Day Treatment Placement by a County - LEA Responsibilities
- A child with a disability's local educational agency (LEA) remains responsible for ensuring the child receives free appropriate public education (FAPE).
- FAPE means the child is provided special education and related services--
- at public expense;
- under public supervision and direction, and without charge;
- meeting the standards of the DPI, including the requirements of the Individuals with Disabilities Education Act (IDEA);
- including an appropriate preschool, elementary school, or secondary school education; and
- provided in conformity with an individualized education program (IEP) that meets state and federal requirements.
Day Treatment Placement by Parents - LEA Responsibilities
- If parents place their child in a day treatment program listed in the DPI's private school directory or meeting the statutory definition of a private school [Sec. 118.165(1), Stats.], IDEA requirements for parentally placed private school students apply. A student does not have an individual entitlement to FAPE while attending a private school. No IEP is required. While facilities meeting the definition of a private chool are not required to register with the DPI, it is recommended they register to be included in the DPI's private school directory.
- If parents place their child in a facility that is not a private school, the child's LEA continues to be obligated to ensure FAPE for the child.
- If parents place their child in a day treatment program and enroll their child in a home-based private education program, the school district is not responsible to ensure FAPE for the child while the child is enrolled in home-based private education. No IEP is required.
Coordination of Services
- Day treatment programs, which must operate in compliance with Chapter DHS 40, Wis. Admin. Code, are required to offer educational services by arrangement with the LEAs responsible for providing educational services to children in the day treatment program. [s.HFS 40.01(5)]
- Mental health day treatment programs are required to enter into a memoranda of understanding or other interagency agreements with LEAs responsible for providing educational services to their clients to ensure coordination of educational services and treatment services. [s.HFS 40.12]
- Services for individual clients are coordinated through a treatment plan developed by a multidisciplinary team, which includes an educational professional from the child's school. [s.HFS 40.09(1)(d)] The plan includes a summary of services the child will receive from his or her school. [s.HFS 40.10(2)(b)]
- Questions about day treatment program requirements should be directed to the Division of Quality Assurance, Wisconsin Department of Health Services, at (608) 261-0656.
Equalization Aid Membership
- A student in a day treatment program may be included in the September and January equalization aid membership counts only if he or she is enrolled in the school district to attend classes.
- A child who does not receive his or her education through the school district may not be included in the membership counts.
- Generally, the following school district activities by themselves or in combination are not sufficient to justify including a child in membership-
- Consulting with day treatment staff;
- Providing educational materials;
- Attending meetings or evaluating and observing a student; and
- Providing related services, such as physical or occupational therapy.
IDEA Child Count
Resident children with disabilities who receive mental health day treatment services must be reported to the DPI by their LEAs for the IDEA Federal Student Data Report (Child Count.)
Other Information and Resources
- IDEA Complaint Decision 04-014
- IDEA Complaint Decision 05-028
- Policy Letter from Stephanie Petska, 9/21/2005
- Mental Health Day Treatment Services for Children, Department of Health Services, Division of Quality Assurance