CHILDREN IN PRIVATE SCHOOLS
DEFINITIONS
Children with disabilities parentally-placed in private schools means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meets the definition of elementary schools or secondary schools.
Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law.
Secondary school means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under state law, except that it does not include any education beyond grade 12.
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.
Services plan means a written statement that describes the special education and related services the local educational agency (LEA) will provide to a child with a disability parentally-placed in a private school who has been designated to receive services, including the location of the services and any transportation necessary.
CONSIDERATIONS
No child with a disability parentally-placed in a private school has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
When the child with a disability who has been placed directly by the parent in a private school is referred to the LEA, the LEA must convene an admission, review, and dismissal (ARD) committee meeting to determine whether the LEA can offer the child a free appropriate public education (FAPE).
The LEA is not responsible for providing educational services offered by the ARD committee for the child to receive FAPE until such time as the child's parent chooses to enroll the child in the LEA full time.
The child with a disability may receive some special education and related services, including direct services, if the LEA designates the child to receive services.
CHILD FIND FOR CHILDREN WITH DISABILITIES PARENTALLY-PLACED IN PRIVATE SCHOOLS
The LEA must locate, identify, and evaluate all children with disabilities who are currently enrolled by their parents in private, including religious, elementary schools, and secondary schools located in the LEA.
To determine the number of children with disabilities parentally placed in and attending private schools located in the LEA, the LEA must:
The LEA must maintain in its records and provide to the Texas Education Agency (TEA) the following information related to children with disabilities parentally-placed in private schools:
The LEA must comply with the PROPORTIONATE SHARE FUNDING FOR CHILDREN PARENTALLY-PLACED IN PRIVATE SCHOOLS framework when carrying out its obligations under the CHILD FIND frameworks.