CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR PARENTS
PRIVATE SCHOOL CHILDREN WITH DISABILITIES
Private school children with disabilities means children with disabilities enrolled by their parents in private schools and not children with disabilities enrolled in private schools upon referral by a LEA.707 KAR 1:280 Section 1 (47)
34 CFR 300.130
“Home school” means for purposes of 707 KAR Chapter 1 only, a private school primarily conducted in one’s residence.
707 KAR 1:280 Section 1 (31)
Child Find Activities in Private Schools
(1) An LEA shall locate, identify, and evaluate all private school children with disabilities, including school children attending private, religious schools within the boundaries of the LEA. These activities shall be comparable to the activities to locate, identify, and evaluate children with disabilities in the public schools. An LEA in which private schools are located shall include parentally-placed private school children who attend those schools but reside in a state other than Kentucky in the LEA’s child find activities.
(3) An LEA shall consult with appropriate representatives of the private schools on how to carry out these activities.
(4) Child find activities shall be completed in a time period comparable to that for other students attending public school in the LEA. An LEA shall not consider the costs, including the cost of individual evaluations incurred by the LEA’s child find activities, in meeting its obligation under 707 KAR 1:370 Section 4 (3).
707 KAR 1:370 Section 2 (1), (3), (4)
34 CFR 300.131
If, through Child Find activities, KLEA locates a child who is parentally placed in a private school in KLEA, KLEA staff cannot disclose information to the school of residence without obtaining written parental consent (see Release of Education Records to another Public School District in CONFIDENTIALITY procedures).
Child Tracking System
Child Find for Children with Disabilities Enrolled by their Parents in Private School.
(2) The LEA shall maintain in its records and provide to KDE:
(a) the number of children evaluated under this section;
(b) the number of children determined to be children with disabilities under this section; and
(c) the number of children served under this section.
707 KAR 1:370 Section 2 (2)
34 CFR 300.131 (a) & (b)
KLEA has developed and implements a child tracking system that monitors:
1. children who are in the referral and evaluation process;
2. children who are determined to have a disability;
3. children who are currently receiving needed special education and related services, including private school children receiving services as outlined in a Services Plan; and
4. children who have been determined eligible for special education and related services but are not currently receiving these services, including children in private schools who do not have a Services Plan.
Evaluation for Services
If a parent of a child who is parentally placed in a private school does not provide consent for the initial evaluation or the reevaluation or a parent fails to respond to such a request, the LEA:
(a) shall not use the procedures in 707 KAR 1:340 for mediation, dispute resolution meeting, or a due process hearing;
(b) shall not be required to consider the child as eligible for services under this administrative regulation; and
(c) shall document its attempts to obtain parental consent which may include records of telephone calls, copies of correspondence, records of home or place or employment visits, and the results of these efforts.
707 KAR 1:370 Section 3
34 CFR 300.140
KLEA evaluates all children with suspected disabilities who attend any school within the boundaries of KLEA, according to procedures for PROCEDURAL SAFEGUARDS and EVALUATION.
Eligibility for Services
The ARC follows KLEA established procedures for PROCEDURAL SAFEGUARDS, EVALUATION, ELIGIBILITY, and IEP.
FAPE Availability
An LEA shall make FAPE available to each child with a disability. If a parent decides to place his child with a disability in a private school after the offer of FAPE, the LEA shall not be required to pay for the cost of the private education. Disagreements between a parent and the LEA regarding the availability of a program appropriate for the student and financial responsibility shall be subject to the due process procedures in 707 KAR 1:340.
707 KAR 1:370 Section 1 (1)
34 CFR 300.148 (a)
KRS 157.280 (3)
If the ARC determines that KLEA has an appropriate educational program for the child, and the parent chooses to place the child in a program or facility in another public school district or private organization, the parent assumes responsibility for payment for the costs incurred in educating the child.
KLEA does not pay for the education of a child with a disability in any location other than the one selected by the ARC if the child has a free appropriate public education available from the public school district and the parents chose to unilaterally place the child in the private school or facility.
Disagreements between a parent and KLEA regarding the availability of a program appropriate for the child, and the question of financial responsibility, are subject to due process procedures.
Private school children with disabilities may receive a different amount of services than children with disabilities in public schools. There shall be no individual right to special education and related services, but the student shall receive the services provided in the service plan in light of the services the LEA has determined to provide.
707 KAR 1:370 Section 6 (2)
34 CFR 300.138 (a) (2)
34 CFR 300.137 (a)
A parentall placed private school child with a disability has no individual right to receive FAPE.
Services Plan
A private school child with a disability who has been designated to receive services shall have a services plan that describes the specific special education or related services that the LEA will provide in light of the services the LEA has determined to provide private school children with disabilities through the process in Section 5 of this administrative regulation.
707 KAR 1:370 Section 6 (3)
34 CFR 300.138 (b)
If, after the ARC determines the child meets eligibility for a disability, the parents make clear their intention to enroll (or continue enrollment of) their child at a private school, the ARC does not develop an IEP for the child. The ARC may determine the child may receive services through a Services Plan that describes the special education or related services KLEA will provide according to the procedures for Determination of Proportionate Amount of Spending in CHILDREN PLACED IN PRIVATE SCHOOLS.
