IDEA Requirements for Children with Disabilities in Faith-Based Schools

Abstract

Children with disabilities enrolled by their parents in private schools do have certain rights to services under the Individuals with Disabilities Education Act (IDEA). The specific requirements of IDEA for students enrolled in private schools are summarized, with an emphasis on those students enrolled in faith-based schools. Although it is clear that the extent to which IDEA does apply to children in private schools is limited, there are implications for the amount of federal flow-through funds that are available for the provision of special education services to this group of students. Specific suggestions for cooperation between public schools and private school personnel are made, with the goal of maximizing the IDEA benefits for children with disabilities in private schools.

Get full access to this article

View all access options for this article.

References

Agostini v. Felton, 521 U.S. 203 (1997).

Aguilar v. Felton, 473 U.S. 402 (1985).

Education Department General Administrative Regulations, 34 C.F.R. §§ 300.403(a) & 300.450—300.462 ().

Education for All Handicapped Children Act of 1975, 20 U.S.C. § 1400 et seq.

Fowler v. Unified School District, 107 F.3d 797, 116 Ed. Law Rep. 547 (10th Cir. 1997). Vacated ans rem'd 117 S. Ct 2503 (1997).

Grand Rapids School District v. Ball, 473 U.S. 373, 105 S. Ct. 3216, 87 L. Ed. Law Rep. 1006 (1985).

Individuals with Disabilities Education Act of 1990, 20 U.S.C. § 1400 et seq.

Individuals with Disabilities Education Act Amendments of 1997, P.L. 105-17, 20 U.S.C. § 1400 et seq.

Latham, P.S. (2000). Private schools and public services under IDEA . Learning Disabilities: A Multidisciplinary Journal, 10, 21—24.

10.

McDonald, D. (2000). Some are more equal. Momentum , 31(1), 63—64.

11.

National Center for Educational Statistics. ( 2001). Private school universe survey: 1999—2000. Washington, DC: U.S. Department of Education.

12.

Office of Special Education Programs. (2000 , May). Questions and answers on obligations of public agencies in serving children with disabilities placed by their parents at private schools (Report No. OSEP-00-14). Washington, DC: U.S. Department of Education. (ERIC Document Reproduction Service No. ED450522)

13.

Osborne, A.G. , DiMattia, P. , & Russo, C.J. (1998). Legal considerations in providing special education services in parochial schools. Exceptional Children, 64, 385—394.

14.

Osborne, A.G. , Russo, C.J. , & DiMattia, P. (2000). IDEA '97: Providing special education services to students voluntarily enrolled in private schools. The Journal of Special Education, 33, 224—231.

15.

Peter v. Wedl, 155 F.3d 992(8th Cir. 1998).

16.

Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

17.

Van Dyk, B. , & Newman, B. (1994). For all God's children: Inclusive education. Christian Educators Journal, 34, 12—13.

18.

Walsh, M. (1997). Court avoids religious-freedom law, defers on special education case. Education Week, 16(40), 21.