Policy – Category 2000 (Administration)
BP 2005 – Private Schools and Services
D. The services provided pursuant to the ISP Services Policy may be provided at the DMSE LPA, student’s residence school or LEA or at a private school, including a religious school, to the extent consistent with law. However, the DMSELPA and/or the LEA of residence shall not use IEP/IFSP Policy funds to finance the existing level of instruction in a private school or to otherwise benefit the private school.
E. The services provided to the private school staff could include consultation, disability awareness training, and materials, modifications to
the general education curriculum, support for student study team development, and other services indicated on the IEP/IFSP.
3.5
Dispute Resolution
A. No LEA is required to pay for the cost of educating a child with a disability at a private school, including special education and related services, if: 1) the LEA made a FAPE available to the child, and 2) the parents voluntarily elected to place the child in a private school. B. Disputes regarding whether a LEA made a FAPE available to the child, as well as the initial location, identification and assessment of parentally- placed private school children with disabilities, may be resolved pursuant to local policies and procedures and/or by filing a request for due process hearing with the California Special Education Hearing office. C. Disputes regarding the DMSELPA’s Children with Disabilities Enrolled by Their Parents in Private Schools policy and procedures may be resolved pursuant to local uniform complaint policies and procedures, and/or by filing a complaint with the California Department of Education pursuant to Title V of the California Code of Regulations Section 4600 et seq . D. No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that he/she would receive if enrolled in a public school.
E. Issues requiring the provision of FAPE can be filed as a due process action as specified in Chapter 7.
BP 2005 – Private Schools and Services
Page 7
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/09)
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