Children With Disabilities Enrolled by Their Parents in

Private Schools

34 CFR §§ 300.130-300.144

Equitable Participation (EP) Child Find Free and Appropriate Public

Education (FAPE)

The Mandate

IDEA 20 U.S.C. §1412(a)(10)(A)

34 CFR §§300.130-300.144, Children with Disabilities Enrolled By Their Parents in Private Schools

Equitable Participation

Background Who is responsible? Who receives services? What is required? Resources

Equitable ParticipationWho is Responsible?

State level Department of Education General Supervision

Local level Local Education Agency (LEA) The LEA is the Intermediate Unit

Who Receives Services? Children with disabilities who are

enrolled by their parents in private elementary schools and secondary schools in the school district served by a local education agency

Students must meet a two-pronged requirement:

1. Have one of the 13 disabilities; AND2. Be in need of specially designed instruction

Does not apply to preschool children

October 19, 2006

Children with Disabilities Enrolled by Their Parents in

Private Schools Requirements

Child Find/Evaluation Consultation Written Affirmation Complaint Measures Provision of Services

Requirements-Child FindEvaluation by School District of

Residence Parent may also request that their child be evaluated

for special education by their district of residence. The district of residence would conduct the

evaluation. If the child is deemed eligible for

special education, the IEP team would

develop an IEP to offer FAPE to the student

in the public school. FAPE is a Free and Appropriate Public Education.

Requirements-Child Find & Record Keeping

IU may be asked to complete an evaluation to determine the eligibility of a student for special education.

Completed in the time period comparable to other students attending public schools.

Cost of evaluation shall not be charged to EP allocation

IU shall maintain records of numbers of students evaluated, determined eligible and served

Requirements-Child FindEvaluation by IU

A parent may ask the IU in which the private school is located to evaluate their child.

An IU can evaluate a child for eligibility

for the purpose of counting the child in the EP child count and including the child in EP services.

The IU would not offer the child a Free and Appropriate Public Education (FAPE)

October 19, 2006

Requirements-Child FindEvaluation by IU

In addition, the IU must collect data to determine the number of parentally placed children with disabilities attending private elementary and secondary schools located in their geographic region.

October 19, 2006

Requirements-Consultation

IU must consult with private school and parent representatives on:

Child find activities Determination of the proportionate amount

of federal funds and how the amount was calculated

How the process will operate throughout the year

October 19, 2006

Requirements-Consultation (cont.)

How, where and by whom special education and related services will be provided

How services will be apportioned if funds are insufficient to serve all children and how and why these decisions will be made.

If an IU disagrees with the views of the private school officials, the IU shall provide a written explanation of why the IU chose not to provide services directly or through contract.

Requirements-Written Affirmation

When consultation has occurred, the IU shall obtain a written affirmation signed by the representatives of participating private schools and send to the SEA

If the representatives do not provide affirmation within a reasonable time, the LEA must forward to the state documentation of the consultation process (300.135 (b))

Requirements-Complaint Private school officials have the right to file a

complaint with the Bureau of Special Education if the IU did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the private school officials.

Private school official also may submit a complaint to the Office of Special EducationPrograms (OSEP) if it doesn’t agree with the complaint investigation determination of Bureau of Special Education

Requirements-Provision of Services

IU’s must expend an amount of funds on services for students with disabilities enrolled by their parents in non-public schools.

Federal funds (the “proportionate share”) cannot be supplanted by state or local funds.

These services may include: consultation with teacher, training, personnel development, direct services to students and transportation when necessary.

Requirements-Provision of Services (cont.)

Services may be provided by an employee of a public agency; or through contract with another public agency, individual, association, agency, organization or other entity

Special education and related services provided, including materials and equipment shall be secular, neutral and nonideological

Requirements-Provision of Services (cont.)

Students receiving direct services need those services outlined in an EP Services Plan (This is not a Chapter 15 Service Agreement)

If funds are exhausted before the end of the school year, no additional services

would be required to be provided Unexpended funds may be carried over for

one school year.

Considerations

34 CFR §300.137 makes clear that students with disabilities enrolled by their parents in non-public schools do not have an individual right to receive the services they would have

received in public schools EP is not an entitlement to FAPE.

Considerations (cont.)

Equitable participation has evolved from IDEA ’97 to IDEA ’04.

Pennsylvania has a legacy of support to non-public schools.

We will need to work together!!

2015-016 EP FUNDSNEIU EXPENDITURES

Number of eligiblechildren with disabilitiesIn public schools 7067 80 = .0113202In private schools 80 7067

Federal Part B .0113202 X $8,795,299 =Flow-Through $ $8,795,299 LEA receives $99, 564.54 for

proportionate share

Now Some DecisionsThese services may include: Consultation with teacher, training, personnel development, direct services to studentsServices may be provided by an employee of a public agency; or through contract with another public agency, individual, association, agency, organization or other entitySpecial education and related services provided, including materials and equipment shall be secular, neutral and nonideological

Considerations1.) Equitable Participation Specialist, centered around the needs of the child referred.

Consultation with Professional Staff Principals Teachers

Consultation with Parents Regarding the Evaluation Process Speech and Language Services Home Programs

Considerations, Continued In-Services for Requested Topics, for example:

Provide info and direction for Adapting curriculum Provide current resources on specific disabilities and

recommendations for a child’s success. Promote Best Practices in Education Facilitate access to info on Alternative Teaching Strategies Assist in development of modifications of curriculum. Facilitate the Mainstreaming and Inclusion Concepts Assist in the development of new programs or modification of

existing programs. Provide current resources and recommendations for specific

disabilities Function as the IU representative in committees, conferences

and meetings related to services for identified non-public students.

Considerations, Continued

2.) Direct Service

Amount to spend, $99, 564.54This buys 4 days per week or 720 hours per year. An average speech student receives 15 hours per year. So we can serve approximately 48 students once per week, or 96 students once every other week.

DATA

This year 2014-2015We served 47 students

46 speech 1 Hearing

What Makes More Sense for your School ?

ConsiderationsThe ability to reach more students with the

resources available.

1.) Direct Service of 48 students, 1 x per week

2.) Equitable Participation Specialist Increases your resources Guides parents and faculty through the EP, Child

Find Process Reaches more students and professionally

develops faculty to work with all children. Services not limited to speech.

Time to Choose

Open discussion Conclusion on type of service.

Resources Topic brief “Children Enrolled by Their

Parents in Private Schools” http://IDEA.ed.gov

PennLink --July 13, 2006“IDEA 2006 Child Find Duties for Students Enrolled by Parents in Private Schools”

34 CFR §§300.130-300.144 “Children With Disabilities Enrolled by Their Parents in Private Schools”