Answer: No. Children with disabilities enrolled in private schools by their parents have no individual entitlement to receive some or all of the special education and related services they would receive if enrolled in a public school other than child find, including evaluations. Under the Act, LEAs have the obligation to provide the group of parentally-placed private school children with disabilities with equitable participation in the services funded with federal IDEA funds. Question C-3: May an LEA provide additional services to parentally-placed private school children in excess of the required federal equitable participation services requirement that is covered by the federal proportionate share? Answer: Yes. The Act in no way prohibits states or LEAs from spending additional state or local funds to provide special education or related services to parentally-placed private school children with disabilities in excess of those required in Section 612(a)(10)(A) of the Act, consistent with state law or local policy. Question C-4: Prior to the reauthorization of IDEA, if a state were spending more than the federal proportionate share of funds using state funds, then the state would not have to spend any federal dollars on parentally-placed private school children. Is this permissible under the Act? Answer: No. IDEA 2004 added a “supplement, not supplant” requirement in Section 612(a)(10)(A)(i)(IV) of the Act. This requirement provides that state and local funds may supplement but in no case supplant the proportionate amount of the federal IDEA funds required to be expended under this provision. Question C-5: What is the process for developing a services plan for a parentally-placed private school child with a disability? Answer: Each parentally-placed private school child with a disability who has been designated by the LEA in which the private school is located to receive special education or related services must have a services plan. The services plan describes the specific special education or related services that the LEA will provide to the child. The LEA must ensure that a representative of the private school attends each meeting to develop the services plan and, if the representative cannot attend, use other methods to ensure participation by the private school, including individual or conference telephone calls. This provides the opportunity for private school staff to learn more about the child's strengths and needs. Question C-6: What is the difference between an individualized education program (IEP) and a services plan? Answer: Children with disabilities enrolled in public schools or who are publicly-placed in private schools are entitled to a free appropriate public education (FAPE) and must receive the full range of services under Part B that are determined by the child’s IEP team to be necessary to meet the child’s individual needs and provide FAPE. The IEPs for these children generally will be more comprehensive than the more limited services plans developed for parentally-placed private school children with disabilities designated to receive services. A services plan should reflect only the services offered to a parentally-placed private school child with a disability designated to receive services and must, to the extent appropriate, meet the IEP content requirements described in
Chapter 19 - Private Schools and Services, Desert/Mountain SELPA
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As of 11/25/2009
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