CHILDREN ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS - Regulations

9. Child Find: Contains consultation requirements.

Consultation must be timely and meaningful. To ensure that this occurs, an LEA, or, if appropriate, an SEA, must 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 parentally-placed children regarding the following:
  • The child find process, including:
    • How parentally-placed private school children suspected of having a disability can participate equitably; and
    • How parents, teachers, and private school officials will be informed of the process.
  • The determination of the proportionate share of Federal funds available to serve parentally-placed private school children with disabilities under 34 CFR 300.133(b), including the determination of how the proportionate share of those funds was calculated (See Appendix B to Part 300).
  • The consultation process among the LEA, private school officials, and representatives of parents of parentally-placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed 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:
    • The types of services, including direct services and alternate service delivery mechanisms; and
    • How special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school children; and
    • How and when those 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 will 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.
[34 CFR 300.134] [20 U.S.C. 1412(a)(10)(A)(iii)]


Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Some people contend that the requirement for timely and meaningful consultation with private school and parent representatives will be time-consuming. What is your opinion? How much time should such consultation take in a given academic year?


  2. What systemic barriers currently exist that will make it difficult to implement this regulation in terms of consultation?


  3. There is a perception among some people that the requirement for consultation regarding parentally-placed private school children will take time away from educational programs for students with disabilities in the public schools. What is your opinion and what examples can you give to support your opinion?


  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?


  5. Given that types of services may include direct services as well as alternate service delivery mechanisms, what are examples of alternate services delivery mechanisms?


Application Questions

  1. What would “timely and meaningful consultation with private school representatives and representatives of parents of parentally-placed private school children with disabilities” look like? How might families, especially families living in other districts or states, be equal partners in consultation?


  2. How might LEAs and private schools structure the consultation process and how might this consultation process be implemented? What does the LEA need to have in place to ensure timely and meaningful consultation?


  3. How might schools and communities work on building trust and relationships among students, families, and school personnel when students are placed in private schools?


  4. What preparation does your staff need to effectively implement the requirements of this regulation for timely and meaningful consultation?

    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