This type of individualized decision-making is consistent with DHS’s policy supporting individualized services for child and family support, and is further enhanced by county MH/ID program agency services that can assist in supporting a child in a regular school setting.

The policy articulated in this BEC is the product of a concern of PDE and DHS as articulated in the DHS Bulletin (OMHSAS-10-02) entitled Educational Portions of "Non-Educational" Residential Placements that the educational portions of agencies' arrangements for these children are often in more restrictive, less integrated settings than is necessary to meet the student's educational needs. This policy is also the product of a joint concern that bundling services together in some cases delays the onset of services to the child, violating children's rights under education laws.

PDE and DHS will exclude a private provider from the approved provider pool of a specific program, including the Medical Assistance Program, if that private provider has a general policy or practice of insisting that each child placed under that program must also receive services of the private provider that fall outside of the program, unless a court order explicitly prescribes how educational services are to be provided. Similarly, PDE and DHS will not participate financially in placements that are contrary to this policy. Both Departments will implement this policy regarding their programs.

This policy is an important part of our adherence to applicable law and – no less important – to serving children and families effectively in as natural a setting as is consistent with the individual child's needs.

References
Purdon's Statues
24 P.S. § 13-1306
24 P.S. § 13-1309

Code of Federal Statutes
20 U.S.C. § 1400 et seq.
29 U.S.C. § 701 et seq.

Code of Federal Regulations
34 C.F.R. § 300.30
34 C.F.R. § 300.519

State Board of Education Regulations
22 PA Code Sections 14.102 et seq.Opens In A New Window
22 PA Code Sections 11.11 et seq.Opens In A New Window
22 PA Code Sections 11.18 et seq.Opens In A New Window
22 PA Code Sections 15.1 et seq.Opens In A New Window

Department of Human Services
Educational Portions of "Non-Educational" Residential Placement Bulletin, OMHSAS-10-02 dated January 4, 2010

Bureau/Office Contact
Bureau of Special Education
Pennsylvania Department of Education
333 Market Street
Harrisburg, PA 17126-0333
Voice: 717.783.2311

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