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
for the services to be provided to out-of-state parentally-placed private school children with disabilities. These out-of-state children must be included in the group of parentally-placed children with disabilities whose needs are considered in determining which parentally- placed private school children with disabilities will be served and the types and amounts of services to be provided.
F. Miscellaneous Questions
• Offer of a Free Appropriate Public Education (FAPE)
Question F-1: If a parentally-placed private school child is identified through the child find process as a child eligible for special education and related services, which LEA is responsible for offering FAPE to a parentally-placed private school child with a disability? Answer: If a determination is made that a child has a disability and needs special education and related services, the LEA where the child resides is responsible for making FAPE available to the child. If the parents make clear their intention to keep their child enrolled in the private elementary school or secondary school, the LEA of residence need not develop an IEP for the child.
• Home Schooled Children With Disabilities
Question F-2: Are home-schooled children considered parentally-placed private school children?
Answer: Whether home-schooled children with disabilities are considered parentally-placed private school children with disabilities is determined by the state. If the state recognizes home schools or home day care as private elementary schools and secondary schools, children with disabilities in those home schools or home day care must be treated in the same way as other parentally-placed private school children with disabilities.
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Procedural Safeguards
Question F-3: If the LEA where the private elementary or secondary school is located conducts an individual evaluation on a child and the parents disagree with the evaluation and wish to have an independent educational evaluation (IEE) conducted, to which LEA must the parents bring their request – the LEA where the private school is located, or the LEA where the child resides?
Answer: Parents should file the request for an IEE with the LEA that conducted the evaluation with which the parents disagree.
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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