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Questions and Answers
On Serving Children With Disabilities
Placed by Their Parents at Private Schools
Revised April 2011
The obligation of states and local education agencies (LEAs) to children with disabilities enrolled by their parents in private elementary schools and secondary schools changed on July 1, 2005, the effective date of these provisions in the Individuals with Disabilities Education Improvement Act of 2004 (Act).
Section 612(a)(10)(A)(i)(II) of the Act requires that the LEA, after timely and meaningful consultation with private school representatives, must conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private schools located in the LEA [emphasis added].
In addition, section 612(a)(10)(A)(i) of the Act makes clear that the obligation to spend a proportionate amount to provide services to children with disabilities enrolled by their parents in private schools now refers to children enrolled by their parents in private elementary schools and secondary schools “in the school district served by a local education agency.”
The purpose of the questions and answers below is to provide additional guidance to states and LEAs in complying with the requirements in Section 612(a)(10) of the Act.
This revised Q&A document addresses the topics listed below. The answers are contained in the full document which may be accessed here. This document should be downloaded as a pdf. file and brought to the consultation meetings for quick reference as to what is required and allowable.
A. Consultation Requirements
B. Child Find and Individual Evaluations
C. Equitable Services
D. Provision of Services
E. Services Plans
F. Location of Services and Transportation
G. Highly Qualified Teachers (HQTs) in Private Schools
H. Expenditures
I. Property, Equipment and Supplies
J. Out-of-State Children With Disabilities
K. Home-Schooled Children With Disabilities
L. Due Process
M. State Complaints
N. Preschool Children
O. Children in For-Profit Schools
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National Catholic Educational Association
