BACKGROUND
Private school children with disabilities are children ages 3-22 who are eligible for special education and related services and are voluntarily enrolled by their parents in private schools or facilities that meet the definition of “elementary” or “secondary” school (E.C. § 56170). Private school children with disabilities do not have individual rights to receive some or all of the special education services that they would receive if enrolled in a public (or publicly funded) program.
A school district is not required to pay for the cost of special education and related services of a child with a disability at a private school or facility if it made FAPE available and the parents elect to place their child in the private school. Pursuant to federal and state laws and regulations, however, each district must spend a proportionate share of federal state grant funds allocated under Part B to provide special education and related services to students with disabilities who are eligible for special education services and are enrolled in private schools located within the district boundaries (20 U.S.C. § 1412(a)(10)(A) and E.C. § 56173). Provision of these special education and related services to private schools will be limited to those services selected by participating LEAs within the SELPA following consultation with private school representatives and representatives of parents of parentally placed private school children with disabilities (20 U.S.C. § 1412(a)(10)(A)(iii) and E.C. 56174.5(b)).
IDENTIFICATION, REFERRAL, AND ASSESSMENT (E.C. § 56171 and 20 U.S.C. § 1412(a)(10)(A)(ii))
LEAs are required to locate, identify, and assess students who may need special education. Child find activities for students enrolled in private schools must be comparable to those undertaken for students enrolled in public schools. The procedures outlined previously for identification, referral, and assessment shall be followed when considering parentally placed private school students for special education eligibility.
The district within which the private school is located is responsible for these activities. If the district that will be conducting the assessment is other than the student’s district of residence, that district will request permission from the parent to exchange information with the district of residence in order to facilitate communication between the two districts regarding the assessment and subsequent activities.
The district of location and the district of residence may enter into an agreement that, with written parental consent, allows the district of residence to collaborate with the district of location in the initial evaluation or to conduct the initial evaluation.
FREE AND APPROPRIATE PUBLIC EDUCATION
The district that conducted the assessment must convene a meeting to determine eligibility for special education and related services 20 U.S.C. § 1412(a)(10)(A)(ii) and E.C. § 56171). Representatives from the student’s district of residence shall be invited to participate in this meeting. If the parents express an interest in enrolling their eligible child in a public or publicly funded program, the student’s district of residence must provide an offer of FAPE through the development of an IEP. An offer of FAPE is not necessary if the parent does not express an interest in public school enrollment. Following parent consent and enrollment of the student in the public school, the district will implement the developed IEP.
REFERRALS
Private Schools can email the Hollister School District Special Education Department regarding referrals for special education testing. The Private School is asked to send over a copy student achievement data, intervention outcomes, and an HSD Referral Packet that outlines needs and how those needs have been addressed. Referrals will be reviewed and if assessments are warranted the assessment team will follow assessment timelines to submit an assessment plan to the parents of the student being referred.
For more information, please contact our Special Education Department at 831-630-6300 x350.