I work at a small private school and two of our students have a current IEP. The staff was told that because we are a private school, we are not obligated to service the IEP. This doesn’t sound right, is it correct?
It depends. IDEA 2004 does not apply to private schools. Private schools are not covered under IDEA, the special education law.
If a public school places a child with an IEP in a private spec ed school as a part of the IEP, then the public school remains responsible for ensuring that the private school implements the IEP.
Children who attend public schools are entitled to a free appropriate education and an IEP, and they receive funding from the federal government. Private schools do not receive this funding and are not required to provide a free appropriate education or an IEP. They are not required to provide special education services to children with disabilities.
Private schools are bound by Section 504 and cannot discriminate against a child with a disability for reasons related to the disability and might be responsible for providing modifications, accommodations, and access to educational opportunities (such as a ramp for a child in a wheelchair).
Public schools may still have responsibilities for children with disabilities who are enrolled in private schools.