Participation in Special Education and Related Services by Children with Disabilities Enrolled by Their Parents in Private School

What's Required?

Bellville ISD is required to locate, identify and evaluate all students with disabilities enrolled in private schools located within Bellville ISD boundaries 34 CFR 300.131(a) and USC 1412(a)(10)(A)(i).   In addition, Bellville ISD must consult with parents and private schools 34 CFR 300.134 and USC1412(a)(10)(A)(iii) and determine how much funding is available 34 CFR 300.130 and USC1412(a)(10)(A)(i)(I)  who will be served and what services will be provided 34 CFR 300.134(c) and USC 1412(a)(10)(A)(iii)(III).

The term "parentally-placed private school children with disabilities" means children with disabilities enrolled by their parents in private, including religious, schools or facilities 34 CFR 300.131(a).

The term "private school" is defined as a private elementary or secondary school, including any pre-school, religious school, and an institutional day or residential school that: 19 TAC 89.1096 (a)(1).

• Is a nonprofit entity: 19 TAC 89.1096(a)(1)(A)

The term "nonprofit," as applied to an agency, organization, or institution, means that it is owned or operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity; and 34 CFR 77.1(c)

• Provides 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 children's progress: TAC 89.1096(a)(1)(B) The term "elementary school" means a nonprofit institutional day or residential school that provides elementary education, as determined under State law; and 34 CFR 300.130

The term "secondary school" means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12 34 CFR 300.36.

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 children's progress, but is not required to be a nonprofit entity TAC 89.1096(a)(2), TAC 89.1096(a)(1)(B) , and TEA Private School Guidance

Each school district must locate, identify, and evaluate all students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district. The child find process must be designed to ensure (1) the equitable participation of parentally-placed private school children and (2) an accurate count of those children 34 CFR 300.131(a).

The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if the school district has met its obligation under 34 CFR 300.133.

Consultation:

During the design and development of special education and related services for eligible private school children, the District will consult with private school representatives and representatives of parents of eligible private school children. The consultation will take place on the following:

1. Child Find—The District will consult regarding the process for Child Find and how children placed by their parents in a private school located in the District who are suspected of having a disability can participate equitably; and how parents, teachers, and private school officials will be informed of the process;

2. Proportionate Share of Funds—The District will consult regarding the proportionate share of federal funds available to provide services to eligible private school students and how the proportionate share was calculated;

3. Consultation Process—The District will consult regarding the consultation process among the District, representatives of private schools, and representatives of parents of eligible private school students, including how the consultation process will operate throughout the school year to ensure that eligible private school students can meaningfully participate in special education and related services;

4. Provision of Special Education Services—The District will consult regarding how, where, and by whom special education and related services will be provided to eligible private school students. The consultation will include the types of services, including direct services and alternative mechanisms for the delivery of services; how services will be apportioned if the proportionate share of federal funds is insufficient to serve all eligible private school students; and how and when those decisions will be made.

5. Written Explanation of Services—In consultation, the District will advise private school officials that if the District disagrees with their views regarding the provision of services or the types of services (whether provided directly or through a contract), the District will provide a written explanation of the reasons why the District chose not to provide the services directly or through a contract.

An annual count will be conducted in October (snapshot date) through the Public Education Information Management System (PEIMS) to determine the proportionate share formula that will be used to calculate the proportionate share amount that will be used for the participation of eligible private school children in the District’s special education services in the subsequent fiscal year.

 The District will determine an amount that is the same proportion of the District’s total funds under IDEA-B as the number of eligible private school children attending a private school in the District is to the total number of eligible public and private school children within the District's jurisdiction.

Student Participation:

After consultation, the District will designate eligible private school students to participate in the District’s special education services in a specific school year. An individual services plan for the student will be in effect prior to the beginning of the school year and/or prior to the provision of any special education and related services to the student. The services plan will be implemented as soon as possible after the services plan meeting. The services plan will be available to any District staff and/or private school staff or other persons who implement any portion of it, and they will be advised of their specific responsibilities in implementing the services plan.

The services plan will be reviewed periodically by the services plan team, but not less than annually. The services plan team will meet to review the services plan and revise it, if appropriate, to address the lack of expected progress; a change in the services plan; lack of progress in the general curriculum of the private school, if appropriate; the results of any reevaluation; information provided to or by the parents; the child’s anticipated needs; or any other matters which call for review of the services plan. An eligible private school student with a services plan in one school year has no right to a services plan in a subsequent school year. The District will determine the eligible private school students who will participate each year.

Process for currently eligible students

• Director of Inclusive Learning will coordinate the consultation process in meeting with private school and home school parents

• Parents are contacted by letter at the beginning of each school year to ask if they would like to receive identified services for students who meet eligibility.

• Parents are contacted to schedule an Individual Service Plan (ISP) meeting for students who are eligible for identified services. (Students who are enrolled in public schools in Texas have an ARD meeting; students in private/home school have an ISP meeting.)

