Private School Children with Disabilities - U.S. Department of Education Updates

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1
 
Children Enrolled by Their
Parents in Private Schools
 
2
 
FINAL REGULATIONS
 
34 CFR §§300.130-300.144 -
Requirements for children with
disabilities enrolled by their
parents in private schools
 
3
 
Key Elements Remaining the
Same
 
No individual right to special education
and related services
Equitable participation based on a process
that includes timely and meaningful
consultation
Proportionate share of Part B funds must
be spent on this population
Program offered to children designated to
receive services is through a services plan
- not an individualized education program
(IEP)
 
4
 
“Parentally Placed”—General
 
School District Responsibility
Which school district is
responsible…
The local educational agency
(LEA) where the private
school is located.
…for decisions
about services to
parentally-placed private
children with disabilities?
 
5
 
Key Changes
 
LEA where the private schools are located is
responsible for child find and provision of
services
Preschool children with disabilities aged 3-5 can
be considered parentally-placed children under
IDEA only if they are enrolled in a private school
that is considered an elementary school
Consent override procedures unavailable
Consent required for disclosure of evaluations
between the LEA of the parent’s residence and
the LEA where the private school is located
 
6
 
Key Changes 
(
cont
.)
 
Private school personnel do not have to meet
requirements for HQT in 34 CFR §300.18
Additional provisions related to expenditures
Consultation requires written affirmation
Private school officials can file a complaint with
the state educational agency (SEA) regarding
consultation process
Clarification provided regarding scope of/
responsibility for due process and state
complaint procedures
 
7
 
Topical Areas
 
Equitable Services
Consultation
Child Find & Individual Evaluations
Expenditures
Services Plans
Highly Qualified Teachers
Due Process & State Complaints
Preschool
 
Equitable Services
 
Equitable Services Determined
34 CFR §300.137
Equitable Services Provided
34 CFR §300.138
 
8
 
9
 
Consultation
 
To ensure timely and meaningful
consultation, an LEA (or SEA) must consult
with private school representatives and
representatives of parents of parentally-
placed private school children with
disabilities during the design and
development of special education and
related services . . .
 
     
34 CFR §
300.134
 
Consultation
 
How are decisions made about services to be
provided to “parentally placed” children with
disabilities?
Each LEA must consult:
with private school representatives and
representatives of parents of “parentally
placed” children with disabilities
in timely and meaningful way
on key issues affecting the ability of eligible
children to participate equitably in IDEA-
funded special education and related services
 
10
 
Consultation
 
What must the consultation
process involve?
Child find
Determining the proportionate share of
IDEA funds available
Determining the consultation process to be
used
How, where, and by whom services will be
provided
Disagreement process for LEA
 
11
 
12
 
Child Find and
Individual Evaluations
 
Each LEA must locate, identify and
evaluate all children with disabilities
who are enrolled by their parents in
private, including religious,…schools
located in the school district served
by the LEA
  34 CFR §300.131(a)
 
13
 
Release of personally identifiable
information
Sharing information between LEAs
 
Protecting Privacy
 
Expenditures
 
Each LEA shall spend a proportionate
amount of its Part B funds on
parentally-placed private school
children
34 CFR §300.133
 
14
 
15
 
 
$152,500∕320
Equals:
 
$476.57
 
per student
 
x 20 students
Equals:
 
$9,531.25
 
for
proportionate
share
 
Number of eligible children
with disabilities
In public schools:
 
300
In private schools:
 
+ 20
Equals:
 
320
Federal Part B
Flow-Through $$
LEA receives:
 
$152,500
 
Expenditures
 
16
 
Expenditures/
Proportionate Share
 
State and local funds may
supplement but not supplant federal
funds for this population
 
34 CFR §300.133(d)
Cost of child find may not be
considered in proportionate share
obligation
34 CFR §300.131(d)
 
17
 
Services Plans
 
Services provided in accordance with
a services plan
34 CFR §300.138(b)
 
Highly Qualified Teachers
 
…private elementary school and
secondary school teachers who are
providing equitable services to
parentally-placed private school children
with disabilities 
do not have to meet 
the
highly qualified special education teacher
requirements of 34 CFR §300.18
34 CFR §300.138(a)(1)
 
18
 
19
 
Do requirements for
“highly qualified”
teachers apply to
personnel providing
equitable services?
If services are provided
by an employee of:
The public agency—
Yes
.
The private school—
No
.
 
