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Private Schools

Private Schools. Children Enrolled by Parents in Private Schools [612(a)(10)(A)]. IDEA 2004 enacted changes in Consultation process; Child Find and reporting; How services will be delivered; and Determination of proportionate share of funds; costs.

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Private Schools

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  1. Private Schools Oregon Department of Education

  2. Children Enrolled by Parents in Private Schools[612(a)(10)(A)] IDEA 2004 enacted changes in • Consultation process; • Child Find and reporting; • How services will be delivered; and • Determination of proportionate share of funds; costs Oregon Department of Education

  3. Consultation Process[612(a)(10)(A)(iii) and (A)(iii)(I)] • Timely and meaningful; • Includes private school representatives and representatives of parents of parentally placed private school children with disabilities; • Includes Child Find and how parents, teachers, and private school officials will be informed of the Child Find process. Oregon Department of Education

  4. Consultation Process [612(a)(10)(A)(iii)(II)-(III) • Includes the determination of the proportionate amount available and how the amount was calculated. • Must include how the district will ensure the meaningful participation of parentally placed private school students in special education and related services throughout the year. Oregon Department of Education

  5. Service Delivery[612(a)(10)(A)(iii)(IV-V)] Includes • Types of services to be provided and by whom; • Service delivery mechanisms; • Apportionment of services if funds are insufficient; and • How and when services will be delivered. If the district disagrees on services, it must provide written explanation of reasons. Oregon Department of Education

  6. Written Affirmation [612(a)(10)(A)(iv)] • Written affirmation must be provided to the district by private school officials stating that the consultation was meaningful and timely. • If written affirmation is not provided to the district within a reasonable period of time, the district forwards the documentation of the consultation process to the state. Oregon Department of Education

  7. Complaints [612(a)(10)(A)(v)(I-II)] • Private schools may complain to the state if the consultation was not meaningful and timely, or that the district did not give due consideration to their views. • If private schools are dissatisfied with the state’s response, they may appeal to the U.S. Department of Education, Office of Special Education Programs. Oregon Department of Education

  8. Child Find • After timely and meaningful consultation, the district conducts a thorough and complete child find to determine the number of parentally placed private school children with disabilities attending private schools located in the district. [612(a)(10)(A)(i)(II)] • Child find is designed to ensure equitable participation and an accurate count of such children. [612(a)(10)(A)(ii)(II)]11 Oregon Department of Education

  9. Child Find • Activities must be similar to those undertaken for the agency’s public school children.[612(a)(10)(A)(ii)(III)] • Child Find process must be completed in a time period comparable to other schools in the district.[612(a)(10)(A)(ii)(V)] • Districts report to the state the number of children evaluated, the number with disabilities, and the number of those served.[612(a)(10(A)(i)(V)] Oregon Department of Education

  10. Proportionate Share • Amounts to be expended by the district for the provision of services (including direct services to parentally placed private school children) shall be equal to a proportionate amount of federal funds made available under Part B. [612(a)(10)(A)(i)(I)] • State and local funds supplement, not supplant, proportionate share. [612(a)(10)(A)(i)(IV)] Oregon Department of Education

  11. Proportionate Share: Cost • After consultation and in calculating proportionate amount, the district must conduct a complete Child Find process to determine the number of parentally placed children attending private schools in the district.[612(a)(10)(A)(i)(II)] Oregon Department of Education

  12. Proportionate Share: Cost • The cost of carrying out the Child Find requirements, including individual evaluations, may not be considered in determining whether a district has met its obligations to Children Enrolled in Private Schools by their Parents, Section 612(a)(10)(A)(i). [612(a)(10)(A)(ii)(iv)] Oregon Department of Education

  13. Services • Parentally placed children in private schools in programs IDEA participate in special education and related services under IDEA according to the requirements of Section 612(a)(10)(A),Children Enrolled in Private Schools by their Parents. [612(a)(10)(A)(i)] • Public agency employees or contractors shall provide services. [612(a)(10)(A)(vi)(I)] Oregon Department of Education

  14. Services • To the extent consistent with law, services may be rendered on the premises of private (including religious) schools. [612(a)(10)(A)(i)(III)] • Services must be “secular, neutral, and non-ideological”. [612(a)(10)(A)(vi)(II)] Oregon Department of Education

  15. Summary of Major Changes • Private Schools • Adds specific requirements for consulting with private schools and parent representatives about child find, the consultation process, service delivery, and the determination of a proportionate share of funds. • Requires the district to report to the state the number of parentally placed private school students evaluated, found eligible, and served. Oregon Department of Education

  16. Summary of Major Changes Private Schools • Requires the district to obtain a written affirmation from private school representatives that timely and meaningful consultation occurred. If this affirmation is not received, requires the district to send its consultation documentation to the state. • Gives private schools the right to file a complaint with the state about the consultation process and the right to appeal the state’s decisions to the U.S. Office of Education. Oregon Department of Education

  17. Private Schools Other Resources • Find the Assurance and the Technical Assistance Checklist on the ODE website under IDEA Part B http://www.ode.state.or.us/search/results/?id=260 • Related OSEP One-Pagers: Children Enrolled by Parents in Private Schoolshttp://www.nichcy.org/idealist.htm Oregon Department of Education

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