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IDEA, Part B Equitable Services to Children Unilaterally Enrolled by their Parents in Private Schools. Participation & Equitable Services. Parentally-Placed Private School Children Have the Right to Participate in the Determination of Equitable Services. No entitlement to FAPE.

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IDEA, Part BEquitable Services to Children Unilaterally Enrolled by their Parents in Private Schools


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Participation & Equitable Services

Parentally-Placed Private School Children Have the Right to Participate in the Determination of Equitable Services. No entitlement to FAPE.

  • Who are these children?

    • Voluntarily enrolled by their parents in private schools

      • Not placed in private school by school district to receive FAPE.

  • No individual right to equitable services

    • Cannot file due process complaint based on an individual right to services, BUT can file due process complaint on private school child find rights.

    • May also file a special education citizen complaint.


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For Unilaterally Enrolled Private School Students Eligible for Special Education Services

*Service Plan

+Individualized Education Plan


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Private School Consultation Requirements for Special Education Services

  • “Timely and meaningful” consultation

  • Who?

    • Private school representatives

    • Representatives of parents of parentally-placed private school children with disabilities

  • About what?

    • Child find process

      • How can eligible children equitably participate?

      • How will parents, teachers & private school officials be informed of process?

  • Proportionate share of Part B funds

    • Determination of proportionate share - How calculated Appendix B to Part 300 of IDEA regulations


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Private School Consultation Requirements for Special Education ServicesAbout what? (continued)

  • Consultation process

    • How it will operate throughout year to ensure parentally-placed private school children with disabilities can meaningfully participate?

  • Provision of special education & related services

    • How, where, by whom

    • Types of services – direct or alternative delivery mechanism

    • How apportioned if funds insufficient for all

    • How and when decisions will be made

  • School district makes final decisions!

    (Provide Notice to Private Schools)


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Proportionate Share Set-Aside for Special Education Services

  • Must spend proportionate share of Part B subgrant funds on providing special education and related services

  • Plus any unused carryover from previous year. § 300.133(a)(3)


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Proof of Consultation for Special Education Services

Signed, written affirmation after consultation occurs – from representatives of participating private schools

If no affirmation provided within a “reasonable period of time” after consultation, forward documentation of consultation process to OSPI in iGrants 267 appendix.


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Private School Officials’ Right for Special Education Servicesto Submit Complaint

  • Complaint to OSPI

    • Similar to right of complaint by private schools under NCLB

  • Basis of complaint

    • Consultation was not “meaningful and timely”; and/or

    • School district did not give due consideration to views of private school officials or parent representatives


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DISCLAIMER for Special Education Services

Training provided today is meant to supplement and not supplant reading bulletins and accompanying documents; guidance from the U.S. Department of Education; chapter 392-172A WAC; Part 300 of the federal regulations; and, the Individuals with Disabilities Act. This presentation and/or materials should be viewed and applied by users according to their specific needs. The presentation should be used as guidance and is not intended as legal advice.

Douglas H. Gill, Ed.D., Director, Special Education, OSPI


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What Questions Do You Have? for Special Education Services

  • Q and A: Questions and Answers On Serving Children With Disabilities Placed by Their Parents at Private Schools (April 2011)

    • http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C

  • WAC 392-172A-04000 through 04700 (State)

  • 34 CFR §§300.130 through 300.144 (Federal)


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