The beginning of another school year is an exciting, but challenging time. As teachers spend time getting to know their classes, they learn students’ strengths and the areas where additional support may be needed.
Some students may be in need of help beyond what your school is already providing so it’s imperative that private school principals understand what their local school district is required to provide for their students with special needs.
The Individuals with Disabilities Education Act (IDEA) is the second largest federal education law that provides funds to states to ensure a Free Appropriate Public Education (FAPE) for eligible children with disabilities and to provide for supplemental special education and related services.
Child Find
The IDEA first requires public school districts to locate and identify any child residing in their district that may have a covered disability, including private school students. This is called “Child Find.”
A private school student will be evaluated once a referral or request has been made to the district. During the evaluation process, professionals employed by your district determine whether the child has a disability and whether that disability significantly impacts the child’s academic progress. For the purposes of the IDEA, private school students are considered “parentally-placed.”
Services
The district is also required to use a proportional share of IDEA funding on equitable services to eligible private school students. Federal law prohibits the transfer of money directly to the private school for these services. For private school students who are found to have a disability and in need of services, the district may write a plan for the services to be provided to the student by the district. This is called a services plan.
It is important to remember that parentally-placed private school students are NOT entitled to any or all of the services they would have received if they were enrolled in a public school. The district is typically only required to write services plans for private school students who are receiving services from the district.
For example, if the district determines that the greatest need amongst a pool of private school students with disabilities is speech language pathology, they may choose to only offer speech language services to private school students. The students’ services plans would include this support.
This also means that a private school student could be identified as a child with a disability, in need of services such as occupational therapy, but NOT be given a services plan nor receive any services from the district if the district is not providing those specific services. The district is allowed to choose which services to provide to parentally-placed private school students.
This situation is not uncommon and can be frustrating for private schools that are striving to provide the best educational opportunities for their students.
However, a district has met their obligations to private school students under the IDEA by carrying out Child Find and by spending a proportional share of IDEA funding on equitable services to eligible parentally-placed private school students.
School and Parent Rights
You may question your district’s identification or lack thereof of one of your school’s students. Only the student’s parents have due process rights available to ensure a fair and accurate evaluation of their child. Their rights are only related to Child Find and the identification of a child as a child with or without a disability. They have no rights related to whether or not the child will receive some or all of the services the district could provide.
Private schools and parents do, however, have the ability to file formal complaints to the state if they have concerns about any of the district’s processes related to Child Find and special education services.
If you have questions about the IDEA and what your students with special needs are entitled to, please contact us.
Connecting the Federal IDEA and the State’s SNSP
The DPI says students who wish to enroll in the state-funded Special Needs Scholarship Program (SNSP) must be provided with an IEP by the local public school district. Read more about this on pages 30-33 in the WCRIS Special Needs Scholarship Program Handbook.
If a district declines that obligation, the DPI says you should contact the DPI’s Special Education Team.
