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
children suspected of having disabilities under Part B of the Act, regardless of whether they are enrolled by their parents in private elementary schools or secondary schools, must be conducted in accordance with the requirements in Section 614(a) of the Act, which describes the procedures for evaluations and reevaluations for all children with disabilities. Question B-7: Can amounts expended for child find, including individual evaluations, be deducted from the required amount of funds to be expended on services for parentally-placed private school children with disabilities? Answer: No. There is a distinction under the Act between the obligation to conduct child find activities, including individual evaluations, for parentally-placed private school children with disabilities, and the obligation to use an amount of funds equal to a proportionate amount of the federal grant to provide special education and related services to parentally-placed private school children with disabilities. The obligation to conduct child find, including individual evaluations, exists independently from the services provision; and the costs of child find activities, such as evaluations, may not be considered in determining whether the LEA has spent an appropriate amount on providing special education and related services to parentally-placed private school children with disabilities. Question B-8: In conducting the individual evaluations of suspected children with disabilities enrolled in private schools by their parents, may an LEA exclude children suspected of having certain disabilities, such as those with specific learning disabilities? Answer: No. The LEA where private elementary schools and secondary schools are located must identify and evaluate all children suspected of having a disability as defined under Section 602(3) of the Act. LEAs may not exclude children suspected of having certain disabilities, such as those with specific learning disabilities, from their child find activities. The Department recommends that LEAs and private elementary schools and secondary schools consult on how best to implement the state’s evaluation criteria for identifying children with specific learning disabilities enrolled in private schools by their parents. Question B-9: Which LEA is responsible for ensuring that a reevaluation of each parentally-placed private school child with a disability is conducted at least once every three years? Answer: The LEA where the private elementary school or secondary school is located is responsible for conducting reevaluations of children with disabilities enrolled by their parents in the private elementary and secondary schools located within the district.
C. Provision of Services
BP 2005 – Private Schools and Services
Page 14
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/09)
Made with FlippingBook interactive PDF creator