Placing emotionally disturbed student in a residential treatment center

October 30, 3:31 AMLA Special Education ExaminerDr. Kari Miller

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Jeffrey A. Gottlieb, Esq.

Photo courtesy of Mr. Gottlieb

In this edition of expert corner, Jeffrey A. Gottlieb, Esq., Los Angeles special education attorney, discusses Federal and California special education law regarding the placement of an emotionally disturbed child in a Residential Treatment Center (RTC).

In a few extreme circumstances, a parent will need to address the situation in which a special education school program is not appropriate for their child and a 24-hour RTC is necessary. When a child who is eligible for special education services has severe emotional challenges, for example attempting suicide or posing a significant physical danger to him or herself, and the conduct of concern occurs in both the home and school environment, a residential placement may be appropriate.

The RTC is appropriate because there is no other appropriate educational alternative. The RTC not only provides the best protection to the child but also provides a comprehensive scope of services that far exceeds that which can be provided by either a private (non-public school) or a public school.

Sometimes a school district will suggest an RTC; however, usually it is the parents who have come to the difficult decision to place their child in an RTC. When an eligible special education child is placed in an RTC, the school district is responsible for the entire cost (which sometimes can be as much as $150,000 per year).

Emotionally Disturbed Eligibility Designation
Under both California law and the IDEA, a child is eligible for special education if the child needs special education and related services by reason of ED. Emotional disturbance is a severe condition; for example, social maladjustment alone is not sufficient to render a student eligible for special education as ED.

A child meets eligibility criteria for ED if the child exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance:

• An inability to learn which cannot be explained by intellectual, sensory, or health factors An inability to build or maintain satisfactory interpersonal relationships with peers and teachers
• Inappropriate types of behaviors or feelings under normal circumstances exhibited in several situations
• A general pervasive mood of unhappiness or depression
• A tendency to develop physical symptoms or fears associated with personal or school problems

Least Restrictive Environment Consideration
Once a child is deemed eligible for special education placement and services under the criteria of ED, the least restrictive environment (LRE) criterion comes into consideration. School districts are required to provide each special education student with a program in the least restrictive environment, with removal from the regular education environment occurring only when the nature or severity of the student’s disabilities is such that education in regular classes with the use of supplementary aids and services could not be achieved satisfactorily.

The RTC is actually the most restrictive environment for a special needs child. Accordingly, an RTC-bound special education student simply does not meet the criteria
of the lesser restrictive environment.

The “Typical” Process of Placing an ED Child in an RTC
First, when a request for residential placement is made, an expanded IEP team meeting must be convened within 30 days; where such IEP meeting is to include an authorized member of the local community mental health service; typically the county department of mental health services. If the community mental health service or the school district determines that additional mental health assessments are needed, the school district and the community mental health service shall provide such assessment; either jointly or separately.

Prior to the determination that a residential placement is necessary for the pupil to receive special education and mental health services, the expanded IEP team shall consider less restrictive alternatives, such as providing a behavioral specialist and full-time behavioral aide in the classroom, home and other community environments, and/or parent training in the home and community environments. The IEP team shall document the alternatives to residential placement that were considered and the reasons why they were rejected.

When the expanded IEP team recommends a residential placement, it shall document the pupil's educational and mental health treatment needs that support the recommendation for residential placement. This documentation shall identify the special education and related mental health services to be provided by a residential facility that cannot be provided in a less restrictive environment.

The community mental health service case manager, in consultation with the IEP team's administrative designee, shall identify a mutually satisfactory placement that is acceptable to the parent and addresses the pupil's educational and mental health needs.

The residential placement shall be in a facility that is located within, or in the county adjacent to, the county of residence of the parents of the pupil with a disability. When no nearby placement alternative which is able to implement the IEP can be identified, this determination shall be documented, and the community mental health service case manager shall seek an appropriate placement which is as close to the parents' home as possible.

Residential placements for a pupil with a disability who is seriously emotionally disturbed may be made out of California only when no in-state facility can meet the pupil's needs. Out-of-state placements shall be made only in residential programs that meet the requirements of the California Welfare and Institutions Code.


Please note, that this is a general explanation of the law and may not be appropriate for a unique set of circumstances. Attorney consultation should be considered.


Jeffrey Gottlieb's law practice focuses exclusively on supporting the needs of disabled children and their parents. He has successfully placed children in appropriate educational settings and obtained educational services appropriate to their needs.

The Law Offices of Jeffrey A. Gottlieb
Serving Special Education Children
10545 Cliota Street
Whittier, CA 90601
Voice: (562) 699-2412
E-mail: jeff@specialeducationattorneyatlaw.com
Visit Mr. Gottlieb’s website.

Mr. Gottlieb has Satellite Offices in Downtown Los Angeles, Huntington Beach, Irvine, Long Beach, Newport Beach, and Rancho Cucamonga,

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Phone: (310) 280-9813

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