Out-of-state placement of child with disability -- payment of costs
(1) In accordance with a placement made by persons determining an individualized education program for a child with a disability, the trustees of a district may arrange for the attendance of the child in a special education program offered outside of the state of Montana.
(2) Except as provided in subsection (3), when the persons determining the individualized education program of a child with a disability who is in need of special education recommend placement in an out-of-state private residential facility, the trustees of the district of residence shall negotiate the amount and manner of payment of all costs associated with the placement.
(3) Whenever a child with a disability who is in need of special education and related services is placed by a state agency in an out-of-state residential facility, the state agency making the placement shall pay the education costs resulting from the placement.
(4) The state agency shall place the child with a disability in a facility that will provide the child with a free appropriate public education that complies with the requirements of Title 20, chapter 7, part 4.
(1) In accordance with a placement made by persons determining an individualized education program for a child with a disability, the trustees of a district may arrange for the attendance of the child in a special education program offered outside of the state of Montana.
(2) Except as provided in subsection (3), when the persons determining the individualized education program of a child with a disability who is in need of special education recommend placement in an out-of-state private residential facility, the trustees of the district of residence shall negotiate the amount and manner of payment of all costs associated with the placement.
(3) Whenever a child with a disability who is in need of special education and related services is placed by a state agency in an out-of-state residential facility, the state agency making the placement shall pay the education costs resulting from the placement.
(4) The state agency shall place the child with a disability in a facility that will provide the child with a free appropriate public education that complies with the requirements of Title 20, chapter 7, part 4.
Out-of-state placement of child with disability -- – payment of costs
| EnactedEn. 75-7809 by SectionSec. 427, ChapterCh. 5, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 2, ChapterCh. 140, Laws ofL. 1975 |
| AmendedAmd. SectionSec. 10, ChapterCh. 539, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 75-7809 |
| AmendedAmd. SectionSec. 3, ChapterCh. 661, Laws ofL. 1979 |
| AmendedAmd. SectionSec. 24, ChapterCh. 609, Laws ofL. 1987 |
| AmendedAmd. SectionSec. 18, ChapterCh. 11, Sp. Laws ofL. June 1989 |
| AmendedAmd. SectionSec. 6, ChapterCh. 765, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 3, ChapterCh. 375, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 12, ChapterCh. 563, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 2, ChapterCh. 458, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 6, ChapterCh. 529, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 3, ChapterCh. 550, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 99(4), ChapterCh. 51, Laws ofL. 1999 (HB 38 - Peck, Ray (D) HD 91) |