INPAC Panel Discussion IDEA Special Education for Private

Schools

Stephen Freeman – Executive Chairman of the Board of Directors- 9/26/13

IDEA OVERVIEW FOR PARENTALLY PLACED PRIVATE SCHOOL STUDENTS

• IDEA is unique among federal education programs.o Both a civil rights statute and a federal education program

• Civil rights responsibilities of the LEAo Child Find: identify, locate, and evaluate any child suspected of having

a disability (including re-evaluations at least once every three years)o Child Find must be completed within 60 days parental consent. o LEA must offer Students with a disability, a free, appropriate, public

education (FAPE)• If parent refuses FAPE, the LEA’s civil rights responsibilities are completed.

• Now only the federal education program portion of the law applies to the “parentally placed private school students (PPPSS).”

• IDEA provides less than 20% of the funding for children with disabilities.

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FUNDING AND SERVICES TO PARENTALLY PLACED PRIVATE SCHOOL STUDENTS

• Funds for serving PPPSS are generated by the ratio of the number of private school children found to have a disability (Child Find) vs. all children with disabilities.

• This proportional share of funds is used to serve the group PPPSS.

• Refusing FAPE, parents gave up child’s individual entitlement to services.

• The group of PPPSS with disabilities is served in the amount of funds generated by the Child Find count.

• As federal funding is less than 20% of what’s needed, it is unlikely that all members of the group of PPPSS will be fully served through IDEA funds.

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SERVICES FOR PARENTALLY PLACED PRIVATE SCHOOL STUDENTS

• Response to Intervention (RTI) not required of private schools as a condition for their students to participate in Child Find.

• Private schools should document interventions and accommodations made to support children suspected of disabilities.

• PPPSS receiving services are given an Individual Services Plano ISP is similar to an IEP—many of the same procedural requirementso ISP only contains the services being provided by IDEA; no services or

accommodations provided outside of IDEA are included on the ISPo If student is not receiving IDEA services, the student does not receive an ISP

• Services can be provided directly by the LEA or through a third party provider.

• Funds not spent on PPPSS in the school year must be carried over for one year.

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SAFEGUARDS

• Sign off of the consultation process is required (as it is in Title I).

• If consultation is not conducted or not conducted appropriately, or if the consultation does not lead to services as required by the law, the private school officials have a right to submit a formal complaint to the state.

• If the state does not resolve the complaint in a reasonable period of time or to the satisfaction of the private school officials, the complaint can be appealed to the U.S. Secretary of Education.

• If private school officials request a third party provider and the district does not grant this request, the LEA must provide a written analysis of reasons for their refusal .

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