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CHILDREN ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS - Statute

11. Adds additional consultation requirements.
To ensure timely and meaningful consultation, an LEA, or where appropriate, an SEA, shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children, including regarding:
  • The child find process and how parentally placed private school children suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process;
  • The determination of the proportionate amount of federal funds available to serve parentally placed private school children with the disabilities under Section 612(a)(10), including the determination of how the amount was calculated;
  • The consultation process among the LEA, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;
  • 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 these decisions will be made; and
  • How, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the LEA shall provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.

[612(a)(10)(A)(iii)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. What resources and supports are available within LEAs to consult with private schools to meet the needs of students with disabilities?


  2. What issues and concerns might need to be addressed to facilitate consultation between the LEA and private schools?


  3. How will the preparation of administrators, teachers, and related service providers to consult with private schools impact educational programs for students with disabilities?


  4. From your perspective, why might an LEA determine that a private school will not receive funds for students with disabilities? What are some elements that might be included in a “written explanation” from the LEA?


Application Questions

  1. In your view, how might LEAs and private schools structure the consultant process and how might this consultant process be implemented?


  2. How might LEAs help the child find process to “operate throughout the school year”?


  3. From your experience, what are some considerations that might be raised related to child find and due process?


  4. How might an LEA provide professional learning opportunities and early intervening strategies private schools and other stakeholders within their district?


    These questions were developed by the following stakeholders working together:


    Role: LEA -Special Education Director and
    Federal Programs Directors
    Location: Georgia

    Role: Public Policy Specialist
    National Association Office
    Location: Virginia

    Role: Parent/Consultant
    Location: Virginia

    Role: Policymaker
    Location: Washington, DC

    Role: Administrator
    National Association Office
    Location: Virginia