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
Question C-12: May Part B funds for equitable services be paid directly to a private school?
Answer: No. Part B funds for equitable services may not be paid directly to a private school.
Question C-13: May Part B funds for equitable services be used for repairs, minor remodeling or construction of private school facilities?
Answer: No. Part B funds for equitable services may not be used for repairs, minor remodeling, or construction of private school facilities.
D. Preschool Children with Disabilities
Question D-1: Do the child find and equitable participation requirements apply to children with disabilities, aged three through five, enrolled by their parents in private elementary schools? Answer: Yes, under certain conditions. The requirements in Section 612(a)(10) of the Act regarding child find and equitable participation are fully applicable to children with disabilities aged three through five enrolled by their parents in private elementary schools. A private preschool or day care program is considered an elementary school if it meets the definition of elementary school in Section 602(6) of the Act. The Act defines an elementary school as a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education, as determined under state law.
E. Out-of-State Students with Disabilities
Question E-1: What is the responsibility of the LEA where the private elementary schools and secondary schools are located to conduct child find activities for parentally-placed private school children who reside outside the state? Answer: Section 612(a)(10)(A)(i) of the Act makes clear that the LEA where the private elementary schools and secondary schools are located is responsible for conducting child find, including individual evaluations, of all parentally-placed private school children suspected of having a disability. This includes children from other states attending private elementary schools and secondary schools located in the LEA.
Question E-2: Who is responsible for determining and paying for services provided to out-of-state parentally-placed private school children with disabilities?
Answer: The LEA where the private elementary schools and secondary schools are located, in consultation with private school officials and representatives of parents of parentally- placed private school children with disabilities, is responsible for determining and paying
BP 2005 – Private Schools and Services
Page 18
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/09)
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