Chapter 9: Students Parentally-Placed in Private Schools

34 CFR Section 300.130 - Section 300.144

General Information

Parentally-Placed Private School Students (PPPSS) are children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of an elementary school or secondary school.

The District’s Child Find obligations, however, extend to students who attend private schools located within the physical boundaries of the District, regardless of whether the student is a resident of the District or not. The Child Find process is designed to ensure equitable participation of parentally-placed private school children and an accurate count of those children.

Pursuant to state law, children who are being home-schooled by their parents are not considered parentally-placed private school children for the purposes of receiving special education and related services under the IDEA.

Equitable Services and Services Plans⁶⁵

Any student with a disability who is attending a not-for-profit private school located in the District and is eligible for special education and related services (parentally-placed private school students) may be considered for a services plan.⁶⁶ Parentally-placed private school students do not have an individual right to receive some or all of the special education and/or related services they would receive if they were enrolled in their home District.

Under the IDEA, the District has the responsibility to provide PPPSS an opportunity for equitable participation in the services funded with Federal Part B funds. How, where, and by whom any special education and related services will be provided for PPPSS is determined during the consultation process (described in the next section). After timely and meaningful consultation with private school staff and parents of children with disabilities, the District will make the final decisions about all aspects of services to be made available to the population of students with disabilities attending not-for-profit private schools located in the District. The amount of funds available for these services is based on the District’s proportionate share calculation, which may be used to provide direct or indirect services.⁶⁷ If the parents or private school officials disagree with the decision of the District as to the services, they may pursue resolution via the State’s Complaint Resolution Process.

In the case that the district determines that a PPPSS will receive a services plan, ...a the plan must describe the specific special education and related services that the District will provide. A services plan is reviewed periodically, at least annually, and revised as appropriate. Parents are required participants in the development, review and revision of the services plan.

Consultation with Representatives of Private School Students

To ensure timely and meaningful consultation, the District will consult at least annually with private school representatives and representatives of parents of PPPSS during the design and development of special education and related services for PPPSS.

The consultation process will address the following:

1. The Child Find process and how PPPSS suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process;
2. The determination of the proportionate share of federal funds available to serve PPPSS with disabilities, including the determination of how the proportionate share of those funds was calculated;
3. How the consultation process among representatives of the District, the private schools and parents will take place, and how the process will operate throughout the school year to ensure that children with disabilities identified through the Child Find process can meaningfully participate in special education and related services;
4. How, where, and by whom special education and related services will be provided including a discussion of types of services, and how services will be apportioned if funds are insufficient to serve all children, and how and when decisions regarding services will be made; and
5. If the District disagrees with the views of the private school officials on the provision or the types of services to be provided, the District will provide a written explanation supporting District views related to provisions or the types of services to be provided.

The District will maintain documentation that the consultation has occurred, including a written affirmation signed by representatives of the participating private school(s) showing that they have participated in timely and meaningful consultation that has continued throughout the school year.

After consulting with appropriate representatives for eligible private school students, the District will make the final decision with respect to the services to be provided, including the following:

1. The students who will receive services;
2. The type of services that will be provided;
3. How and where the services will be provided; and
4. How the services provided will be evaluated.

Transportation

If necessary for the student to benefit from or participate in the services plan, the District will provide a PPPSS with transportation from the student’s private school or home to a site other than the private school; and from the service site to the private school, or to the student’s home, depending on the timing of the services. The District may include the cost of the transportation in calculating whether it has spent the proportionate share of Federal Part B funds on providing services to PPPSS.

The District is not required to provide transportation from the student’s home to the private school.

Use of Funding

The District may use funds available under Sections 611 and 619 of IDEA to make public personnel available in other than public facilities:

• To the extent necessary to provide services to students designated to receive services; and
• If those services are not normally provided by the private school.

The District may use funds available under Sections 611 or 619 of IDEA to pay for the services of an employee of a private school to provide services if:

• The employee performs the services outside of his/her regular hours of duty;
• The employee performs the services under public supervision and control; and
• The employee is appropriately qualified, licensed or certified.

The District will not use funds available under Sections 611 or 619 of IDEA for:

• Child Find activities for PPPSS:
• The needs of the private school;
• The general needs of the students enrolled in the private school;
• Financing the existing level of instruction in a private school;
• Repairs, minor remodeling or construction of private school facilities; or
• To otherwise benefit the private school or meet the needs of the private school.

The District will not use funds available under Sections 611 or 619 of IDEA for classes that are organized separately, on the basis of school enrollment or religion, if the classes:

• Are at the same site; and
• Include students enrolled in public schools and students enrolled in private schools.

Equipment and Supplies

The District will keep the title, and exercise administrative control of all property, equipment, and supplies that the district acquires with IDEA funds under Sections 611 or 619 for the benefit of private school students with disabilities. Equipment and non-consumable supplies should be labeled that they were purchased with IDEA funds. The District will maintain an inventory log of such purchases.

The District may place equipment and supplies in a private school for the period of time needed for the program provided that the equipment and supplies are used only for IDEA Part B purposes. Equipment and supplies will only be provided if they can be removed from the private school without remodeling the facility. Equipment and supplies will be removed from a private school if the equipment and supplies are no longer needed for IDEA Part B purposes or removal is necessary to avoid unauthorized use for other than IDEA Part B purposes.

Chapter 9 Appendix

Add supplemental documents/information here

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65. Please note that the IDEA distinguished between profit and nonprofit private schools. If a student is placed in a for-profit private school by their parents the service plans provision do not apply.
66. (add link to service plan information on district website)
67. (add link to proportionate share calculation information on district website)