CHILDREN IN PRIVATE SCHOOLS

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CHILDREN IN PRIVATE SCHOOLS

Authorities: 34 CFR Parts 77, 300; 19 TAC Chapter 89

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice
This framework applies to children with disabilities parentally-placed in private schools. Citations:
300.130
 
DEFINITIONS
Practice

Children with disabilities parentally-placed in private schools means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meets the definition of elementary schools or secondary schools.

 Citations:
300.130
Practice
Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. Citations:
300.13
Practice
Secondary school means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under state law, except that it does not include any education beyond grade 12. Citations:
300.36
Practice
Nonprofit, as applied to an agency, organization, or institution, means that it is owned or operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity. Citations:
77.1(c)
Practice
Services plan means a written statement that describes the special education and related services the local educational agency (LEA) will provide to a child with a disability parentally-placed in a private school who has been designated to receive services, including the location of the services and any transportation necessary. Citations:
300.37
 
CONSIDERATIONS
Practice
No child with a disability parentally-placed in a private school has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school. Citations:
300.137(a)
89.1096(a)
Practice
When the child with a disability who has been placed directly by the parent in a private school is referred to the LEA, the LEA must convene an admission, review, and dismissal (ARD) committee meeting to determine whether the LEA can offer the child a free appropriate public education (FAPE). Citations:
89.1096(b)
Practice
The LEA is not responsible for providing educational services offered by the ARD committee for the child to receive FAPE until such time as the child's parent chooses to enroll the child in the LEA full time. Citations:
89.1096(b)
Practice
The child with a disability may receive some special education and related services, including direct services, if the LEA designates the child to receive services. Citations:
300.132(a)
300.137(c)
 
CHILD FIND FOR CHILDREN WITH DISABILITIES PARENTALLY-PLACED IN PRIVATE SCHOOLS
Practice
The LEA must locate, identify, and evaluate all children with disabilities who are currently enrolled by their parents in private, including religious, elementary schools, and secondary schools located in the LEA. Citations:
300.131(a)
Practice
To determine the number of children with disabilities parentally-placed in and attending private schools located in the LEA, the LEA must: Citations:
300.133(b)
Document
  • Timely and meaningfully consult with representatives of private schools; and
 Citations:
300.133(b)
Practice
  • Conduct a thorough and complete CHILD FIND process.
Citations:
300.133(b)
Practice
The LEA must maintain in its records and provide to the Texas Education Agency (TEA) the following information related to children with disabilities parentally-placed in private schools: Citations:
300.132(c)
Document
  • The number of children evaluated;
 Citations:
300.132(c)(1)
Document
  • The number of children determined to be children with disabilities; and
 Citations:
300.132(c)(2)
Document
  • The number of children served.
 Citations:
300.132(c)(3)
Practice
The LEA must comply with the PROPORTIONATE SHARE FUNDING FOR CHILDREN PARENTALLY-PLACED IN PRIVATE SCHOOLS framework when carrying out its obligations under the CHILD FIND frameworks.
 
CONSULTATION
Practice
The LEA must consult with private school representatives and representatives of the parent of children with disabilities parentally-placed in private schools during the design and development of special education and related services for the children regarding: Citations:
300.134
Practice
  • The Child Find process, including how children with disabilities parentally-placed in private schools suspected of having a disability can participate equitably and how parents, teachers, and private school officials will be informed of the process;
Citations:
300.134(a)
Practice
Citations:
300.134(b)
Practice
  • The consultation process among the LEA, private school officials, and representatives of the parent of children with disabilities parentally-placed in private schools, including how it will operate throughout the school year to ensure that children with disabilities parentally-placed in private schools identified through the CHILD FIND process can meaningfully participate in special education and related services; and
Citations:
300.134(c)
Practice
  • The provision of special education and related services, including how, where, and by whom special education and related services will be provided for children with disabilities parentally-placed in private schools, including a discussion of:
 Citations:
300.134(d)
Practice
    • The types of services, and alternative service delivery mechanisms;
 Citations:
300.134(d)(1)
Practice
    • How special education and related services will be apportioned if funds are insufficient to serve all children with disabilities parentally-placed in private schools; and
Citations:
300.134(d)(2)
Practice
    • How and when decisions regarding services will be made; and
 Citations:
300.134(d)(3)
Document
  • How, if the LEA disagrees with the views of private school officials on the provision or types of services, whether provided directly or through a contract, the LEA must provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.
Citations:
300.134(e)
 
