01-1272 State ex rel. In re the Support of Robert H. v. Randall H.

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“Federal courts deciding parental reimbursement cases under the IDEA have generally held that the test for whether a child’s placement in a residential program is educational and therefore reimbursable under the IDEA focuses on whether the child’s residential placement is ‘necessary for educational purposes.’… If a residential placement is ‘a response to medical, social, or emotional problems that is necessary quite apart from the learning process,’ then it is not an educational placement for purposes of the IDEA. …

“Robert was placed at Lakeview pursuant to the circuit court’s CHIPS order, a proceeding that Randall had initiated because Robert’s mental illness necessitated out-of-home placement. His placement there was clearly in response to his psychiatric and emotional problems and was necessary quite apart from his special education needs. … Robert’s IEP, prepared after he arrived at Lakeview pursuant to the CHIPS order, did not conclude that a residential placement was an educational necessity; it merely accepted that Robert had been placed in residential treatment for mental health issues by the circuit court’s CHIPS order, and for that reason specified that his IEP should be implemented there. …

“Accordingly, because Robert’s placement in the residential program at Lakeview was necessitated not by his educational needs, but, rather, his mental illness, and was brought about by the circuit court’s CHIPS order rather than Robert’s IEP, it was not an educational placement for purposes of the IDEA.

Therefore, the IDEA does not provide a basis for relief from the child support obligation under the CHIPS order.”

Affirmed.

Calumet County, Poppy, J., Sykes, J.

Attorneys:

For Appellant: Brett C. Petranech, Madison,

For Respondent: Melody Buchinger