CHILDREN ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS - Regulations

2. Clarifies treatment of children with disabilities, aged 3 through 5.

Children aged three through five are considered to be parentally-placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 34 CFR 300.13.
[34 CFR 300.133(a)(2)(ii)] [20 U.S.C. 1412(a)(10)(A)(i)]

**Note: This is also connected to provision #1 in this Topic Brief. For better clarity and understanding, they should be reviewed together.

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why do you think IDEA 2004 makes the distinction between LEA-placed and parentally-placed students with disabilities in private schools?


  2. This provision references the definitions of elementary and secondary schools in 34 CFR 300.13 and 34 CFR 300.36. Are the definitions of elementary and secondary schools the same in your state? Does the state definition for elementary school include ages 3 to 5?


  3. In your experience, what are the conditions or situations that might impact decisions of a parent or LEA to place students in private schools?


Application Questions

  1. What schools are considered qualifying private schools in your state/district? How can you find out this information if you do not know?


  2. Given that IDEA requires FAPE be provided to 3-5 year olds with disabilities, what might your district put in place to ensure services to these students who are parentally placed in private schools?


  3. Within your community, how might parents/families learn more about the issues for students with disabilities who are parentally-placed in private schools?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: California

    Role: School Psychologist
    Location: Connecticut

    Role: Speech-Language Pathologist
    Location: Florida

    Role: Educational Consultant
    Location: Florida

    Role: Family Member
    Location: Georgia

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Iowa

    Role: Teacher
    Location: Minnesota

    Role: Family Member
    Location: Wisconsin

    Role: Family Member
    Location: West Virginia