3. Explains the manner in which services are provided to children enrolled in private schools.

Assigns responsibility for equitable participation to the local educational agency (LEA) where the private school is located. [Under prior law, this was the responsibility of the LEA of the parent's residence.] To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, provision is made for the participation of those children in the program assisted or carried out under Part B of the Act by providing them with special education and related services, including direct services determined in accordance with 34 CFR 300.137, unless the Secretary has arranged for services to those children under the by-pass provisions in 34 CFR 300.190 through 300.198.
[34 CFR 300.132(a)] [20 U.S.C. 1412(a)(10)(A)(i)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your perception, how might this change in LEA responsibility benefit children with disabilities in private schools?

  2. How might this benefit students who reside outside your school district (in another district; in another state)?

  3. Given that the LEA where the private school is located, no matter the legal residence of the child, is responsible for services, what are some of the possible implications for an LEA in the delivery of special education and related services to parentally-placed children with disabilities in private schools?

Application Questions

  1. What information should be available to parents considering or having placed their children in private schools out-of-district and out-of-state of residence? What procedures are needed to ensure that this information is shared and accessible to the public?

  2. Recall from your experience a specific instance when eligibility for a parentally-placed private school child with disabilities was called into question. How did the concerned stakeholders respond? What possibilities are there for the current regulation to inform and change practice?

  3. What systemic barriers need to be addressed that currently make it difficult to implement this regulation relative to the provision of services?

  4. Who are all the stakeholders at the district and state levels who need to be aware of this provision change and how might they work together to ensure services are available to parentally-placed children with disabilities?

  5. What preparation does the LEA staff need to effectively implement the requirements of this regulation?

    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