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
her regular hours of duty and the employee performs the services under public supervision and control.
Question C-8: Where may equitable services be provided to parentally-placed private school children with disabilities?
Answer: Services offered to parentally-placed private school children with disabilities may be provided on- site at a child’s private school, including a religious school, to t he extent consistent with law, or at another location. In the interests of the child, efforts should be made to provide services as near as possible to the child’s private school so as not to unduly disrupt the child’s education experience. The phrase “extent consistent with law” is statutory, and we interpret it to mean that the provision of services on the premises of a private school takes place in a manner that would not violate the Establishment Clause of the First Amendment to the U.S. Constitution and would not be inconsistent with applicable state constitutions or law.
Question C-9: How is the location where services will be provided to parentally- placed private school children with disabilities determined?
Answer: The location of services is one of the subjects discussed during the consultation process among LEA officials, private school representatives, and representatives of parents of parentally-placed private school children with disabilities. The public agency makes the final decision, after this consultation process.
Question C-10: May private school officials order or purchase materials and supplies needed for the special education and related services and be reimbursed by an LEA?
Answer: No. Private school officials may not obligate or receive Part B funds. The LEA must control and administer the funds used to provide special education and related services to parentally-placed private school children with disabilities, and maintain title to materials, equipment and property purchased with those funds.
Question C-11: May public agency place equipment and supplies for equitable services in a private school?
Answer: The public agency may place equipment and supplies in a private school for the period of time needed for the program. The public agency must ensure that equipment and supplies placed in a private school are used only for Part B purposes and can be removed from the private school without remodeling the private school facility. The public agency must remove equipment and supplies from a private school if the equipment and supplies are no longer needed for Part B purposes or if removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B purposes.
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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