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Leigh Mccowin
Answer: The IDEA Part B regulations define parentally-placed private school children with disabilities as children with disabilities[8] under 34 C.F.R. 300.8, enrolled by their parents[9] in private, including religious, schools or facilities that meet the definition of elementary school in 34 C.F.R. 300.13 or secondary school in 34 C.F.R. 300.36. This definition does not include children with disabilities placed in or referred to private schools by public agencies who are covered under 34 C.F.R. 300.145 through 300.147. 34 C.F.R. 300.130. (See also Section L of this Q&A document regarding children in for-profit private schools.)
Answer: No. The IDEA and its implementing regulations at 34 C.F.R. 300.301 through 300.311, establish requirements for an LEA when conducting an initial evaluation to determine if a child qualifies as a child with a disability under Part B. These requirements do not apply to private schools.
Answer: An accurate count of the number of eligible private school children with disabilities enrolled by their parents in private schools located in the LEA is needed to calculate the proportionate share of IDEA Part B funds that the LEA must expend annually for services for parentally-placed private school children with disabilities. 34 C.F.R. 300.133(c). (See Section N of this Q&A document for additional information on the proportionate share.)
Answer: The child find provision in 34 C.F.R. 300.111 addresses the responsibility of a State to conduct child find for all children with disabilities residing in the State, including children with disabilities attending private, including religious, elementary and secondary schools. It ensures that all children with disabilities residing in the State are identified, located, and evaluated. Section 300.111, which applies to States, is much broader in scope than 34 C.F.R. 300.131.
The child find provision in 34 C.F.R. 300.131 addresses the responsibility of the LEA where the private school is located to conduct child find for all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the LEA. This provision addresses which children enrolled in private elementary schools and secondary schools by their parents are eligible to receive services under IDEA.
Answer: Consultation is a mandatory process that involves discussions between the LEA, private school officials, and representatives of parents of parentally-placed private school children with disabilities on key issues relating to the equitable participation of eligible private school children with disabilities in Federally-funded special education and related services. (See more on the provision of equitable services in Sections C and D of this Q&A document.) Under 34 C.F.R. 300.134, each LEA (or, if appropriate, an SEA) must consult in a timely and meaningful way 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 for parentally-placed private school children. Effective consultation provides a genuine opportunity for all parties to express their views and to have those views considered by the LEA where private schools are located before that LEA makes any decision that has an impact on services for parentally-placed private school children with disabilities.
If the representatives of participating private schools do not provide the written affirmation within a reasonable period of time, the LEA must forward the documentation of the consultation process to the SEA. 34 C.F.R. 300.135(b). As required by 34 C.F.R. 300.149(a) and 300.600(b)(2), the SEA is responsible for ensuring that LEAs meet all program requirements under Part B of IDEA. This responsibility includes carefully reviewing the documentation to ensure that the LEA made reasonable efforts to meet its obligation to consult in a timely and meaningful way with private school officials and representatives of parents of parentally-placed private school children with disabilities. 34 C.F.R. 300.134. If the LEA has not obtained a written affirmation signed by appropriate private school officials, the SEA may request that the LEA provide a reason for the lack of affirmation. If the reason is that there is a disagreement between the LEA and private school officials, the SEA could facilitate resolution of the differences.
Answer: Timely and meaningful consultation must occur before any decisions are made that will affect the participation of parentally-placed private school children with disabilities in IDEA Part B programs. 34 C.F.R. 300.134. Thus, decisions about services may not be made in advance or in the absence of timely and meaningful consultation. After timely and meaningful consultation has occurred with private school representatives and representatives of parents of parentally-placed private school children with disabilities, the LEA where private elementary schools and secondary schools are located is responsible for making final decisions about all aspects of the services to be provided to parentally-placed private school children with disabilities attending private schools located in the LEA. 34 C.F.R. 300.137(b).
Answer: No. Decisions about which services and the amount of services children with disabilities enrolled by their parents in private schools will receive are made during the consultation process and are based on the needs of the parentally-placed private school children with disabilities designated to receive services. These children have no individual entitlement to receive some or all of the special education and related services they would receive if enrolled in a public school. See 34 C.F.R. 300.137(a).
Answer: Yes. IDEA does not prohibit a State or LEA from using additional State or local funds to provide special education or related services to parentally-placed private school children with disabilities that are in addition to the services required in 34 C.F.R. 300.130 through 300.144, consistent with State law or local policy. Additionally, as long as the LEA meets all the other requirements of IDEA, including providing FAPE to children with disabilities enrolled in public schools, it is permissible for the LEA to spend more IDEA Part B funds than the proportionate amount of IDEA Part B funds on providing special education and related services to children with disabilities placed by their parents in private schools.
Therefore, the total or per capita amount of local, or State and local, funds expended for the education of children with disabilities (which includes the amount of local, or State and local, funds expended for equitable services to children with disabilities placed by their parents in private schools) would have to be maintained, unless adjustments are permitted under 34 C.F.R. 300.205. An LEA is not required to maintain the same amount of local, or State and local, funding for a specific line item or category of expenditures (such as the amount of funds budgeted and spent to provide services to parentally-placed private school children with disabilities).[12] An LEA meets the MOE requirement if it maintains either the total amount or per capita amount of funds when budgeting and expending local, or State and local, funds for the education of children with disabilities.
Answer: Under 34 C.F.R. 300.134, each LEA (or, if appropriate, an SEA), must consult in a timely and meaningful way, 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 for children with disabilities enrolled by their parents in private schools. The consultation process must include a discussion of how that process will operate throughout the school year to ensure that parentally-placed private school children with disabilities can meaningfully participate in special education and related services (see also Section B of this Q&A document). 34 C.F.R. 300.134(c). The discussions could include how to address fluctuations in the population of children to be served, and how to serve children who are identified during the school year in which expenditures are made after the proportionate share calculation for that school year has been determined.
Answer: Yes. States may exceed the IDEA requirements and require teachers in private schools to hold certain credentials or certifications if consistent with State law. If a State establishes requirements that exceed those required by Part B of IDEA or its implementing regulations, the State is required by 34 C.F.R. 300.199(a)(2) to identify in writing to the LEAs located in the State and to the Secretary that such rule, regulation, or policy is a State-imposed requirement that is not required by Part B of IDEA or its implementing regulations.
Answer: The LEA where the private school is located, is responsible for paying for the services to be provided to out-of-State parentally-placed private school children with disabilities attending private elementary and secondary schools located in that LEA. LEAs are required to consult with appropriate private school officials and representatives of parents of parentally-placed private school children with disabilities to determine who will receive services. Under 34 C.F.R. 300.131(f), these out-of-State children must be included in the group of parentally-placed children with disabilities whose needs are considered in determining which parentally-placed private school children with disabilities will be served and the types and amounts of services to be provided.
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