As a Special Education Director, one of the common questions I encounter is about the rights and services available to students with disabilities who are parentally placed in private schools. This blog aims to shed light on this topic and provide key insights into the legal framework and practical considerations involved.
Understanding Equitable Services
Unlike their peers in public schools, parentally placed private school students with disabilities are not entitled to a Free Appropriate Public Education (FAPE). Instead, they are eligible for equitable services determined by the Local Education Agency (LEA). This means that while these students may receive some special education services, they do not have an individual right to all the services they would receive if enrolled full-time in a public school.
The Services Plan
For students who do receive services, the LEA must develop a Services Plan, not an Individualized Education Program (IEP). The Services Plan is a collaborative effort involving the parents, private school representatives, and public school representatives. Here's what it includes:
- Demographic information
- Educational concerns from parents, private school representatives, and public school representatives
- Service delivery plan schedule, including initiation date, duration, service description, hours per week, and service location
- Measurable annual goals for services
- Documentation of meeting participation
- Notice to parents regarding the availability of FAPE
- Parent/adult consent for services
Location and Transportation
The location of services is decided during the consultation process between the LEA, private school representatives, and parents. The final decision rests with the LEA and may include the premises of the private school. If transportation is necessary for the student to benefit from or participate in the services, the LEA must provide it at no cost to the parents.
Parental Participation
Parents play a crucial role in the development of the Services Plan, similar to their involvement in creating an IEP. This ensures that the plan is tailored to meet the specific needs of the student.
Consultation Process
The LEA is required to engage in an annual consultation process with private school representatives and parents. This process covers several key issues, including:
- Child find process for identifying students with disabilities
- Determination of the proportionate share of funds
- How the consultation process will operate throughout the school year
- How, where, and by whom special education and related services will be provided
- How decisions will be made if funds are insufficient to serve all students
- How disagreements between the LEA and private school officials will be addressed
Special Considerations
In Montana, homeschooled students registered with the county superintendent of schools are considered parentally placed private school students and must be included in the consultation process. However, preschool-aged children (ages 3-5) are entitled to FAPE through an IEP, regardless of their attendance in a private school.
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