Serving Unit 5 and El Paso-Gridley District 11

Procedures for Students in Nonpublic Special Education Services/Facilities and Students in Private Schools

A. Placements by Member Districts in Nonpublic Special Education Services/ Facilities
     1. The IEP Team shall conduct an IEP meeting(s) and complete an IEP before placing a student in a nonpublic special education program or facility. 

         a. The Member Districts are responsible for arranging participation of a representative of the private school/facility in the IEP meeting.
         b. The Member Districts remain responsible for the development and implementation of the student’s IEP.

     2. The Member Districts will determine, for those students placed in a nonpublic special education program or facility, that the provisions contained in 23 Ill. Admin. Code 226.330(c) are satisfied.

B. Unilateral Placement of Children in Nonpublic Special Education Program or Facility by Their Parent(s)/Guardian(s)
     1. The Member Districts are not responsible for educational costs, including special education and related services, of students placed in nonpublic special education programs/facilities by their parent(s)/guardian(s) if the Member Districts made or attempted to make FAPE available to the student and the parent(s)/guardian(s) elected to place the student in a nonpublic special education program or facility.
     2. No student who is placed into a nonpublic facility by his/her parent(s)/ guardian(s) without the consent or referral of the Member Districts have an individual right to receive the special education and related services the student would receive if enrolled in the Member Districts.
     3. The Member Districts will notify the parent(s)/guardian(s) of the conditions under which reimbursement for the cost of a unilateral placement in a
nonpublic special education program or facility may be reduced or denied. Those conditions include:

         a. Failure of the parent(s)/guardian(s) to inform the IEP Team of their dissatisfaction with the placement proposed by the Member Districts and a statement of their concerns and their intent to enroll their student in a nonpublic special education program or facility at public expense at least 10 business days prior to the removal of the student from the public school; or

         b. If, prior to the parent(s)/guardian(s)’ removal of the student from the public school, the Member Districts informed the parent(s)/ guardian(s), through the notice requirements of its intent to evaluate the student, but the parent(s)/guardian(s) did not make the student available for the evaluation; or
         c. Any judicial finding of unreasonableness with respect to the 
actions taken by the parent(s)/guardian(s).

C. Child Find for Students with Disabilities in Private Schools 
     MVSEA and the Member District’s shall develop and implement a system to 
locate, identify and evaluate students with disabilities who reside in the Member District’s and who attend private and religiously affiliated schools.

     1. The Member District’s are responsible for conducting child find activities 
for private school students with disabilities that are comparable to those for students with disabilities in public schools. 
     2. The Member District’s shall consult with appropriate representatives of private schools on how to carry out private school student find activities.

D. Special Education and Related Services to Children with Disabilities Unilaterally Placed in Private Schools
     1. Upon initial evaluation and determination that the student is eligible for 
special education and related services, the Member District’s will inform the parent(s)/guardian(s) that:

         a. The Member District’s will provide the student a free and appropriate public education (FAPE) if the student is enrolled in the public school. 
         b. If the student remains in the private school and will receive services from the Member District’s, the Member District’s must develop a service plan for the student. 
         c. The Member District’s are not obligated to provide all the special education and related services the student would receive if enrolled in a public school.

     2. The Member District’s shall consult annually with representatives from the private schools to determine:

          a. Which children will receive services;
          b. The special education and related services to be provided;
          c. Where the services will be delivered;
          d. How the services will be provided; and
          e. How the services will be evaluated. 

      3. The Member District’s shall make final decisions with respect to the services to be provided to eligible students who are enrolled in private schools. The services to be provided to such students are those services that the Member District’s have determined, through the consultation process, they will make available. 
      4. The Member District’s shall assure that the providers of services to private school students with disabilities meet the same standards as personnel providing services in the public school.
      5. The Member District’s shall be responsible for informing parent(s)/guardian(s) of a private school student, that they may request mediation, initiate a due process hearing or file a written complaint with the ISBE about matters relating to child find, evaluation and eligibility determinations including the right to an independent educational evaluation. 
      6. By December 1 of each year, the Member District’s will conduct a census of the number of non-public school students eligible under IDEA who may or may not be receiving special education and related services.


LEGAL REF.: 

20 U.S.C. 1412 (State eligibility), 1412(a)(7), 1413 (local educational agency eligibility).

34 C.F.R. 300.349 (private school placement), 300.400 (applicability of 300.400-300.402), 300.401 (responsibility of State Educational agency), 300.403 (placement of students by parent(s)/guardian(s) if FAPE is at issue), 300.450 (definition of private school students with disabilities), 300.455 (services provided), 300.457 (complaints).

105 ILCS 5/29-4, 14-6.01, 14-7.02.

23 Ill. Admin. Code 226.330 (continuum of placement options), 226.310 (related services), 226.320 (services to students living in residential care facilities), 226.340 (nonpublic placements by parents), 226.350 (service to students in private schools).
 

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