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INDIVIDUALS WITH DISABILITIES EDUCATION ACT IDEA

2. IDEA

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INDIVIDUALS WITH DISABILITIES EDUCATION ACT IDEA

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    1. INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) Parentally Placed Children with Disabilities in Private Schools

    2. 2 IDEA ‘97 and Part B Regulations Do not alter or diminish LEA’s obligations to ensure the equitable participation of parentally placed private school children with disabilities in programs assisted or carried out under Part B. Parentally placed private school students with disabilities do not have an individual entitlement to services under IDEA.

    3. 3 Child Find Child find activities must be comparable to those for public school students. Child find activities must be developed in consultation with private school officials to assure access. Child counts are used to determine the portion of federal IDEA funds to be used to serve private school students with disabilities. Due process rights of parents of parentally placed private school children with disabilities apply only to child find and evaluation.

    4. 4 Milwaukee Child Find Information Questions about possible referrals for suspected Exceptional Educational Needs can be directed to the local Child Find office at: (414) 475-8593

    5. 5 Annual Count of Children with Disabilities LEA officials must consult with representatives of private school children about how to conduct the annual child count of private school children with disabilities. Yearly child counts for public and private schools must be conducted on same date (Dec. 1 or the last Friday in Oct.).

    6. 6 Federal Funds The LEA must spend a proportionate share of its federal IDEA funds on services to parentally placed children with disabilities in private schools. The costs associated with child find for private school students with disabilities cannot be considered in determining the proportionate share.

    7. 7 State and Local Funds State and local funds may be used to provide services to private school students with disabilities. States and local education agencies may provide services to students with disabilities in excess of those required under Part B.

    8. 8 Consultation with Representatives of Parentally Placed Private School Children “Timely and meaningful” Which children will receive services? What services will be provided? How will the services be provided? Where will the services be provided? How will the services be evaluated?

    9. 9 Consultation takes place in light of... Available federal IDEA funds. Number of private school students with disabilities. Location of private school students with disabilities. Needs of private school students with disabilities.

    10. 10 Services Plan Each parentally placed private school child with disabilities who will receive services under IDEA must have a services plan. A services plan describes the specific special education and related services the LEA will provide.

    11. 11 Services Plan (cont.) Must, to the extent appropriate, meet the content requirements of an IEP. Must, to the extent appropriate, be developed, reviewed, and revised consistent with IEP procedures. LEA must ensure that a private school representative attends or otherwise provides input. Due process rights for parents do not apply to services plans. State complaint procedures exist to resolve issues.

    12. 12 Location of Services Services may be on-site at the private school, including religiously-affiliated private schools, to the extent consistent with law. To the extent possible, LEAs are encouraged to provide services at the private school.

    13. 13 Transportation If services are not on the private school site, transportation must be provided if necessary for the child to benefit from or participate in the services provided under IDEA. LEAs are not required to transport children from home to the private school. The cost of transportation may be included in the total proportionate share of federal IDEA funds for parentally placed private school students with disabilities.

    14. 14 For More Information Office of Non-Public Education (ONPE) 202-401-1365 E-mail: OIIANon-PublicEducation@ ed.gov Web site: www.ed.gov/offices/OIIA/NonPublic Maureen.dowling@ed.gov Office of Special Education Programs (OSEP) 202-205-5507 Web site for State contacts: www.ed.gov/offices/OSERS/OSEP/state_contact_list.html IDEA Local Implementation by Local Administrators Partnership (ILIAD) at the Council for Exceptional Children: www.ideapractices.org

    15. 15 Milwaukee Public Schools Contact Information... Contact Dare Boling Coordinator of Nonconventional Programs MPS Division of Special Services MPS Central Service, room 272 5225 W. Vliet St. Milwaukee, Wi E-mail: bolingdm@mail.milwaukee.k12.wi.us (414) 475-8139

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