Child Find-Private Schools

What's Required

No parentally-placed private school child with a disability 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 34 CFR 300.137(a) and 19 TAC 89.1096(a). Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools 34 CFR 300.138(a)(2).

When a child with a disability placed by parents in a private school is referred to the local school district, the local district shall convene an Admission, Review and Dismissal (ARD) committee meeting to determine whether the district can offer the student a free appropriate public education (FAPE) 19 TAC 89.1096(a). The district is not responsible for providing educational services offered by the ARD/IEP committee for the child to receive a FAPE until such time as the child's parents choose to enroll the child in the Local Education Agency (LEA) full time. After ensuring timely and meaningful CONSULTATION, the LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities 34 CFR 300.137(b).

If the district in which the private school is located designates a parentally-placed private school child, including an eligible child ages three or four whose parents declined dual enrollment, to receive special education and related services, the district must:34 CFR 300.132(b) 34 CFR 300.137(c), and 19 TAC 89.1096(d)

• Initiate and conduct meetings to develop, review, and revise a services plan for the child that: 34 CFR 300.37, and 34 CFR 300.137(c)(1)
  • Describes the specific special education and related services that the LEA will provide to the child in light of the services the LEA determined it would make available to parentally-placed private school children; 34 CFR 300.138(b)(1)
  • Ensure that a representative of the religious or other private school attends the meeting; and 34 CFR 300.137(c)(2)
  • Use other methods to ensure the participation by the religious or other private school, including individual or conference telephone calls if the representative cannot attend 34 CFR 300.137(c)(2)

Services may be provided on the premises of private, including religious, schools, to the extent consistent with law 34 CFR 300.139(a), and 20 USC 1412(a)(10)(A)(i)(III)

Each LEA must maintain in its records and provide to the Texas Education Agency (TEA): The number of children served under this framework 34 CFR 300.132(c)and 20 USC 1412(a)(10)(A)(i)(v).

Parents of parentally-placed private school students are not entitled to receive a due process hearing to challenge the contents of a Services Plan. Due Process is available to challenge the Child Find process.

Parents may file a complaint with the TEA regarding the district’s failure to meet private school consultation requirements. The complaint must be filed with the school district in which the private school is located and a copy must be forwarded to TEA.

What To Do?

Special Education Services for Private School Students Residing In HCISD

An ARD/IEP committee will meet to review the results of an evaluation and to determine eligibility for special education services of a child ages 3 – 21 who has been placed by a parent in a private school located within the attendance boundaries of the district. If a parent makes it clear at the ARD/IEP committee meeting that they will not enroll the student full time in the public school, an IEP offering FAPE does not need to be developed. However, HCISD would continue to have an obligation to consider a student with disabilities for special education services under an Individual Services Plan.

To request special education services for a child with disabilities enrolled in a private school, the parent should contact the Coordinator of Speech Services at the HCISD Special Education office.

The Individual Services Plan (ISP)

Once your request has been received and an evaluation has been completed, the HCISD Special Education Department will schedule a meeting with the parent and the private school to develop the child’s Individual Services Plan (ISP). All services provided must be linked to measurable goals and benchmarks established for the student as a part of the plan. For a student with an ISP, the service provider will monitor progress toward the annual goal/s and share the student's progress with the parent as outlined in the ISP. The ISP is required to contain all the elements of a traditional IEP that are appropriate to the student and to the services provided. The ISP Committee is comprised of all members required for any ARD/IEP committee meeting conducted in the district but must also include input from a representative of the private school. Notice of the ISP meeting must be provided to the parent/ adult student at least five school days in advance of the meeting.

Private School Services for Private School Students Residing Outside Of HCISD

The 2004 Reauthorization of The Individuals with Disabilities Education Act (IDEA) requires school districts to provide special education services to students with disabilities who reside outside of the district's boundaries but attend private schools within the district’s jurisdiction. The process for requesting services for a student residing out of the district but enrolled in a private school located within the district are the same as those for a student residing in the district with the following exception: If a child with disabilities was evaluated by a district other than HCISD, the parent must provide a copy of the child’s current public school evaluation and most recent ARD/IEP committee meeting before the district may provide services to the child.

The Consultation Process

The district is required to “timely and meaningfully” consult with representatives of private schools during the design and development of special education and related services for parentally-placed private school children. At this meeting, the required consultation topics will be discussed, procedures and timelines to request private school services will be reviewed, and input will be solicited for determination of the special education services to be provided to private school students with disabilities in the prior school year.

Private School Services for Eligible Students Ages 3 or 4 Whose Parents Decline Dual Enrollment

Parents of an eligible student ages 3 or 4 who decline dual enrollment for their child may request a services plan using the same process as described above for students residing within and outside of the district. The school district where the private school is located is responsible for the development of a services plan if the student is designated to receive services.