CHILDREN ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS - Regulations

4. Child Find: Requires child find for children in private schools.

Each LEA must locate, identify, and evaluate all 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, in accordance with 34 CFR 300.131(b) through 300.131(e), 300.111 and 300.201.
[34 CFR 300.131(a)] [20 U.S.C. 1412(a)(10)(A)(i)(II)]

In carrying out the requirements of this section, the LEA, or, if applicable, the State educational agency (SEA), must undertake activities similar to the activities undertaken for the agency's public school children.
[34 CFR 300.131(c)] [20 U.S.C. 1412(a)(10)(A)(ii)(III)]

The child find process must be completed in a time period comparable to that for students attending public schools in the LEA consistent with 34 CFR 300.301. Such child find process shall be completed in a time period comparable to that for other students attending public schools in the LEA.
[34 CFR 300.131(e)] [20 U.S.C. 1412(a)(10)(A)(ii)(V)]

Each LEA in which private, including religious, elementary schools and secondary schools are located must, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a State other than the State in which the private schools that they attend are located.
[34 CFR 300.131(f)] [20 U.S.C. 1412(a)(10)(A)(ii)]

The cost of carrying out child find, including individual evaluations, may not be considered in determining whether an LEA has met its obligations under 34 CFR 300.133 (expenditures), as described below.
[34 CFR 300.131(c)] [20 U.S.C. 1412(a)(10)(A)(ii)(IV)]

**Note: This is also connected to provision # 5, and 6 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 these provisions require that public schools have a responsibility to conduct child find for private school students?


  2. As you have found and served students in private schools in past years, what issues have you encountered when conducting child find activities? What activities have been successful in locating children with disabilities in private schools? What activities have beer less successful in locating children with disabilities in private schools?


  3. In what ways might this new provision impact current LEA activities related to child find in private schools? How might it be alike? How might it be different?


  4. What do you see as the similarities and differences of child find through the state responsibilities for child find for all children with disabilities and child find in private schools?


  5. In your opinion, how similar and comparable should “similar activities” and “comparable time period” be when conducting child find in private schools? What are some examples of what that might “look like” in your district?


Application Questions

  1. What arrangements do public and private school administrators need to make in order to find eligible children?


  2. What knowledge and skills do LEA staff members need to effectively implement child find activities in private schools within the LEA demographic area?


  3. How can LEAs involve out-of-state families in child find?
    • What are some ways in which out-of-state families can be involved in decision-making for developing and implementing service?
    • How can LEAs involve out-of-state families in gaining permission for evaluation?
    • What are some ways in which out-of-state families can be involved in decision-making for eligibility?


  4. What systemic barriers exist that will make it difficult to implement this regulation in terms of child find? In terms of record keeping? How can these barriers be overcome?


  5. The regulations require an accurate count of the number of children evaluated, found eligible and served, why is accuracy important and what possible impact will this requirement have on the LEA?

    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