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
Authority: The requirements for the provision of equitable services are in Section 612(a)(10)(A)(i) and (iii) (V) of the Act, and current 34 CFR §§300.452 through 300.454(a), (b)(4) and (c), and 300.455 through 300.462.
Question C-1: What is the process for making decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities?
Answer: After consultation with private schools representatives and representatives of parents of parentally-placed private school children with disabilities, the LEA is responsible for making final decisions about all aspects of the services to be provided to parentally-placed private school children with disabilities. However, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the LEA must provide to the private school officials a written explanation of the reasons why the LEA chose not to accept the recommendations of the private school officials. Question C-2: Are there any particular kinds of services or specified amounts of services that must be provided to parentally-placed private school children with disabilities under Part B of the Act? Answer: No. Children with disabilities enrolled in private schools by their parents have no individual entitlement to receive some or all of the special education and related services they would receive if enrolled in a public school other than child find, including evaluations. Under the Act, LEAs have the obligation to provide the group of parentally- placed private school children with disabilities with equitable participation in the services funded with federal IDEA funds. Question C-3: May an LEA provide additional services to parentally-placed private school children in excess of the required federal equitable participation services requirement that is covered by the federal proportionate share? Answer: Yes. The Act in no way prohibits states or LEAs from spending additional state or local funds to provide special education or related services to parentally-placed private school children with disabilities in excess of those required in Section 612(a)(10)(A) of the Act, consistent with state law or local policy. Question C-4: Prior to the reauthorization of IDEA, if a state were spending more than the federal proportionate share of funds using state funds, then the state would not have to spend any federal dollars on parentally-placed private school children. Is this permissible under the Act?
Answer: No. IDEA 2004 added a “supplement, not supplant” requirement in Section 612(a)(10)(A)(i)(IV) of the Act. This requirement provides that state and local funds may
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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