Current through Register Vol. 46, No. 39, September 25, 2024
Educational programs and services to students with
disabilities enrolled in day treatment programs shall be provided in accordance
with this section and those other applicable provisions of this Part that are
not inconsistent with this section.
(a) Definitions. As used in this section:
(1) Day treatment programs means
nonresidential programs, certified by the Office of Mental Health, designed for
the purpose of providing a comprehensive array of services for mentally ill
students with disabilities through integrated mental health and special
education programs.
(2) Treatment
planning means the process of determining the student's need for mental health
services and developing a specific treatment plan which includes provision of
educational services.
(3) Treatment
team means a team composed of professional and paraprofessional clinical staff
members of the day treatment program, including the student's special education
teacher.
(b) Eligibility
of students with disabilities.
(1) A student
with a disability who has been admitted to a day treatment program in
accordance with such program's admission criteria is eligible for placement in
the educational component of such day treatment program, if such placement is
appropriate to such student's special educational needs.
(2) The determination of the existence of a
disability and the recommendation of appropriate special education programs and
services shall be the responsibility of the committee on special education of
the school district of the student's residence. Such determinations and
recommendations for students admitted to a day treatment program shall be based
on consultation with the program's treatment team.
(c) Individual evaluation. In addition to
conducting an individual evaluation pursuant to the requirements of section
200.4(b) of this
Part, the committee on special education shall assure that appropriate staff
participate in the treatment planning conducted by the treatment team. The
evaluation shall include an assessment by the day treatment program's special
education teacher and other appropriate professional staff of the day treatment
program.
(d) Recommendation.
(1) The results of the individual evaluation
described in subdivision (c) of this section, as well as the suggestions of the
treatment team, including the type, frequency and duration of services needed
to meet the student's mental health and educational needs, shall be used in the
development of the individualized education program (IEP).
(2) Individualized education program (IEP).
The IEP shall be developed, pursuant to section
200.4 of this Part, in meetings of
the committee on special education. A representative of the treatment team
shall be given the opportunity to attend. In the event that such representative
is unable to attend such meetings, the committee shall attempt alternative
means of assuring the representative's participation, such as individual or
conference telephone discussions, and such attempts shall be documented.
Referral to the committee on special education for review of the IEP shall be
conducted pursuant to section
200.4(d) of this
Part.
(e) Student
progress reports.
(1) Each student's
individualized education program (IEP) shall be reexamined by the student's
special education teacher and professional staff of the day treatment program
at least once every three months for a period of one year after the student's
enrollment and at least twice a year thereafter. Progress reports based on
these reexaminations shall be forwarded to the committee on special education
within 30 days of such review.
(2)
Referral to the committee on special education for review of the IEP shall be
conducted pursuant to section
200.4(d)(2) of
this Part and subdivision (d) of this section.
(3) An annual review and reevaluation of each
student's IEP shall be conducted pursuant to section
200.4(b) and (f)
of this Part and subdivision (d) of this section.
(f) Grouping for instruction. Students with
disabilities enrolled in day treatment programs may be grouped for instruction
based on similarity of individual mental health needs, when such needs prevent
the student from benefiting from instructional groupings pursuant to section
200.6(h) of this
Part, as determined by the professional staff of the day treatment
program.
