Child Find-I suspect a child has a disability
Private or Home School Information Related to Students with Disabilities
On December 3, 2004 , President Bush signed into law the Individuals with Disabilities Education Improvement Act (IDEA 2004) Amendments of 2004, which contain many changes to the federal law pertaining to the education of students with disabilities. On August 14, 2006 , the United States Department of Education, Office of Special Education Programs, published related federal regulations. These regulations became effective on October 13, 2006 . As a result of the changes to the federal special education law and regulations, 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Special Education Services , was amended to reflect these changes in order to ensure school district compliance with new procedural and reporting requirements. This is commonly referred to as the Commissioner's Rules. Following are some typical questions and answers related to the education of students with disabilities who are parentally placed in private or home schools.
Definition
What should a school district consider when determining whether an entity is a private school? TAC 89.1096(a) (1)
In determining whether a school/entity is a private school, school districts must determine if the private school: 1) is a non-profit entity ; 2) provides elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and; 3) conducts formal reviews and documentation of student progress.
What criteria should a school district consider when determining whether a pre-school facility is a private school?
In determining whether a pre-school facility is a private school, school districts must determine if the facility: 1) is a non-profit entity; 2) provides elementary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and; 3) conducts formal reviews and documentation of student progress.
How is the term "private school children with disabilities" defined?
These are students who have been evaluated by the public school and found to have a disability and a need for special education and related services under the IDEA. The Admission, Review and Dismissal (ARD) committee has developed an Individualized Education Program (IEP) that offers a free appropriate public education to be provided in the public school. The parent has decided to enroll the student in private, parochial or religious school, or has chosen to home school the child instead. The public school has no responsibility to pay for private schooling when a free appropriate public education is available.
Home Schools
Does a home school need to be a non-profit entity to be considered a private school? TAC 89.1096(a) (2)
A home school is not required to be a non-profit entity to be considered a private school. However, in order to be considered a private school, a home school must provide elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of student progress. School districts are encouraged, but not required to develop local policies for determining whether a home school meets the definition of a private school. Texas Education Agency guidance regarding home schools states: "School districts which become aware of a student who is potentially being home schooled may request in writing a letter of notification from the parents of the student regarding their intention to home-school the student. This letter may require assurances that the home-school curriculum is designed to meet basic education goals including reading, spelling, grammar, mathematics, and a study of good citizenship."
Dual Enrollment
What is a school's responsibility if a parent requests dual enrollment for a child age 3-5? TAC 89.1096(c)
The school district where a student age 3-5 resides must convene an Admission, Review and Dismissal (ARD) meeting in order to determine whether the child is eligible for special education and related services and, if so, the specific services appropriate for the child.
Dual enrollment is no longer available for children 5 years of age and older. The parent may enroll the child full time in the public school and the child will receive all the special education and related services determined by the ARD/IEP committee. The parent may choose to enroll the child in private, parochial, or religious school, or choose to home school. All private/home school children with disabilities that reside in our local school district will be considered for participation in special education and related services, but there is no longer a guarantee that a child will receive special education and related services.
Which school district is responsible for providing special education and related services if a parent chooses dual enrollment for a 3-5 year old child?
The school district where a student age 3-5 resides is responsible for providing special education and related services associated with dual enrollment if the child's parent chooses that option. Additional information regarding dual enrollment is available on the TEA website at http://www.tea.state.tx.us/special.ed/private/
Must the public school provide special education and related services to every student with a disability enrolled in private/home school?
The IDEA requires the public school to use a portion of the federal money it receives to provide for participation of private/home school children with disabilities in the special education program. The amount of money is very limited. The District is not required to use any money from state or local sources to provide special education and related services to private/home school children with disabilities. A child with a disability enrolled in a private/home school has no individual right to participate in the public school's special education program if they continue to be enrolled in the private or home school. If a child with a disability enrolled in a private/home school is determined eligible for special education and related services, he or she has no right to receive all the services he or she would have received if enrolled in the public school. The only exception to this in Texas is for 3 and 4 year old students whose parents have chosen to dually enroll them.
Services Plan
What options other than dual enrollment are available to a parentally-placed private school student with a disability? TAC 89.1096(d)
A parent of a private school student age 3-5 may choose to be considered for a services plan or may choose dual enrollment. A services plan consists of limited special education and related services as determined by representatives of the school district after consultation with the private school . While a parentally-placed private school student with a services plan may receive limited services, no parentally-placed private school student with a services plan has a right to receive some or all the services the student would receive if enrolled in a public school.
Which school district is responsible for providing a services plan if a parent chooses proportionate share services for a child?
The school district where a private school is located is responsible for providing a parentally-placed private school student with a services plan if the child's parent chooses that option and the student is designated to receive proportionate share services by the school district.
What dispute resolution options other than filing a complaint are available to parents choosing dual enrollment?
Parents choosing dual enrollment have the option of requesting mediation if there is a dispute regarding the implementation of the student's individualized education program (IEP). Parents of a parentally-placed private school student with a services plan may request mediation only for issues related to special education identification and evaluation. For more information about mediation, contact the Division of Legal Services of the Texas Education Agency at (512) 463-9720.
Additional Questions
Does the Services Plan Committee or the ARD Committee determine eligibility for special services? TAC 89.1096
The District where the private school is located has responsibility for Child Find activities, including evaluation. TAC 89.1096(b) requires that an ARD committee meet to consider FAPE if a private school student is referred for special education services. Federal regulations provide clarification regarding this subject. Current federal guidance on private schools indicates flexibility, stating "if the parents make clear their intention to keep their child enrolled in the private elementary school or secondary school, the local district of residence need not develop an IEP for the child."
Is the district where the private school is located responsible for providing an independent educational evaluation (IEE), if requested?
The District where a private school is located has responsibility for Child Find activities, including evaluation, which may include a request for an IEE.
Can a school district require a private school to follow district policies and procedures regarding pre-referral activities, such as the use of an RtI procedure like Northside's CHILD Process?
Districts have no authority over private schools. However, the District should be in timely and meaningful consultation with private school officials regarding the provision of special services to students with disabilities.
Are there confidentiality issues that would prohibit a district providing services to a private school student from communicating with the district of residence?
Districts providing services to parentally-placed private school students are required by federal regulations (CFR 300.622(3)) to obtain consent from the parents of private school students before communicating with other entities, including the district of residence.
If the parents of a private school student contact the district of residence for referral and evaluation, should the district of residence do anything other than refer the parent to the district where the private school is located?
Districts are advised to work in collaboration with parents of private school students and the district where the private school is located, as these students often return to the district of residence. Northside ISD is always willing to work with any of our neighboring districts to assist in serving students with disabilities.