Serving Students with Disabilities in Iowa’s Accredited Nonpublic Schools. Iowa Department of Education September 8, 2010. Agenda. Federal law (20 U.S.C. § 1412(a)(10)) Proportionate Share Consultation Process State law (Iowa Code § 256.12) “In the same manner and to the same extent”
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Iowa Department of Education
September 8, 2010
This presentation deals with accredited nonpublic schools only.
Unaccredited “schools”? Home-schooled children?
The IDEA addresses three ways children with disabilities are educated in nonpublic schools.
The difference between the second and third bullet is “provide me services” vs. “write me a check.”
Three Key Steps
Five required topics
One consultation process per AEA
Public agency representatives
Nonpublic school representatives (Every private school? May be a good idea, but not required.)
Parents of children with disabilities who attend nonpublic schools.
“I don’t want an IEP. I want a ‘services plan’ instead.”
“I don’t want an IEP. I want a ‘§ 504 Plan’ instead.”
The consultation process is at the AEA level.
The consultation process concerns support services.
☑special education consultant services
☑educational strategist services ☑audiology
☑occupational therapy ☑physical therapy
☑school psychology ☑school social work
☑special education nursing services
Affirmation of consultation or documentation of consultation (file with DE by June 30 of each year).
Appeal regarding consultation process.
State complaints & due process hearings regarding services.
FORM: Appendix B
FORM: Appendix C
Special education services provided “in the same manner and to the same extent” in accredited nonpublic schools as public schools. Iowa Code § 256.12(2)
“In the same manner and to the same extent” is a floor and a ceiling. No more and no less.
→Services must be required by an IEP.
→Secular, neutral, and nonideological.
There are four types of services that are provided on the nonpublic school’s site, with the nonpublic school’s permission.
―at the discretion of the school district or area education agency
― with the permission of the lawful custodian of the property
Has an IEP because of physical disabilities. Her IEP calls for, among other things, a daylong 1:1 aide to assist with instruction.
CSD and AEA propose providing the 1:1 aide at the school Sharon would attend.
Sharon’s parents and nonpublic school staff insist on on-site services.
1. Is the child an eligible individual?
2. Is the nonpublic school accredited?
3. What services are called for in the child’s IEP?
4. What does § 256.12 say about location of services?
5. For instructional services, the AEA assigns a weight to the child.
6. Ensure any services provided are provided in accordance with the law: “secular, neutral, and nonideological,” etc.
7. For LEA services under 256.12, submit a claim for actual costs to the DE by August 1 of the following school year.
“If a child is enrolled, or is going to enroll in a private school that is not located in the LEA of the parent's residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the LEA where the private school is located and officials in the LEA of the parent's residence.”
FORM: Appendix D
Both require an IEP. Both require secular services.
Remainder of Support Services