• Parents are notified to schedule a 3-year re-evaluation by the home campus Diagnostician and or Speech Pathologist to schedule a date for the re-evaluation.

• Child Find procedures are in place to reach out to families who home-school their children in an effort to identify students with disabilities.

Evaluation information 

• Students who attend private schools located within Bellville ISD are eligible for referral, evaluation and determination of eligibility for special education regardless of the child's district of residence.

• In Texas, home schools are considered private schools.

• For school-aged students presently attending a private school, parents can request an evaluation by contacting the Bellville ISD Special Education Office by email at wguerrero@bellvillebrahmas.org or by phone at 979.865.7020.

Referral Process

• For children under 5 (not Kindergarten age) attending a private school, parents can request an evaluation by contacting Wendy Guerrero to be scheduled for a child find screening.

• The Early Childhood and Not in Membership Coordinator will provide the referral packet to the parent to be completed. Once completed, the request for special education evaluation is assigned to the assessment team so that the parent can be contacted to start the evaluation process.

• The evaluation will be completed within 45 school days of initial parent consent.

• The ARD/IEP meeting will be held within 30 days of completion of the evaluation.

Frequently Asked Questions – Parentally-placed Private  School Children with Disabilities 

1. Does the private school Services Plan Committee or the Admission, Review, and Dismissal (ARD)  Committee determine eligibility for special services? 

Local educational agencies (LEAs) where private schools are located have responsibility for child find  activities, including evaluation. Texas Administrative Code (TAC) §89.1096(b) requires that an ARD  committee meet to consider a free, appropriate public education (FAPE) if a private school student is  referred for special education services. Federal regulations provide clarification regarding this subject.  OSEP Q and A 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 LEA of residence need not develop an IEP for the child.” 

2. Is the district where the private school is located responsible for providing an independent  educational evaluation (IEE), if requested? 

LEAs where a private school is located have responsibility for child find activities including evaluation.  This may include a request for an Independent Educational Evaluation (IEE). 

3. Can an LEA require a private school to follow district policies and procedures regarding pre-referral  activities, such as the use of Student Assistance Teams? 

LEAs have no authority over private schools. LEAs should be in timely and meaningful consultation throughout the school year with private school officials regarding the provision of special services to students with disabilities. 

4. What is the process for districts to use when the district does not receive written affirmation from representatives of participating private schools? 

LEAs should develop procedures regarding signed written affirmation of private school consultation that work for their particular situation (small vs. large LEA; rural vs. urban LEA; etc.). LEAs should collect on file any written affirmations. Attendance sign-in sheets are not sufficient documentation for this affirmation. LEAs unable to obtain a written affirmation should submit to TEA, a description of the attempts the LEA made to obtain the written affirmation as well as any other information that shows that meaningful consultation took place. The description should be attached as a document to the eGrants Special Education Consolidated Grant Application. 

5. Are there confidentiality issues that would prohibit a district providing services to a private school student from communicating with the district of residence? 

LEAs must obtain consent from the parents of private school students before communicating with other entities, including the district of residence.

6. 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? 

LEAs 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. 

7. Can a private school student’s district of residence require the student’s parents to allow the district to conduct its own evaluation of a private school student? 

No. Parents and LEAs may agree that a private school student’s district of residence will conduct an evaluation-however, the practice of “dueling evaluations” conducted by both the district of residence and the LEA where the private school is located is generally counterproductive and should be discouraged. 

8. What activities should a Public School engage in when involved in timely and meaningful consultation with a Private School? 

When a Public School is engaged in a timely and meaningful consultation throughout the school year with a private school the questions of how, where, and by whom special education and related services will be provided for parentally-placed private school children with disabilities, including a discussion of types of services, including direct services and alternate service delivery mechanisms; how such services will be apportioned if funds are insufficient to serve all children; and how and when those decisions will be made.  When the timely and meaningful consultation has occurred throughout the school year the Public School must obtain a written affirmation signed by the representatives of the participating private school.  Attendance sign-in sheets are not sufficient documentation for this affirmation. 

9. When may a private school official submit a complaint? 

A private school official has the right to submit a complaint to TEA, Division of Federal and State Education  Policy, if the private school official believes the LEA did not engage in consultation that was meaningful and timely throughout the school year, or did not give due consideration to the views of the private school official. If the private school official wishes to submit a complaint, the official must provide to TEA,  Division of Federal and State Education Policy, 1701 N Congress Ave., Austin, Texas 78701, the basis of the noncompliance by the LEA. The LEA shall forward the appropriate documentation to TEA via email or the above address, for a decision regarding compliance. 

10. What are the criteria for determining if a home school is a private school? 

In order for a home school to be considered a private school under IDEA, the 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 conduct formal review and documentation of student progress. However, since the State of Texas and TEA have long recognized home schools as private schools, it is not required or necessary for school personnel to question a home school parent who refers their child for special education services or proportional services beyond what is necessary to conduct Child Find, an initial evaluation/reevaluation for eligibility determination, or  IEP/Services Plan development.

