Fay: Is a school district required to write and fulfill IEP services for children who voluntarily enroll in private school? If yes… the child lives in School District A, and attends a school that is physically located in Town B (with an associated School District B) but the private school is in a neighborhood zoned to School District C. Which district provides the IEP? All locations are in California.
Hi, I am a special educator who is helping a friend with placement for her son. He is currently in public school, following an IEP; however, because of Covid before/aftercare restrictions, he is no longer following the same behavior plan, and thus, struggling more academically. How may my friend pursue her son’s rights under IDEA for him to be sent to a private school, out of district, that would address his behavioral issues?
When changing to a new school, we met with the school to discuss implementing the current IEP. We know he has an IEP. But, we don’t really want kids like him here. We are not a Title 1 school, so we can say this. Is this true?
This might be true for a public school, if a child does not live in the school attendance zone. Ask for the district policy that says they can do this. Contact the district special ed office also to verify this. If this is a private school this may be allowed if they do not receive any federal or district funds.
Can a private school say they don’t want to accept public money? Private school in my areas does not get any title one money and they don’t want to. What can I do?
Fay-
Under IDEA, private school students have significantly less rights than public school students.
Private school students are entitled to evaluation for special education eligibility. If found eligible, however, they are NOT entitled to an IEP. Instead they receive a Services Plan that lists the supports that the local school district MAY provide. The responsible school district is the one that has jurisdiction over the area where the private school is located.
Some states provide additional rights to private school students, but it looks like California follows federal law here. You can contact your local parent center to learn more about how Service Plans are created and what rights you do have.
Thank you!
what is a “local parent center”?
A parent center is where parents who are having issues relating to special services needed for their kids. They go there to get additional help needed.
Chuck frequently mentions going here.
Not sure. Each state has at least one parent training & information (PTI)project funded by the federal dept. of education. http://www.parentcenterhub.org/find-your-center This could be referring to that or local ones not part of the state PTI. TX has a # of parent projects not associated with the PTI.
Question: are you saying the student is not entitled to an IEP because the student is enrolled in a private school? Could you please cite the law and/or code related to this?
See 300.130 -.144
Where does it say a district does NOT have to keep writing IEPs for a student in a private school?
See IDEA regulations at 300.130-144. Your state parent training & information project can provide you more info on this. https://www.parentcenterhub.org/find-your-center/