Abstract
Introduction
The Individuals with Disabilities Education Act (IDEA) ensures a free appropriated public education (FAPE) for students with disabilities enrolled in public school, but a child with a disability who is parentally placed in a private school has no individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
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However, IDEA does provide the opportunity for equitable participation in child find, special education and related services for students with disabilities enrolled by parents in a private school. IDEA regulations define these parentally placed private school students with disabilities as
children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school in Sec. 300.13 or secondary school in Section 300.36, other than children with disabilities covered under Sec. 300.145 through 300.147. [34 CFR §300.130]
Additionally, IDEA regulations include preschool students in the definition of parentally placed private school students with disabilities if they are enrolled in a private school that meets the definition of elementary school in Sec. 300.13 [34 CFR §300.133(a)(2)(ii)].
Before 2004, the local education agency (LEA) where these children’s parents resided was responsible for engaging in timely and meaningful consultation with private school representatives, conducting a thorough and complete child find process and providing equitable services for students with disabilities. In the 2004 reauthorization of IDEA, a significant change was made—the LEA of location (the LEA in which the private school is located) became the responsible entity. 2 In order to support parentally placed private school students with disabilities, IDEA 2004 explains the process and required considerations for timely and meaningful consultation. 3
This document focuses on state education agency (SEA) support for child find, consultation and provision of equitable service provisions for parentally placed private school students with disabilities. Project Forum at the National Association of State Directors of Special Education (NASDSE) completed this activity as part of its cooperative agreement with the U.S. Department of Education Office of Special Education Programs (OSEP).
Methodology
In July 2008, Project Forum conducted a survey of all state directors of special education to collect information on their efforts to support LEAs in addressing the provisions for parentally placed private school students with disabilities.4, 5 Respondents had the option to reply via email, fax or use an online survey. Thirty-five SEAs responded to the survey.
Findings
Policy and Procedures
Twenty-nine of the 35 respondents indicated that their state has a policy or written procedures for LEAs regarding parentally placed private school students with disabilities. Most state policies mirror the federal regulations. However, recent state legislation in Rhode Island requires the LEA of location to provide a service plan but requires the LEA of residence to provide the services identified in the service plan. Reference information for responding states’ policies or written procedures is provided in Appendix C.
A few respondents indicate that their state policy grants individual entitlement for all public school services, including special education and related services, to parentally placed private school students with disabilities in certain situations.
Nine states 6 grant individual entitlement for students in grades kindergarten through 12.
Eight states 7 grant individual entitlement for preschool students.
Two states, Massachusetts and New York, grant individual entitlement for state residents only. (In Massachusetts, the LEA of residence provides these services for in-state students and the LEA of location provides services for out-of-state students.)
Seven states 8 require that LEAs of residence implement public school services as an individual entitlement for all parentally placed students with disabilities.
Three states require that LEAs of location implement these services (Indiana, Maine and Minnesota).
Guidance and Technical Assistance
States often provide guidance through their websites and/or links to OSEP guidance, electronic newsletters, annual training events, regional meetings, a grant application process, “frequently asked questions” documents and technical assistance requests. Thirty-two of the respondents indicate that their state offers guidance and/or technical assistance to LEAs to ensure parentally placed private school students with disabilities have an opportunity for equitable participation in programs under IDEA. The number of states providing certain types of guidance is provided in Table 1.
Arkansas provides media guidance and a variety of print materials in numerous languages to support LEAs in child find activities. Four states offer none of the guidance described above.
Guidance for parentally placed private preschool-aged students
If the preschool meets the state definition of an elementary school, most states provide guidance regarding parentally placed private preschool-aged students that is the same as the guidance for parentally placed private school-age students. See Appendix C for reference to state statutes, websites and contact information. Respondents from Idaho and California indicated that no formal written guidance is provided, and Wyoming indicates that guidance for preschool-aged students comes from its Department of Health. Missouri defines elementary school by excluding preschool, therefore preschool students are not considered private school students. Delaware also states that preschool is not considered an elementary school and indicated that preschool children can also be served in a community setting. In contrast, Wisconsin statute defines elementary level to include four- and five-year-old kindergarten. Additionally, there are state-funded voluntary preschool programs in Iowa.
Special Circumstances
Out-of-state students
Eleven respondents indicated that LEAs in their states 9 are informed of their responsibility to communicate with out-of-state LEAs of residence and other parties as applicable; however, most state efforts in this circumstance mirror the federal regulations. Four states, Michigan, Ohio, Texas and Wyoming, do not provide specific guidance and Maine provides guidance on a case-by-case basis.
Other
Home schools are considered private schools in Arkansas, Illinois, Missouri, New Mexico and Wyoming. More states may address issues related to students home schooled but respondents did not comment since the survey did not specifically ask about this population.
In Pennsylvania, regional intermediate units are responsible for child find, timely and meaningful consultation, and opportunity for equitable participation for parentally placed private school students.
Conclusions
SEAs support LEAs in addressing the provisions for parentally placed private school students with disabilities primarily by mirroring federal regulations and providing guidance. Some needs revealed through analysis of the survey results might be addressed through additional support from the state level. They include:
facilitating services and communication between LEAs of location and out-of-state LEAs of residence to prevent a gap or duplication in services for students;
clarification in unique situations such as the inclusion of home-schooled students with disabilities in the opportunity to receive equitable participation in special education services or FAPE;
establishing guidance on identifying preschools as meeting or not meeting the definition of an elementary school or excluding preschools from that definition and maintaining separate policy and guidance for preschools; and
delineating the process for LEAs in states that legislate individual entitlement for special education services.
More issues may emerge as states continue to implement the changes regarding the LEA responsible for services for parentally placed private school students with disabilities.
Footnotes
Appendix A
Appendix B
Appendix C
Author’s Note
This report was supported by the U.S. Department of Education (Cooperative Agreement No. H326F050001). However, the opinions expressed herein do not necessarily reflect the position of the U.S. Department of Education and no official endorsement by the Department should be inferred. There are no copyright restrictions on this document; however, please credit the source and support of federal funds when copying all or part of this material. Reprinted from inForum: Brief Policy Analysis, October 2008, courtesy of Project Forum at NASDE. Reprinted with permission.