federal grant to provide special education and related services to parentally-placed private school children with disabilities. The obligation to conduct child find, including individual evaluations, exists independently from the services provision; and the costs of child find activities, such as evaluations, may not be considered in determining whether the LEA has spent an appropriate amount on providing special education and related services to parentally-placed private school children with disabilities. Question B-8: In conducting the individual evaluations of suspected children with disabilities enrolled in private schools by their parents, may an LEA exclude children suspected of having certain disabilities, such as those with specific learning disabilities? Answer: No. The LEA where private elementary schools and secondary schools are located must identify and evaluate all children suspected of having a disability as defined under Section 602(3) of the Act. LEAs may not exclude children suspected of having certain disabilities, such as those with specific learning disabilities, from their child find activities. The Department recommends that LEAs and private elementary schools and secondary schools consult on how best to implement the state’s evaluation criteria for identifying children with specific learning disabilities enrolled in private schools by their parents. Question B-9: Which LEA is responsible for ensuring that a reevaluation of each parentally- placed private school child with a disability is conducted at least once every three years? Answer: The LEA where the private elementary school or secondary school is located is responsible for conducting reevaluations of children with disabilities enrolled by their parents in the private elementary and secondary schools located within the district. C. Provision of Services 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?
Chapter 19 - Private Schools and Services, Desert/Mountain SELPA
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As of 11/25/2009
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