While most disputes concerning residential placement appear to involve the parents’ beliefs that the student requires residential services while the school believes it can meet the student’s educational needs, we have recently had a case where the school

While most disputes concerning residential placement appear to involve the parents’ beliefs that the student requires residential services while the school believes it can meet the student’s educational needs, we have recently had a case where the school requested a hearing as it believed residential services were required whereas the parents were opposed. This situation led us to some internal discussions, and I thought I would ask the rest of you your thoughts: 1. Assume that the hearing officer finds that residential services are required to meet the needs of the student and orders the placement. Unlike a juvenile court, a hearing officer doesn’t have the authority to remove a child from the home. How is the order enforced? 2. If residential is ordered and the parents refuse to send the student, is the school obligated to offer/provide any other educational services? (Assuming the parents do not appeal the hearing officer’s decision, thereby invoking stay-put while on appeal.) Does this become an all-or-nothing wherein the school maintains it has offered a FAPE and it appears the parents are declining the offer?