Print Friendly, PDF & Email

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.

  1. 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?

  2. 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.

  3. 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?

  4. 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!

Leave a Reply

Your email address will not be published. Required fields are marked *


Please help us defeat spam. Thank you. *