CESA 7  Special Education letterhead

Memorandum

September 21, 1999

TO: Special Education Coordinators and School District Administrators
FR: Nissan B. Bar-Lev, Director of Special Education
RE: The analysis and Interpretation of Federal Rules addressing Private School Children with Disabilities.

This memo includes the new federal rules, as well as the US Office of Special Education Programs OSEP's own analysis and interpretation of these rules. I believe that this information is critical to fully comprehend this complex and problematic law. For those who may find this 22-page memo less than thrilling, I have summarized the new federal rules changes in the first section of this memo .

Summary of IDEA-Part B Final Regulations
Parentally-Placed Children in Private Schools

Major Changes

Below are major changes to the Part B regulations regarding children with disabilities enrolled by their parents in private schools:

A. Replacing "IEPs" with "Services Plans."

Because "IEP" is an explicit term used in the definition of "FAPE" (and because parentally-placed children with disabilities in religious or other private schools are not entitled to FAPE in connection with their private school placements), the previous provisions related to IEPs for these children have been deleted, and have been replaced as follows:

  1. Services plans.

    • The term "services plan" has been adopted for use with parentally placed children in private schools, in lieu of "IEP." Thus, each private school child with a disability who has been designated to receive Part B services "must have a services plan that describes the specific special education and related services that the LEA will provide to the child..." (See §300.455(b)(1).)
  2. Services plans must meet specified IEP requirements

    • (i.e., to the extent appropriate, the services plan must -- (A) meet the IEP content requirements of §300.347, and (B) be developed, reviewed, and revised consistent with the IEP process requirements of §§300.342-300.346). (See §300.455(b)(2).)
  3. SEA responsibility for services plans.

    • The final regulations make clear that the SEA -- in addition to ensuring IEPs for eligible public school children (see §300.341) -- is also responsible for ensuring that a services plan is developed for each private school child with a disability who has been designated to receive services under Part B. (See §300.452(b).)

B. Child Find for Children in Private Schools - Comparable to Public Schools.

The final regulations provide that -(1) child find activities for private school children with disabilities must be comparable to those in the public schools; and (2) public agencies must consult with appropriate representatives of private school children with disabilities on how to carry out those activities. (See §300.451.

C. Expenditures (child count; child find; additional funds).

The "expenditures" requirement in the final regulations includes the following new provisions:

  1. Child count.

    • The regulations provide that each LEA must -- (A) consult with representatives of private school children with disabilities to decide how to conduct the annual count of the number of those children, and (B) ensure that the count is conducted on December 1 or the last Friday of October of each year. The regulations further provide that the count data must be used to determine the amount of Part B funds to be earmarked for these children in the next fiscal year.) (See §300.453(b).)
  2. Child find expenditures may not be considered.

    • Expenditures for child find activities may not be considered in determining whether the LEA met the expenditures requirement in §300.453(a). (See §300.453(c)).
  3. Additional services permitted.

    • SEAS and LEAS are not prohibited from providing services to private school children with disabilities beyond the services required by this part, consistent with State law or local policy (see §300.453(d)).

D. Services Determined

The final regulations specify that each LEA must:

  1. Consult with representatives of private school children with disabilities on "where" services will be provided (see §300.454(b)(1));
  2. Conduct meetings to develop, review, and revise a "services plan," in accordance with §300.455(b), for each private school child with a disability who has been designated to receive services under this part (see §300.454(c)(1)); and
  3. Ensure that a representative of the private school attends, or otherwise participates in, each meeting (see §300.454(c)(2)).

E. Location of services.

The final regulations make clear that, while transportation might be provided between a child's home or private school and a service site (if necessary for the child to benefit from or participate in the services offered), LEAs are not required to provide transportation between the child's home and the private school. (See §300.456(b).)

F. Complaints (Due Process Applies Only to Child Find and Evaluation).

The final regulations specify that the due process procedures under Part B apply to child find activities for private school children with disabilities, including evaluations (but do not apply to the private school provisions under §§300.452-300.462). (See §300.457.)

 


Section 300.450 Definition of "private school children with disabilities."

Rules:

Analysis of Section 300.450:

Interpretation of Section 300.450:


Section 300.451 Child find for private school children with disabilities.

Rules:

Analysis of Section 300.451:

Interpretation of Section 300.451:


Section 300.452 Provision of services--basic requirement.

Rules:

Analysis of Section 300.452:

Interpretation of Section 300.452:


Section 300.453 Expenditures.

Rules:

Analysis of Section 300.453:

OSEP Interpretation of Section 300.453 :


Sec. 300.454 Services determined.

Rules:

Analysis of Section 300.454:

OSEP Interpretation of Section 300.454:

Sec. 300.455 Services Provided.

Rules:

Analysis of Section 300.455

OSEP Interpretation of Section 300.455:


Section 300.456 Location of services; transportation.

Rules:

Analysis of Section 300.456

OSEP Interpretation of Section 300.456:


Section 300.457 Complaints.

Rules:

Analysis of Section 300.457:

OSEP Interpretation of Section 300.457:


Section 300.458 Separate classes prohibited

Rules:

Analysis of Section 300.458:

OSEP Interpretation of Section 300.458:


Section 300.459 Requirement that funds not benefit a private school.

Rules:

Analysis of Section 300.459:

OSEP Interpretation of Section 300.459:


Section 300.460 Use of public school personnel.

Rules:

Analysis of Section 300.460:

OSEP Interpretation of Section 300.460:


Sec. 300.461 Use of private school personnel.

Rules:

Analysis of Section 300.461:

OSEP Interpretation of Section 300.461:


Sec. 300.462 Requirements concerning property, equipment, and supplies for the benefit of private school children with disabilities.

Rules:

OSEP Analysis of Section 300.462):

OSEP Interpretation of Section 300.462:

508 Bobby Approved
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