If a determination is made that the child needs special education and related services, the general rule in 34 CFR Section 300.535 (b) is that an IEP must be developed for the child in accordance with 34 CFR Section 300.340-300.350, with one important exception. If the parents make clear their intention to enroll their child at a private school and that they are not interested in a public program or placement for their child, the public agency need not develop an IEP for the child. If the parents choose not to accept the public agency’s offer to make FAPE available to their child, the public agency still must include the child in its eligible population of parentally-placed private school children with disabilities, whose needs must be considered and addressed in accordance with 34 CFR Section 300.450-300.462 of the Part B regulations.OSEP Memo, Q&A #8, May 2000
An LEA shall provide special education and related services to parentally placed private school children with disabilities in accordance with 707 KAR 1:370 Section 5, to the extent consistent with the number and location of these children enrolled in private schools located within the school district boundaries.
707 KAR 1:370 Section 4 (1)
34 CFR 300.138 (b) (1)
A service plan shall be developed and implemented for each private school child with a disability who has been designated by the LEA to receive special education and related services under 707 KAR 1:370 Section 5.707 KAR 1:370 Section 4 (2)
34 CFR 300.138 (b) (2)
KLEA conducts ARC meetings for every child who is enrolled in a private school and has been evaluated by KLEA. If the child meets eligibility for a disability, and the parent of the eligible child makes clear their intention to enroll (or continue enrollment of) their child at a private school, the ARC does not develop an IEP. The ARC Chairperson provides a full and complete explanation of the services the child would receive if enrolled in KLEA. The ARC may determine the child may receive services through a Services Plan.
If the ARC determines the private school child with a disability will receive services from KLEA, the ARC develops a Service Plan to specify the services the child will receive. The Services Plan reflects only the services offered to the private school child with a disability.
The DoSE includes the child in the child tracking system as a parentally-placed private school child with a disability.
KLEA provides special education and related services as described in the Services Plan for children with disabilities enrolled in private schools. KLEA does not provide classes in the general curriculum for the private school student at the public school. For example, if parents request that in addition to receiving speech at the public school, their child also be allowed to take physics, KLEA is not obligated, and does not allow the child to take physics.
Implementation of the Services Plan
The services plan shall, to the extent appropriate:(a) meet the requirements of an IEP under 707 KAR 1:320 with respect to the services provided; and
(b) be developed, reviewed, and revised consistent with the requirements to develop, review, and revise IEPs.
707 KAR 1:370 Section 6 (4)
34 CFR 300.138 (b) (2)
If a child with a disability is enrolled in a religious or other private school by the child’s parents and will receive special education or related services from an LEA, the LEA must
(1) initiate and conduct meetings to develop, review, and revise a services plan for the child; and
(2) ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.
34 CFR 300.137 (c)
Services delivered through a service plan shall be provided by:
(a) employees of the LEA; or
(b) through a contact with the LEA.
707 KAR 1:370 Section 6 (5)
34 CFR 300.138 (c) (1)
Special education and relates services provided through a service plan shall be secular, neutral, and nonideological.
707 KAR 1:370 Section 6 (6)
34 CFR 300.138 (c) (2)
The ARC develops, reviews, and revises the Services Plan on an annual basis, or as necessary, according to procedures for PROCEDURAL SAFEGUARDS, IEP, and SERVICE DELIVERY.
The ARC Chairperson ensures a representative of the private school is included in the ARC to develop or revise a child's Services Plan. If a representative of the private agency cannot attend the ARC meeting, KLEA uses other methods to assure the representative's participation, including individual or conference telephone calls. ARC meetings are scheduled and conducted according to procedures in PROCEDURAL SAFEGUARDS.
Reevaluation for Continued Eligibility
KLEA conducts three-year reevaluations of children with disabilities who attend private schools. If the child is receiving services from KLEA through a Services Plan, the ARC Chairperson sends a Notice to the parent according to NOTICE OF ARC MEETING in procedures for PROCEDURAL SAFEGUARDS.
If the child does not receive services from KLEA, but has been previously identified as a child with a disability, KLEA sends a notice to the parent (see CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR PARENTS RESOURCES, Letter for Withdrawal to Private School) to schedule an ARC for the purpose of reviewing current information and planning an evaluation.
Location of Services
A service to a private school child with a disability may be provided at a site determined by the LEA. If necessary for the child to benefit from or participate in the services provided under a services plan, the private school child with a disability shall be provided transportation:
(a) from the child’s school or the child’s home to a site other than the private school; and
(b) from the service site to the private school, or to the child’s home, depending on the timing of the services.
707 KAR 1:370 Section 7 (1)
34 CFR 300.139 (b)
The DoSE, in consultation with private school representatives, makes the decision regarding the location of services to implement the Services Plan. If the child attends a private school outside the boundaries of KLEA, KLEA may provide the services within the KLEA boundaries, or through contract with the public school district in which the private school is located. The public school district in which the private school is located is not required to contract to provide the services.
A LEA shall not be required to provide transportation from the child’s home to the private school.