delivery mechanisms, as well as how such services will be apportioned if funds are insufficient to serve all children – and how and when these decisions will be made; and • How, if the LEA representatives disagree 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 will provide to the private school officials, a written explanation of the reasons why the LEA chose not to adopt the recommendations of the private school officials. Question A-3: What records on consultation must an LEA maintain? Answer: When timely and meaningful consultation has occurred, the LEA must obtain a written affirmation signed by the representative of the participating private school. If the representatives do not provide the affirmation with a reasonable period of time, the LEA must forward the documentation of the consultation process to the state education agency (SEA). Question A-4: Do private school officials have the right to complain? Answer: A private school official has the right to complain to the SEA that the LEA did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official. A complaint must provide the basis of the official’s belief that the LEA did not comply with the consultation requirements. The LEA must forward to the SEA appropriate documentation. If the private school official is dissatisfied with the decision of the SEA, the official may submit a complaint to the secretary of the U.S. Department of Education providing the basis of the official’s belief that the LEA did not comply with the consultation requirements, and the SEA must forward the appropriate documentation to the secretary. B. Child Find and Individual Evaluations Authority: The requirements for child find and individual evaluations are in Section 612(a)(10)(A)(i)(II) and (V), 612(A)(10)(a)(ii) and 614(a) of the Act. Question B-1: Which LEA is responsible for conducting child find for parentally-placed private school children? Answer: The LEA where the private school is located. Section 612(a)(10)(A)(i)(II) of the Act makes clear that the LEA, after timely and meaningful consultation with private school representatives, must conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private schools located in the LEA. [Note: Under the prior provisions of the IDEA, the responsibility to conduct child find to parentally- placed private school children rested with the LEA in which the children resided.] Question B-2: How does the LEA meet its child find responsibilities to parentally-placed private school children? Answer: The LEA where the private elementary school or secondary school is located has options as to how it ensures its child find responsibilities are met. For example, it may assume the
Chapter 19 - Private Schools and Services, Desert/Mountain SELPA
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As of 11/25/2009
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