5.07 District Initiated Placement in a Private School or Facility

5.07.01 Prior to Placement in a Private School or Facility

Legal Citations

(1) Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child in accordance with §§ 300.320 and 300.324.

(2) The agency must ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency must use other methods to ensure participation by the private school or facility, including individual or conference telephone calls. 34 C.F.R. § 300.325(a).

5.07.02 Once Placed in a Private School or Facility

Legal Citations

A. Provision of Services

Sections 300.146 through 300.147 apply only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services. 34 C.F.R. § 300.145.

Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency -

(a) Is provided special education and related services -

(1) In conformance with an IEP that meets the requirements of §§ 300.320 through 300.325; and

(2) At no cost to the parents;

(b) Is provided an education that meets the standards that apply to educations provided by the SEA and LEAs including the requirements of this part, except for § 300.18 and §300.156(c); and

In implementing § 300.146, the SEA must -

(a) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;

(b) Disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a child with a disability; and

(c) Provide an opportunity for those private schools and facilities to participate in the development and revision of State standards that apply to them. 34 C.F.R. § 300.147.

B. Meetings to Review and Revise IEPs

(1) After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.

(2) If the private school or facility initiates and conducts these meetings, the public agency must ensure that the parents and an agency representative -

(i) Are involved in any decision about the child's IEP; and

(ii) Agree to any proposed changes in the IEP before those changes are implemented.

(c) Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA. 34 C.F.R. § 300.325(b)-(c).