1. INPAC Panel Discussion IDEA Special Education for Private Schools Stephen Freeman – Executive Chairman of the Board of Directors- 9/26/13

2. IDEA OVERVIEW FOR PARENTALLY PLACED PRIVATE SCHOOL STUDENTS IDEA is unique among federal education programs. o Both a civil rights statute and a federal education program Civil rights responsibilities of the LEA o Child Find: identify, locate, and evaluate any child suspected of having a disability (including re-evaluations at least once every three years) o Child Find must be completed within 60 days parental consent. o LEA must offer Students with a disability, a free, appropriate, public education (FAPE) If parent refuses FAPE, the LEA’s civil rights responsibilities are completed. Now only the federal education program portion of the law applies to the “parentally placed private school students (PPPSS).” IDEA provides less than 20% of the funding for children with disabilities. 2

3. FUNDING AND SERVICES TO PARENTALLY PLACED PRIVATE SCHOOL STUDENTS Funds for serving PPPSS are generated by the ratio of the number of private school children found to have a disability (Child Find) vs. all children with disabilities. This proportional share of funds is used to serve the group PPPSS. Refusing FAPE, parents gave up child’s individual entitlement to services. The group of PPPSS with disabilities is served in the amount of funds generated by the Child Find count. As federal funding is less than 20% of what’s needed, it is unlikely that all members of the group of PPPSS will be fully served through IDEA funds. 3

4. SERVICES FOR PARENTALLY PLACED PRIVATE SCHOOL STUDENTS Response to Intervention (RTI) not required of private schools as a condition for their students to participate in Child Find. Private schools should document interventions and accommodations made to support children suspected of disabilities. PPPSS receiving services are given an Individual Services Plan o ISP is similar to an IEP—many of the same procedural requirements o ISP only contains the services being provided by IDEA; no services or accommodations provided outside of IDEA are included on the ISP o If student is not receiving IDEA services, the student does not receive an ISP Services can be provided directly by the LEA or through a third party provider. Funds not spent on PPPSS in the school year must be carried over for one year. 4

5. SAFEGUARDS Sign off of the consultation process is required (as it is in Title I). If consultation is not conducted or not conducted appropriately, or if the consultation does not lead to services as required by the law, the private school officials have a right to submit a formal complaint to the state. If the state does not resolve the complaint in a reasonable period of time or to the satisfaction of the private school officials, the complaint can be appealed to the U.S. Secretary of Education. If private school officials request a third party provider and the district does not grant this request, the LEA must provide a written analysis of reasons for their refusal. 5