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Special Education Services To Children With Disabilities (Ages 3-21) Enrolled by Their Parents in Nonpublic Schools . April 7, 2010 ESU 7. LAW. Reauthorization of IDEA 2004 Final regulations were published in Federal Register August 14, 2006
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Special Education Services To Children With Disabilities (Ages 3-21) Enrolled by Their Parents in Nonpublic Schools April 7, 2010 ESU 7
LAW • Reauthorization of IDEA 2004 • Final regulations were published in Federal Register August 14, 2006 • Final regulations became effective October 13, 2006
In a Nut-Shell • Public school where non-public school is located • Child find • Child count • Proportionate Share • Consultation Plan • FAPE for Resident • Equitable Services
Consultation Plan/Meeting • At least annually • Description of: • Child find • Proportionate Share • Consultation process • Special Education Services • Written explanation of disagreements to plan • Affirmation
The Plan… • Annually, no later than June 30 • Can be combined with other Title consultation meetings • Public notice and documentation (newspaper notice, sign-in sheets, agenda, etc) • Written plan • Affirmation signed by attendees • Keep on file at school district, copy to ESU7
Services on the Plan • Input from non-public and home school representatives • Certain special education services can be identified on the plan
Child Find • School district must locate, identify, and evaluate all children with disabilities (ages 3-21) who are parentally-placed in nonpublic schools • Costs for child find are not to be taken out of proportionate share (4412)
Who is included in Child Find? • Parentally Placed • Nonpublic elementary (including religious) • Nonpublic secondary (including religious) • Home school students
Other Child Find Information • Sharing information • School district who has evaluated cannot share info with student’s resident district without written permission • Who pays • District where non-public school is located for initial and re-evaluation
Equitable Services • Services provided to non-resident non-public school students • Does not entitle student to FAPE • Therefore does not need to have all components of IEP • Services plan • Describes special education provided to student • Reviewed annually
Equitable Services… • ESP includes • Present levels of education performance • Annual goals • Type, amount, frequency, location, and duration of services
FAPE • Special Education services provided to resident students who attend nonpublic schools • IEP
Preschool • Must be affiliated with an approved or accredited elementary school • If the child attends a nonpublic preschool or a facility that is not a part of an approved or accredited elementary school, he/she is is the responsibility of the child’s resident district and should receive FAPE
Odds and Ends • Parent may elect at any time to move from ESP to FAPE • Cannot have both IEP and ESP • No documentation of placement for equitable services is required • If necessary for a child to benefit fro or participate in the services provided a child with disabilities parentally-placed in a nonpublic school must be provided transportation • From the service site to the nonpublic school • OR to/from the child’s home depending on the timing of the services
Proportionate Share - 4412 • Calculated based on district’s annual December proportionate share child count • Represents the amount of IDEA money that must be ‘earmarked and spent’ on children with disabilities parentally placed in nonpublic schools during the NEXT fiscal year
Costs included… • Public school contracted services • Transportation • Special education service expenses • Can be carried over one year
Calculation • Number of nonpublic and home schooled students eligible and served for SPED (3-21 y.o.) • Number of nonpublic students eligible and NOT served for SPED (3-21 y.o.) • Number of home schooled students eligible and NOT served for SPED (3-21 y.o.) • Number of public school students eligible and served (3-21 y.o.) • Number of public school students eligible and NOT served (3-21 y.o.)