Policy – Category 2000 (Administration)
BP 2005 – Private Schools and Services
California Education Code § 56172. The district, special education local plan area, or county office shall make provision for the participation of private school children with disabilities in special education programs under this part by providing them with special education and related services in accordance with the provisions of this article. California Education Code § 56174. The district, special education local plan area, or county office shall not be required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the district, special education local plan area, or county office made a free appropriate public education available to the child and the parent of the child elected to place the child in the private school or facility. With the reauthorization of IDEA in 2004, provisions were developed that outline the responsibility of State and LEAs to parentally-placed private school children with disabilities. The following are the major revisions that relate to parentally-placed private school children with disabilities according to the Office of Special Education: 1. Provision is made for the participation of children with disabilities enrolled by their parents in private preschool, elementary, and secondary schools, consistent with their number and location in the State, in the program assisted or carried out under Part B by providing for such children special education and related services. 2. Activities are conducted to locate, identify, and evaluate children placed by their parents in private schools, including religious schools, who may need special education and related services. This requirement is known as child find and is the responsibility of the LEA in which the private school is located.
3. A proportionate amount of federal funds available under Part B is expended for services for parentally-placed private school children with disabilities.
4. Special education and related services may be provided to parentally-placed private school children with disabilities on the premises of private, including religious schools, in a manner that does not violate the Establishment Clause of the First Amendment to the U.S. Constitution and is consistent with applicable State constitution and laws.
BP 2005 – Private Schools and Services
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/09)
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