WRITTEN AFFIRMATION
Practice
When timely and meaningful consultation has occurred, the LEA must: Citations:
300.135(a)
Document
  • Obtain a written affirmation signed by the representatives of participating private schools; or
 Citations:
300.135(a)
Document
  • If such representatives do not provide written affirmation within a reasonable period of time, forward the documentation of the consultation process to the TEA.
 Citations:
300.135(b)
 
DEVELOPING THE PROPORTIONATE SHARE SERVICES PLAN
Practice
After ensuring timely and meaningful CONSULTATION, the LEA must make the final decisions with respect to the services to be provided to eligible children with disabilities parentally-placed in private schools. Citations:
300.137(b)
Practice
If the LEA in which the private school is located designates the child parentally-placed in a private school, including an eligible child ages three or four whose parent declined dual enrollment, to receive special education and related services, the LEA must: Citations:
300.132(b)
300.137(c)
89.1096(d)
Practice
  • Initiate and conduct meetings to develop, review, and revise a services plan for the child that describes the specific special education and related services that the child will receive in light of the services the LEA determined it would make available to children with disabilities parentally-placed in private schools;
Citations:
300.137(c)(1)
300.37
300.138(b)(1)
300.138(b)(2)
Practice
  • Ensure that a representative of the religious or other private school attends the meeting; and
 Citations:
300.137(c)(2)
Practice
  • Use other methods to ensure the participation by the religious or other private school, including individual or conference telephone calls if the representative cannot attend.
 Citations:
300.137(c)(2)
Practice
Children with disabilities parentally-placed in private schools may receive a different amount of services than children with disabilities in public schools. Citations:
300.138(a)(2)
 
IMPLEMENTATION OF THE PROPORTIONATE SHARE SERVICES PLAN
Practice
When providing special education and related services for children with disabilities parentally-placed in private schools, the LEA must comply with the PROPORTIONATE SHARE FUNDING FOR CHILDREN PARENTALLY-PLACED IN PRIVATE SCHOOLS and the ADMINISTRATION OF EQUIPMENT frameworks.
Practice
Services may be provided on the premises of private, including religious, schools, to the extent consistent with law. Citations:
300.139(a)
 
USE OF PERSONNEL TO PROVIDE PROPORTIONATE SHARE SERVICES
Practice
The LEA must provide proportionate share services to children with disabilities parentally-placed in private schools: Citations:
300.138(c)
Practice
  • By employees of the LEA; or
Citations:
300.138(c)(1)(i)
Practice
  • Through a contract with an individual, association, agency, organization, or other entity.
Citations:
300.138(c)(1)(ii)
Practice
The LEA may use funds to make public school personnel available in other than public facilities consistent with the PROPORTIONATE SHARE FUNDING FOR CHILDREN PARENTALLY-PLACED IN PRIVATE SCHOOLS framework: Citations:
300.142(a)
Practice
  • To the extent necessary to provide services for children with disabilities parentally-placed in private schools; and
Citations:
300.142(a)(1)
Practice
  • If those services are not normally provided by the private school.
Citations:
300.142(a)(2)
Practice
The LEA may use funds consistent with the USE OF IDEA PART B FORMULA AMOUNTS IN GENERAL framework to pay for services of an employee of a private school to provide services for children with disabilities parentally-placed in private schools, if the employee performs the services:  Citations:
300.142(b)
Practice
  • Outside of his or her regular hours of duty; and
Citations:
300.142(b)(1)
Practice
  • Under public supervision and control.
Citations:
300.142(b)(2)
Practice
When LEA personnel provide proportionate share services to children with disabilities parentally-placed in private schools, the LEA must comply with the SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL framework. Citations:
300.138(a)(1)
Practice
When private elementary school or secondary school teachers provide proportionate share services to children with disabilities parentally-placed in private schools, the private school teachers do not have to meet the requirements of the SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL framework.  Citations:
300.138(a)(1)
 
