Appendix B: Frequently Asked Questions (FAQs) (OSEP, March 2007)
Obligations of Public Agencies in Serving Children with Disabilities Placed by Their Parents at Private Schools
private school children with disabilities on key issues that affect the ability of eligible private school children with disabilities to participate equitably in federally funded special education and related services (See more on the provision of equitable services in Part C of these questions and answers.). Effective consultation provides a genuine opportunity for all parties to express their views and to have those views considered by the LEA. Successful consultation establishes positive and productive working relationships that make planning easier and ensure that the services provided meet the needs of eligible parentally-placed private school children with disabilities. A unilateral offer of services by an LEA with no opportunity for discussion is not adequate consultation. Only after discussing key issues relating to the provision of special education and related services with all representatives should the LEA make its final decisions with respect to the services to be provided to eligible private school children with disabilities.
Question A-2: What must the consultation process include?
Answer: Section 612(a)(10)(A)(iii) of the Act provides that each LEA must consult, in a timely and meaningful way, with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for parentally-placed private school children. The public agency must consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities. The consultation process must include the following: • The child find process and how parentally-placed private school children suspected of having a disability can participate equitably, including how parents, teachers and private school officials will be informed of the process; • The determination of the proportionate share of federal funds available to serve parentally-placed private school children with disabilities, including the determination of how the proportionate share of those funds was calculated; • How the consultation process among representatives of the agency, private school and of parents of parentally-placed private school children will take place, including how the process will operate throughout the school year to ensure that parentally-placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services; • How, where, and by whom special education and related services will be provided, including a discussion of types of services – including direct services and alternate service-delivery mechanisms, as well as how such services will be apportioned if funds are insufficient to serve all children – and how and when these decisions will be made; and
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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