Section 614(d) of the Act, or, when appropriate, for children aged three through five, the Individual Family Services Plan (IFSP) requirements described in Section 636(d) of the Act as to the services that are to be provided. Question C-7: Who provides equitable services to parentally-placed private school children with disabilities? Answer: Equitable services must be provided by employees of a public agency or through contract by the public agency with an individual, association, agency, organization or other entity. An LEA may use Part B funds to make public school personnel available in other than public facilities to the extent necessary to provide equitable services for private school children with disabilities and if those services are not normally provided by the private school. An LEA may use Part B funds to pay for the services of an employee of a private school to provide equitable services if the employee performs the services outside of his or her regular hours of duty and the employee performs the services under public supervision and control. Question C-8: Where may equitable services be provided to parentally-placed private school children with disabilities? Answer: Services offered to parentally-placed private school children with disabilities may be provided on-site at a child’s private school, including a religious school, to the extent consistent with law, or at another location. In the interests of the child, efforts should be made to provide services as near as possible to the child’s private school so as not to unduly disrupt the child’s education experience. The phrase “extent consistent with law” is statutory, and we interpret it to mean that the provision of services on the premises of a private school takes place in a manner that would not violate the Establishment Clause of the First Amendment to the U.S. Constitution and would not be inconsistent with applicable state constitutions or law. Question C-9: How is the location where services will be provided to parentally-placed private school children with disabilities determined? Answer: The location of services is one of the subjects discussed during the consultation process among LEA officials, private school representatives, and representatives of parents of parentally- placed private school children with disabilities. The public agency makes the final decision, after this consultation process. Question C-10: May private school officials order or purchase materials and supplies needed for the special education and related services and be reimbursed by an LEA? Answer: No. Private school officials may not obligate or receive Part B funds. The LEA must control and administer the funds used to provide special education and related services to parentally-placed private school children with disabilities, and maintain title to materials, equipment and property purchased with those funds. Question C-11: May public agency place equipment and supplies for equitable services in a private school?
Chapter 19 - Private Schools and Services, Desert/Mountain SELPA
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As of 11/25/2009
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