1. Special Education and Nonpublic School Students

2. Burning Questions
What answers are we going to leave with today?

3. IDEA

4. Parentally Placed Private School Student

5. Children Ages 3 - 5
Children aged three through five are considered to be parentally-placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school.
If a preschooler or Kindergarteners is enrolled in a child care center, NOT a registered nonpublic school, the district of residence is responsible for all IDEA related requirements.

6. Provision of Services

7. Expenditures
Proportionate Share

8. Consultation/Affirmation

9. Equitable Services
No parentally-placed private school child with a disability 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.

10. Location of Services

11. Auxiliary Services

12. Auxiliary Services for Nonpublic Schools
1/12/2010
Auxiliary Services for Nonpublic Schools
In Michigan, the Auxiliary Services Act requires public schools to provide certain services to eligible students in nonpublic schools located within their boundaries.
Auxiliary services includes
special education ancillary services,
evaluation and
child find.
Key Concept: The provision of FAPE afforded to eligible students who attend a public school. Parentally placed private school students who are eligible for special education have no individual right to special education and related services ( )

13. Who is Entitled to Auxiliary Services under the ASA?
Eligible students attending nonpublic schools (K-12) located within district
Nonpublic schools include
Private
Parochial
Home School (if registered with MDE)
Equal basis means for all eligible students

14. What Services are Covered?
At minimum, services include
speech and language,
school social work,
school psychological and
teacher consultant
Unclear what, if any, other services covered
Occupational and physical therapy usually provided
Not Covered
Instructional services
Special Education Programs (Resource, Self Contained, Center Based, etc…
Services must be of same quality and amount as student would receive in a public school.

15. Applying Auxiliary Services
All private school students eligible for auxiliary services must be served, without regard to cost
Federal funds may be used to provide auxiliary services
Providing auxiliary services meets IDEA requirement to provide services
Providing only auxiliary services satisfies IDEA requirement only if cost of services equals or exceeds proportionate share amount

16. Responsible Public Agency
Each LEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA.
The child find process must be designed to ensure the equitable participation of parentally-placed private school children; and an accurate count of those children.
The responsibility for equitable participation is assigned to the local educational agency (LEA) where the private school is located. 

17. Services Plan
A services plan must be developed and implemented for each private school child with a disability. 
The LEA must initiate and conduct meetings to develop, review, and revise a services plan.
The LEA must ensure that a representative of the religious or other private school attends each meeting.
The services plan must describe
the specific special education and related services that the LEA will provide to the child
in light of the services that the LEA has determined through the consultation process that it will make available to its population of parentally-placed private school children with disabilities.  

18. Services Plan The services plan must, to the extent appropriate:
Meet the requirements of an IEP ( ), or for a child ages three through five, meet the requirements of and IFSP ( (b) with respect to the services provided; and
Be developed, reviewed, and revised by an IEP team, consistent with through
The public district of location must offer a redetermination of eligibility at least every 36 months to eligible nonpublic students, even if not currently receiving services

19. What IS a Nonpublic School Service Plan?
In the IDEA, the provision of services to nonpublic students is to be written in a Nonpublic Service Plan.

20. Nonpublic Service Plan: Content
1/12/2010
Nonpublic Service Plan: Content
Key Comparisons
IEP in Resident District
Service Plan
Present level - PLAAFP
Yes
Statement of Need
Programs
Available as appropriate No
Ancillary services
Goals and objectives
Accommodations
Postsecondary transition
State/district assessment
Extended school year (ESY)
Rare but possible
Special transportation
Within public district to access services

21. Accommodations
The obligation of providing accommodations is that of the Non-Public School.
The Public LEA can choose to provide accommodations.
If you choose to provide accommodations for one student, you need to do it for all.
The decision of whether or not to provide accommodations cannot be based on eligibility or where the equipment comes from.

22. Additional requirements
DOL determines which students will be served
Services must be of same quality but need not be in same amount as student would receive in public school
Services are provided under a services plan
District must spend federal funds to provide services

23. Eligibility and Parental Choice
When the evaluation indicates educational needs necessitating special education, the parent may choose to:
Enroll the student in the resident public district to help develop an IEP
Decline all special education (refuse consent)
Decline all programs and accept a Nonpublic Service Plan for ancillary services from the public district of location

24. Documenting a Parent Decision to Decline All Special Education
Resident nonpublic student - The initial eligibility determination, initial offer of a FAPE through special education, and the parent decision to decline all special education should be documented on the Initial Notice form.
Nonresident nonpublic student - The initial eligibility determination, initial offer of special education, and the parent decision to decline special education ancillary services should be documented on a Nonpublic Notice form.

25. DOL vs. DOR District of Location vs. District of Residence
Typically the referral for a SE evaluation comes into the district that the Non-Public School is located in (DOL) as they have the child find obligation.
The district of residence (DOR) is responsible for offering FAPE through an IEP.
Therefore, the DOL needs to communicate to the DOR that an evaluation is occurring.

26. Confidentiality of Educational Records
The public district of location cannot communicate any information regarding its evaluation of the student to the resident district without parental consent.
If the nonpublic parent does not, or refuses to, inform the resident district that their child is a student with a disability, then the resident public district has no obligation to offer a FAPE.

27. Parent Accepts a Nonpublic Service Plan From the District of Location
1/12/2010
Parent Accepts a Nonpublic Service Plan From the District of Location
Resident and nonresident nonpublic students – The public district of location develops a Nonpublic Service Plan for special education ancillary services (only).

28. Oakland Schools Resources

29. Oakland Schools Support
Lydia Moore
Early Childhood Special Education Consultant
Matt Korolden
K-8 Compliance Consultant
Cathy Schmidt
Secondary Transition Consultant
Michelle Wolschlager
Compliance Consultant