Personnel
 
Due Process
 
Any due process complaint regarding
the child find requirements in 34 CFR
§300.131, including §§300.300-
300.311, must be 
filed with the LEA in
which the private school is located
and a copy must be forwarded to the
SEA
34 CFR §300.140(b)(2)
 
20
 
21
 
May parents who have placed their
child with disabilities in a private
school file a due process complaint?
 
Due Process
 
State Complaints
 
Any complaint that an SEA or LEA has
failed to meet the requirements in 34
CFR §§300.132-300.135 and 300.137-
300.144 [regarding parentally-placed
private school children with disabilities]
must be filed in accordance with the
state complaint procedures
34 CFR §300.140 (c)(1)
 
22
 
Complaints
 
Let’s take a look at:
Complaints filed by private school
officials
Complaints filed by parents
 
23
 
Preschool
 
Children aged 3-5 are considered to be
parentally-placed private school children
with disabilities enrolled by their parents
in private, including religious,
elementary schools, if they are enrolled
in a 
private school that meets the
definition of elementary school in 34 CFR
§300.13
34 CFR §300.133(a)(2)(ii)
 
24
 
25
 
Elementary School Definition
 
Elementary school means a nonprofit
institutional day or residential
school, including a public elementary
charter school, that provides
elementary education, as determined
by State law
   34 CFR §300.13
 
26
 
Preschools
 
And what about “parentally
placed” 
preschoolers
?
 
The state’s definition of
elementary school
 directly
affects whether or not
preschool children with
disabilities attending
private schools are
considered for equitable
services
 
27
 
Situation:
Children with disabilities from
one state placed by their parents
in a private school in another
state.
 
The LEA where the private school
is located.
 
Question:
Who’s responsible for conducting
child find activities for such
parentally placed” students?
 
Out-of-State
 
28
 
Contact Information
 
http://sites.ed.gov/idea
 
Sheila Friedman
sheila.friedman@ed.gov
 
Ken Kienas
ken.kienas@ed.gov
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U.S. Department of Education's Office of Special Education Programs has implemented new regulations and key changes regarding children with disabilities enrolled in private schools. The changes include responsibilities of local educational agencies, consent requirements, and clarification on due process procedures for private school children with disabilities. Private school personnel are exempt from meeting specific requirements as outlined in the regulations. These updates aim to ensure equitable participation and provision of services for children with disabilities in private schools.


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  1. Children Enrolled by Their Parents in Private Schools No Child Left Behind U.S. Department of Education Office of Special Education Programs 1

  2. FINAL REGULATIONS 34 CFR 300.130-300.144 - Requirements for children with disabilities enrolled by their parents in private schools U.S. Department of Education Office of Special Education Programs 2

  3. Key Elements Remaining the Same No individual right to special education and related services Equitable participation based on a process that includes timely and meaningful consultation Proportionate share of Part B funds must be spent on this population Program offered to children designated to receive services is through a services plan - not an individualized education program (IEP) U.S. Department of Education Office of Special Education Programs 3

  4. Parentally PlacedGeneral School District Responsibility Which school district is responsible The local educational agency (LEA) where the private school is located. for decisions about services to parentally-placed private children with disabilities? U.S. Department of Education Office of Special Education Programs 4

  5. Key Changes LEA where the private schools are located is responsible for child find and provision of services Preschool children with disabilities aged 3-5 can be considered parentally-placed children under IDEA only if they are enrolled in a private school that is considered an elementary school Consent override procedures unavailable Consent required for disclosure of evaluations between the LEA of the parent s residence and the LEA where the private school is located U.S. Department of Education Office of Special Education Programs 5

  6. Key Changes (cont.) Private school personnel do not have to meet requirements for HQT in 34 CFR 300.18 Additional provisions related to expenditures Consultation requires written affirmation Private school officials can file a complaint with the state educational agency (SEA) regarding consultation process Clarification provided regarding scope of/ responsibility for due process and state complaint procedures U.S. Department of Education Office of Special Education Programs 6

  7. Topical Areas Equitable Services Consultation Child Find & Individual Evaluations Expenditures Services Plans Highly Qualified Teachers Due Process & State Complaints Preschool U.S. Department of Education Office of Special Education Programs 7