TRANSPORTATION SERVICES
Practice
If necessary for the child with a disability parentally-placed in a private school to benefit from or participate in the services determined in compliance with this framework, transportation must be provided: Citations:
300.139(b)(1)(i)
Practice
  • From the child's school or the child's home to a site other than the private school; and
 Citations:
300.139(b)(1)(i)(A)
Practice
  • From the service site to the private school, or to the child's home, depending on the timing of the services.
 Citations:
300.139(b)(1)(i)(B)
Practice
The LEA is not required to provide transportation from the child's home to the private school. Citations:
300.139(b)(1)(ii)
Practice
The LEA must provide special transportation with federal funds only when the ARD committee determines that the condition of the child warrants the service in order for the child to receive the special education and related services, if any, set forth in the individualized education program (IEP), and in compliance with the FUNDING frameworks. Citations:
89.1096(e)
 
CONFIDENTIALITY
Practice
The LEA must comply with the CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION framework.
 
RIGHT OF THE PRIVATE SCHOOL OFFICIAL TO SUBMIT A COMPLAINT
Practice
A private school official has the right to submit a complaint to the TEA that the LEA did not: Citations:
300.136(a)
Document
  • Engage in consultation that was meaningful and timely; or
 Citations:
300.136(a)(1)
Document
  • Give due consideration to the views of the private school official.
 Citations:
300.136(a)(2)
Document
The complaining private school official must provide the basis of the noncompliance to the TEA. Citations:
300.136(b)(1)
Document
The LEA must forward the appropriate documentation to the TEA. Citations:
300.136(b)(2)
Practice
If the private school official is dissatisfied with the TEA's decision, the official may submit a complaint to the United States Secretary of Education by providing basis of the noncompliance. Citations:
300.136(b)(3)(i)
Document
If a complaint is submitted to the United States Secretary of Education, the TEA will forward the appropriate documentation to the secretary. Citations:
300.136(b)(3)(ii)
 
DUAL ENROLLMENT
Practice
The parent of an eligible child ages three or four has the right to dual enroll their child in both the public and private school: Citations:
89.1096(c)
Practice
  • Beginning on the child's third birthday; and
 Citations:
89.1096(c)
Practice
  • Continuing until whichever comes first:
    Citations:
    89.1096(c)
    Practice
      • The end of the school year in which the child turns five; or
     Citations:
    89.1096(c)
    Practice
      • The child is eligible to attend the LEA's kindergarten program.
     Citations:
    89.1096(c)
    Practice
    Private school is defined as a private elementary or secondary school, including any preschool, religious school, and institutional day or residential school that: Citations:
    89.1096(a)(1)
    Practice
    • Is a nonprofit entity; and
     Citations:
    89.1096(a)(1)(A)
    Practice
    • Provides elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of children's progress.
    Citations:
    89.1096(a)(1)(B)
    Practice
    In order to be considered a private school, a home school must provide elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of children's progress, but is not required to be a nonprofit entity. Citations:
    89.1096(a)(1)(B)
    89.1096(a)(2)
    Practice
    The LEA where the child resides is responsible for providing special education and related services to the child whose parent choose dual enrollment. Citations:
    89.1096(c)
    Practice
    The LEA must comply with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE frameworks.
    Practice
    The child's ARD committee must develop an IEP designed to provide the child with FAPE in the least restrictive environment appropriate for the child. Citations:
    89.1096(c)(1)
    Document
    From the IEP, the parent and the LEA must determine, based on the requirements concerning placement in the LEAST RESTRICTIVE ENVIRONMENT framework and the policies and procedures of the LEA: Citations:
    89.1096(c)(2)
    Document
    • Which special education and/or related services will be provided to the child; and
     Citations:
    89.1096(c)(2)
    Document
    • The location where those services will be provided.
     Citations:
    89.1096(c)(2)
    Practice
    Complaints regarding the implementation of the components of the child's IEP that have been selected by the parent and the LEA may be filed with the TEA. Citations:
    89.1096(f)
    Practice
    The procedures relating to due process hearings do not apply to complaints regarding the implementation of the components of the child's IEP that have been selected by the parent and the LEA. Citations:
    89.1096(f)
     
    PRIVATE SCHOOL PLACEMENT WHEN FAPE IS AN ISSUE
    Practice

    When the parent elects to place the child with a disability in a private school or facility due to disagreements about FAPE, additional protections apply under the Notice of Procedural Safeguards.

     Citations:
    300.148
      Last Updated : Tue, Apr 04, 2023