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IDEA, Part BEquitable Services to Children

Unilaterally Enrolled by their Parents in Private Schools

Participation & Equitable Services

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Parentally-Placed Private School Children Have the Right to Participate in the Determination of

Equitable Services. No entitlement to FAPE.• Who are these children? – Voluntarily enrolled by their parents in private

schools• Not placed in private school by school district to

receive FAPE.

• No individual right to equitable services– Cannot file due process complaint based on an individual

right to services, BUT can file due process complaint on private school child find rights.

– May also file a special education citizen complaint.

For Unilaterally Enrolled Private School Students Eligible for Special Education Services

Child Find Obligations Residency What services can be accessed?

The district in which the private school is located.

Student resides in the district in which private school is located.

Proportional share services (equitable services through a SP*) through the district in which the private school is located.OR students may part time enroll in the district in which they reside and receive services through an IEP+.

Student does not reside in the district in which private school is located.

Proportional share services (SP) through the district in which the private school is located. Students may part time enroll in the district in which they reside and receive services through an IEP.

*Service Plan+Individualized Education Plan

Private School Consultation Requirements

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• “Timely and meaningful” consultation• Who? – Private school representatives– Representatives of parents of parentally-placed private

school children with disabilities• About what?– Child find process

• How can eligible children equitably participate?• How will parents, teachers & private school officials be

informed of process?• Proportionate share of Part B funds– Determination of proportionate share - How calculated

Appendix B to Part 300 of IDEA regulations

Private School Consultation RequirementsAbout what? (continued)

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• Consultation process– How it will operate throughout year to ensure

parentally-placed private school children with disabilities can meaningfully participate?

• Provision of special education & related services– How, where, by whom– Types of services – direct or alternative delivery

mechanism– How apportioned if funds insufficient for all– How and when decisions will be made

• School district makes final decisions! (Provide Notice to Private Schools)

Proportionate Share Set-Aside

Must spend proportionate share of Part B subgrant funds on providing special education and related services

Plus any unused carryover from previous year. § 300.133(a)(3)

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Proof of Consultation

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• Signed, written affirmation after consultation occurs – from representatives of participating private schools

• If no affirmation provided within a “reasonable period of time” after consultation, forward documentation of consultation process to OSPI in iGrants 267 appendix.

Private School Officials’ Right to Submit Complaint

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• Complaint to OSPI – Similar to right of complaint by private schools

under NCLB

• Basis of complaint – Consultation was not “meaningful and timely”;

and/or– School district did not give due consideration to

views of private school officials or parent representatives

DISCLAIMER Training provided today is meant to supplement and not supplant reading bulletins and accompanying documents; guidance from the U.S. Department of Education; chapter 392-172A WAC; Part 300 of the federal regulations; and, the Individuals with Disabilities Act. This presentation and/or materials should be viewed and applied by users according to their specific needs. The presentation should be used as guidance and is not intended as legal advice.

Douglas H. Gill, Ed.D., Director, Special Education, OSPI

What Questions Do You Have?

• Q and A: Questions and Answers On Serving Children With Disabilities Placed by Their Parents at Private Schools (April 2011)– http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C

• WAC 392-172A-04000 through 04700 (State)• 34 CFR §§300.130 through 300.144 (Federal)

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