  8. Equitable Services Equitable Services Determined 34 CFR 300.137 Equitable Services Provided 34 CFR 300.138 U.S. Department of Education Office of Special Education Programs 8

  9. Consultation How are decisions made about services to be provided to parentally placed children with disabilities? Each LEA must consult: with private school representatives and representatives of parents of parentally placed children with disabilities in timely and meaningful way on key issues affecting the ability of eligible children to participate equitably in IDEA- funded special education and related services U.S. Department of Education Office of Special Education Programs 10

  10. Consultation What must the consultation process involve? Child find Determining the proportionate share of IDEA funds available Determining the consultation process to be used How, where, and by whom services will be provided Disagreement process for LEA U.S. Department of Education Office of Special Education Programs 11

  11. Child Find and Individual Evaluations Each LEA must locate, identify and evaluate all children with disabilities who are enrolled by their parents in private, including religious, schools located in the school district served by the LEA 34 CFR 300.131(a) U.S. Department of Education Office of Special Education Programs 12

  12. Protecting Privacy Release of personally identifiable information Sharing information between LEAs U.S. Department of Education Office of Special Education Programs 13

  13. Expenditures Number of eligible children with disabilities In public schools: In private schools: Equals: $152,500 320 Equals: $476.57 per student 300 + 20 320 x 20 students Equals: $9,531.25 Federal Part B Flow-Through $$ for proportionate share LEA receives: $152,500 U.S. Department of Education Office of Special Education Programs 15

  14. Expenditures/ Proportionate Share State and local funds may supplement but not supplant federal funds for this population 34 CFR 300.133(d) Cost of child find may not be considered in proportionate share obligation 34 CFR 300.131(d) U.S. Department of Education Office of Special Education Programs 16

  15. Services Plans Services provided in accordance with a services plan 34 CFR 300.138(b) U.S. Department of Education Office of Special Education Programs 17

  16. Highly Qualified Teachers private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities do not have to meet the highly qualified special education teacher requirements of 34 CFR 300.18 34 CFR 300.138(a)(1) U.S. Department of Education Office of Special Education Programs 18

  17. Personnel Do requirements for highly qualified teachers apply to personnel providing equitable services? If services are provided by an employee of: The public agency Yes. The private school No. U.S. Department of Education Office of Special Education Programs 19

  18. Due Process Any due process complaint regarding the child find requirements in 34 CFR 300.131, including 300.300- 300.311, must be filed with the LEA in which the private school is located and a copy must be forwarded to the SEA 34 CFR 300.140(b)(2) U.S. Department of Education Office of Special Education Programs 20

  19. Due Process May parents who have placed their child with disabilities in a private school file a due process complaint? Regarding child find requirements Yes Must file with LEA where private school is located Regarding provision of services No Must use State complaint procedure U.S. Department of Education Office of Special Education Programs 21

  20. State Complaints Any complaint that an SEA or LEA has failed to meet the requirements in 34 CFR 300.132-300.135 and 300.137- 300.144 [regarding parentally-placed private school children with disabilities] must be filed in accordance with the state complaint procedures 34 CFR 300.140 (c)(1) U.S. Department of Education Office of Special Education Programs 22

  21. Complaints Let s take a look at: Complaints filed by private school officials Complaints filed by parents U.S. Department of Education Office of Special Education Programs 23

  22. Preschool Children aged 3-5 are considered to be parentally-placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 34 CFR 300.13 34 CFR 300.133(a)(2)(ii) U.S. Department of Education Office of Special Education Programs 24

  23. Elementary School Definition Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined by State law 34 CFR 300.13 U.S. Department of Education Office of Special Education Programs 25

  24. Preschools And what about parentally placed preschoolers? The state s definition of elementary school directly affects whether or not preschool children with disabilities attending private schools are considered for equitable services U.S. Department of Education Office of Special Education Programs 26

  25. Out-of-State Situation: Children with disabilities from one state placed by their parents in a private school in another state. The LEA where the private school is located. Question: Who s responsible for conducting child find activities for such parentally placed students? U.S. Department of Education Office of Special Education Programs 27

  26. Contact Information http://sites.ed.gov/idea Sheila Friedman sheila.friedman@ed.gov Ken Kienas ken.kienas@ed.gov U.S. Department of Education Office of Special Education Programs 28

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