11. What should a school district consider when determining whether an entity is a private school?  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. 

12. 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. 

13. Does a home school need to be a non-profit entity to be considered a private school?  A home school is not required to be a non-profit entity to be considered a private school. In order to be considered a private school under IDEA, 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. However, since the State of Texas and TEA have long recognized home schools as private schools, it is not required or necessary for school personnel to question a home school parent who refers their child for special education services or proportional services beyond what is necessary to conduct Child Find, an initial evaluation/reevaluation for eligibility determination, or IEP/Services Plan development. LEAs are encouraged to develop local policies that balance the requirements of IDEA (Child Find, an initial evaluation/reevaluation for eligibility determination, or IEP/Services Plan development) and the Leeper Decision for determining how much information is needed/necessary from the parent who home schools their child to determine eligibility and services. School districts that 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. Therefore, the letter of assurance should be enough, while requiring that school personnel review the home school’s curriculum should not be necessary to implement the requirements of IDEA as it pertains to parentally placed private school students with disabilities.

14. What is a school’s responsibility if a parent requests dual enrollment for a child age 3-5?  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. 

15. Which school district is responsible for providing special education and related services if a parent chooses dual enrollment for a 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. 

16. What options other than dual enrollment are available to a parentally-placed private school student with a disability? 

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 and 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. 

17. 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. 

18. 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 at (512) 463-9720. 

19. Are proportionate share funds required to be used for parentally-placed private school students with disabilities who are identified after the last Friday in October child count?  The amount of proportionate share funds the LEA must spend on providing special education and related services to parentally placed private school children with disabilities is based only on the number of children identified the last Friday in October of the previous year. The proportionate share funds are not calculated on students identified after that date during the year. For example, a child identified the last  Friday in October of Year A would be used in the calculation of proportionate share funds to be spent in  Year B. A child identified after the last Friday in October of Year A through the last Friday in October of  Year B would be used in the calculation of proportionate share funds to be spent during Year C. The count from the last Friday in October of the previous year is used to determine the amount of proportionate share funds to be spent during the subsequent year. The count is not used to determine which parentally placed private school students with disabilities are to be served. Any parentally-placed private school student with a disability may be considered for services. The services do not need to be limited to those children who were included in the count that determined the amount of proportionate share funds. If a  parentally placed private school student with disabilities is identified after the last Friday in October of the previous year, the LEA is not prohibited from using its proportionate share funds to provide services for that student if the LEA has proportionate share funds available and the students who were included in the calculation are not adversely affected. If the LEA does not have proportionate share funds because no parentally placed private school children with disabilities were identified the last Friday in October of the previous year, the LEA is not obligated to provide special education and/or related services to a new child during the year in which there are no proportionate share funds.

20. What if the LEA does not spend the entire amount of proportionate share funds?  A. Under 34 CFR §300.133(a), each LEA is required to spend a minimum amount of its IDEA-B funds on children with disabilities placed by their parents in private elementary and secondary schools. As provided in 34 CFR §300.133(a)(3), if an LEA has not expended all of the proportionate share funds by the end of the fiscal year for which Congress appropriated the funds, the LEA must obligate the remaining funds for special education and related services to children with disabilities placed by their parents in private schools during a carry-over period of one additional year. If near the end of the carry-over year, it is apparent that all the carry-over proportionate share funds will not be expended, the remaining funds may be expended by the LEA for other allowable costs for students with disabilities in the public schools. This situation should be the exception. It is the clear intent of the Act that LEAs spend these proportionate share funds on providing special education and related services to parentally placed private school children with disabilities. The particular circumstances of the LEA will determine how soon the LEA may use the remaining carry-over proportionate share funds for the public school students with disabilities.  LEAs should take into consideration that the grant year does not end until September 30. The LEA must be very diligent in its consultation process to ensure that every effort was made to use the proportionate share funds for special education and related services for parentally placed private school students with disabilities. The LEA must have documentation of the consultation activities that were conducted throughout the school year. If every effort was made to expend the carry-over proportionate share funds on the parentally placed private school children with disabilities, the LEA, may, at the end of the grant year, adjust its internal accounting records to transfer the unused, carry-over proportionate share funds for expenditures for students with disabilities in the public schools. If the carry-over proportionate share funds are not used or transferred by the end of the carry-over year, the carry-over proportionate share funds will lapse.

21. May proportionate share funds be used for child find, including individual evaluations, or administrative costs? 

A. No. There is a distinction under the IDEA between the obligation to conduct child find activities,  including individual evaluations, for parentally placed private school children with disabilities, and the obligation to use proportionate share funds to provide special education and related services to parentally placed private school children with disabilities. The obligation to conduct child find, including individual evaluations, exists independently from the obligation to provide equitable services. The costs of child find activities, such as evaluations, may not be considered in determining whether an LEA has spent an appropriate amount on providing special education and related services to parentally placed private school children with disabilities. The LEA may not expend the proportionate share funds on child find activities, including evaluations, or on administrative costs.