Non-Public/Home-School Students

This guideline applies to those students residing within the school district’s boundaries yet attending a non-public school within the district (note; in cases where a student attends a non-public school outside their district of residence, contact the Director of Special Education). Non-public school students typically attend home-school or private school settings. Home-schools are considered to be private or non-public schools; therefore, procedures dealing with special education issues with children in private or non-public schools will also be applied to home-school students.

Resident school districts must allow home-school students to receive special education services through the school district, per Minnesota Statutes, section 125A.18 and section 126C.19. State and Federal laws are clear that all children with disabilities have available to them a free appropriate public education (FAPE) that includes special education and related services to meet their unique needs. Public school districts are responsible for the identification of pupils with disabilities and providing special education and related services to eligible students who reside in the district and attend a non-public school.

The process for referral and identification of students with a disability attending a non-public school is the same as for those students attending a public school. Typically, the classroom teacher or parent requests that the pupil be evaluated for special education services. Thus, all referrals for evaluations for non-public school children must be processed through the local building’s pre-referral intervention team. All due process procedures, forms, including planning meetings, must be followed.

Home school and private school providers may not be as familiar with special education procedures as that of public school providers. It is, therefore, suggested that a “referral” meeting be scheduled with all involved parties to discuss special education processes including pre-referral intervention requirements.

Team membership requirements indicate that the regular education teacher is to be involved with the evaluation planning and Individual Education Plan (IEP) development. This may be the non-public school teacher. All other team membership requirements apply as for a public school student.

Meetings and evaluations may be conducted at either the non-public school or at the public school; however, the public school has the authority to determine where the meetings and evaluations will be held.

In most cases, best practice indicates to evaluate the pupil in their “regular” environment especially when conducting classroom observations.

The public school district where the nonpublic school is located is obligated to provide a FAPE to nonpublic school students. Minnesota law extends the same procedural due process rights to Minnesota nonpublic school students as those given to public school students.

Once a non-public school student has been identified as eligible for special education services, an IEP must be developed that includes special education and related services to meet their unique needs. Just as the law requires for public school students, the district must provide all services necessary for FAPE. It is not sufficient only to make a FAPE available for the nonpublic school student.

If a parent is asking for less service than what the team believes would provide FAPE, as in the case with public school students, the district must provide FAPE, despite parental preference to the contrary. Contact your special education administrator if this situation occurs. When faced with a parent’s anticipated or actual refusal to consent for a proposed IEP, in addition to conciliation conference requirements, the district must consider alternative dispute resolution processes available, facilitated team meetings, mediation, and/or a due process hearing.

These services may be provided at the non-public school or the public school or a neutral site. The public school has the authority to determine the location of these services.

Other related activities may include meeting or consulting periodically with the non-public school staff to review progress of the pupil in their special education program and periodically observing the pupil in the non-public school classroom to evaluate special education services. All these issues should be discussed and included as part of the student’s IEP.

Any equipment or individualized instructional materials made available to the non-public school are only to be used to implement the student’s IEP.

The resident school district is responsible to provide the necessary transportation for a non-public school student from the non-public school to the neutral site where special education services are delivered on a shared-time basis. This service should be indicated in the IEP.

The IEP team may wish to investigate alternative transportation including the parent transporting the student, the non-public school transporting the student, or the public school district contracting with the parent or non-public school to transport the student. (note; in cases where a student attends a non-public school outside their district of residence, contact the Director/Assistant Director of Special Education)

Proportionate share requires public schools in Minnesota to spend an equitable proportion of Section 611(f) and 619(g) funds on providing special education and related services to parentally placed private school or homeschooled children with disabilities.