TOPIC BRIEF 10
Parentally-placed Children in Private Schools

On This Page

Other Topic Briefs

1. Introductory Comments
2. General State and District-wide Assessments
3. Regular Education Teachers as IEPTeam Members
4. Graduation with a Regular Diploma
5. Discipline -- Changes from Proposed Rules
6. Children with ADD/ADHD
7. Use of "Developmental Delay" by States and LEAs
8. Definition of "Day; Business day; School day"
9. Public Charter Schools
10. Parentally-placed Children in Private Schools
11. Removing all NPRM "Notes"
12. Provisions of Special Interest to Parents
13. Provisions of Special Interest to Teachers
14. Provisions of Special Interest to Administrators

Topic Brief 10

Major Changes Since NPRM.
Below are major changes to the Part B regulations since the NPRM regarding children with disabilities enrolled by their parents in private schools:

1. Replacing "IEPs" with "Services Plans."
   Because "IEP" is an explicit term used in the definition of "FAPE" (and because parentally-placed children with disabilities in religious or other private schools are not entitled to FAPE in connection with their private school placements), the NPRM provisions related to IEPs for these children have been deleted, and have been replaced as follows:
   
   1. SERVICES PLANS.
      The term "services plan" has been adopted for use with parentally placed children in private schools, in lieu of "IEP." Thus, each private school child with a disability who has been designated to receive Part B services "must have a services plan that describes the specific special education and related services that the LEA will provide to the child..." (See §300.455(b)(1).)
      
   2. SERVICES PLANS MUST MEET SPECIFIED IEP REQUIREMENTS
      (i.e., to the extent appropriate, the services plan must -- (A) meet the IEP content requirements of §300.347, and (B) be developed, reviewed, and revised consistent with the IEP process requirements of §§300.342-300.346). (See §300.455(b)(2).)
      
   3. SEA RESPONSIBILITY FOR SERVICES PLANS.
      The final regulations make clear that the SEA -- in addition to ensuring IEPs for eligible public school children (see §300.341) -- is also responsible for ensuring that a services plan is developed for each private school child with a disability who has been designated to receive services under Part B. (See §300.452(b).)
      
2. Child Find for Children in Private Schools -- Comparable to Public Schools.
   The final regulations provide that -- (1) child find activities for private school children with disabilities must be comparable to those in the public schools; and (2) public agencies must consult with appropriate representatives of private school children with disabilities on how to carry out those activities. (See §300.451.
   
3. Expenditures (child count; child find; additional funds).
   The "expenditures" requirement in the final regulations includes the following new provisions:
   
   1. CHILD COUNT.
      The regulations provide that each LEA must -- (A) consult with representatives of private school children with disabilities to decide how to conduct the annual count of the number of those children, and (B) ensure that the count is conducted on December 1 or the last Friday of October of each year. The regulations further provide that the count data must be used to determine the amount of Part B funds to be earmarked for these children in the next fiscal year.) (See §300.453(b).)
      
   2. CHILD FIND EXPENDITURES MAY NOT BE CONSIDERED.
      Expenditures for child find activities may not be considered in determining whether the LEA met the expenditures requirement in §300.453(a). (See §300.453(c)).
      
   3. ADDITIONAL SERVICES PERMITTED.
      SEAS and LEAS are not prohibited from providing services to private school children with disabilities beyond the services required by this part, consistent with State law or local policy (see §300.453(d)).
      
4. Services Determined.
   The final regulations specify that each LEA must --

6. Complaints (Due Process Applies Only to Child Find and Evaluation).
   The final regulations specify that the due process procedures under Part B apply to child find activities for private school children with disabilities, including evaluations (but do not apply to the private school provisions under §§300.452-300.462). (See §300.457.)

* On October 22, 1997, a Notice of Proposed Rulemaking (NPRM) was published in the Federal Register to amend the regulations under Part B of the Individuals with Disabilities Education Act (IDEA). The purposes of the NPRM were to implement changes made by the IDEA Amendments of 1997, and make other changes that facilitate the implementation of Part B. The changes made since the NPRM are based mainly on public comments received.

2 See §§300.452(b), 300.454(c), and 300.455(b), and the discussion of §§300.341 and 300.350 in the analysis of comments in Attachment 1.