# Presentation: 412724

## Individuals with Disabilities Education Improvement Act of 2004(IDEA 2004)Children with Disabilities Placed by Their Parents in Private Schools

- U.S. Department of Education
- Office of Innovation and ImprovementOffice of Non-Public Education

## Slide 2

**Notes:**
•ONPE is housed within OII
•Nina Rees, Assistant Deputy Secretary
•Liaison to ED for private school community assist SEAs, LEAs and the private school community regarding federal education programs and the equitable participation of private school students.

ONPE Website contains info on:
•Federal programs (NCLB, IDEA, etc...)
•Link to NCES Private School Locator
•Publications
•Other ED offices

www.ed.gov 

## Today’s Focus

**IDEA Amendments of 2004**
- Provide an outline of the benefits and services available to children with disabilities enrolled by their parents in private schools when FAPE* is not at issue.

- *Free Appropriate Public Education

**Notes:**
•Signed into law on December 3, 2004 by President George W. Bush
•Designed to strengthen and renew special education and improve education results for all children with disabilities
•Includes new language that ensures equitable participation for children with disabilities who have been placed by their parents in private schools...also referred to as “parentally placed” students
•The House Education & the Workforce Committee bill summary states, “Parents should have the right to choose a private school for their children without losing important special education services.”   
•The provisions of law related to parentally placed students with disabilities take effect on July 1, 2005.
•FAPE – Free Appropriate Public Education
•PL108-446 

## Key Points to Remember

- New Statutory Language
- Consultation
- Written Affirmation
- Child Find
- Equitable Services
- Data Collection
- Compliance
- Additional Information

**Notes:**
Provides for the equitable participation of parentally placed students with disabilities.

## Key Point #1New Statutory Language

- Equitable participation applies to students enrolled in private schools in the school district served by an LEA.
- This language may be further clarified in regulations.

- Section 612(a)(10)(A)(i)

**Notes:**
LEA – Local Educational Agency

## Public Control of Funds

- Hold title to
- Materials,
- Equipment, and
- Property.

- Control and administer the funds and property used to provide special education and related services.

- Section 612(a)(10)(A)(vii)

**The public agency must**

- Key Point #1 (cont’d.)

**Notes:**
IDEA funds must remain in control of the public agency that is responsible for ensuring equitable participation of private school students under IDEA.

## Key Point #2Consultation

- Each LEA (or where appropriate, SEA) shall consult with
- private school representatives, and
- representatives of parents of parentally placed children with disabilities
- during the design and development of special education and related services.

- Section 612(a)(10)(A)(iii)

**Notes:**
SEA – State Educational Agency

Consultation – timely and meaningful – the foundation of ensuring equitable participation

Designed to ensure that parentally placed students with disabilities receive the benefits available under IDEA 2004 

## Consultation Topics

- Child find process
- Determination of proportionate amount of federal funds available for services
- Consultation process itself
- Including how the process will operate throughout the school year to ensure meaningful participation of eligible children in special education and related services

- Section 612(a)(10)(A)(iii)

- Key Point #2 (cont’d.)

**Notes:**
Child Find
Overall framework of locating, identifying, and evaluating students with suspected disabilities

Proportionate Share of Funds
How this amount is calculated

Consultation Process
Discussion of when and how often the consultation should occur
Location of consultation meetings
Dates/times convenient to those participating

## Consultation Topics (cont’d.)

- How, where, and by whom
- Types of services, including direct services and alternate service delivery mechanisms
- How services will be apportioned if funds are insufficient to serve all children
- How and when these decisions will be made

- Provision of special education and related services

- Key Point #2 (cont’d.)

## Disagreement

**WRITTEN EXPLANATION**
- If the LEA disagrees with the views of the private school officials on the provision of services or the types of services – whether provided directly or through a contract – the LEA must provide a written explanation to the private school officials of the reasons why it chose not to provide services.

- Section 612(a)(10)(A)(iii)(V)

- Key Point #2 (cont’d.)

**Notes:**
New provision that addresses disagreements between LEAs and private school officials regarding how services will be provided and which types of services will be delivered.

## Key Point #3Written Affirmation

- When timely and meaningful consultation has occurred as required, the LEA obtains a written affirmation signed by representatives of participating private schools.

- Section 612(a)(10)(A)(iv)

**Notes:**
New requirement 

LEAs must document that consultation has occurred with private school representatives and parent representatives

If private school officials do not provide such affirmation within a reasonable period of time, the LEA shall forward the documentation of the consultation process to the SEA. 

## Written Affirmation (cont’d.)

- If private school officials do not provide written affirmation within a reasonable period of time, the LEA shall forward the documentation of the consultation process to the SEA.

- Key Point #3 (cont’d.)

## Key Point #4Child Find

**Costs** – separate from other LEA obligations
**Purpose** – to ensure equitable participation and an accurate count
**Process** – thorough and complete
**Consultation** – must be timely and meaningful
**Activities** – similar to those for public school children
**Completion period** – comparable time period as for public school children

- Section 612(a)(10)(A)(ii)

**Notes:**
Costs
Separate from other activities (not from funds generated for provision of services)

Process
...shall be designed to ensure the equitable participation of parentally placed private school children with disabilities and accurate count of such children. 

Data collection process is necessary to ensure equitable participation.

## Key Point #5Equitable Services

- Proportionate share of federal funds to be expended for services (formula may be clarified in regulations)
- On-site services allowed, including at religious schools, to the extent consistent with law
- Can include direct services
- Provided directly by LEA employees or through contracts
- Must be secular, neutral, nonideological (including materials and equipment)

- Section 612(a)(10)(A)(vi)

**Notes:**
Example of Services
Direct services might include: a speech and language  or occupational therapist providing services to a student.

## Key Point #6Data Collection

- LEAs shall maintain and provide to the SEA data on the number of parentally-placed children

- Evaluated;
- Determined eligible; and
- Served.

- Section 612(a)(10)(A)(i)(V)

**Notes:**
New requirement

## Key Point #7Compliance

- Private school officials are entitled to submit a complaint to the SEA that the LEA did not

**engage in meaningful and timely consultation; or**
**did not give due consideration to the views of private school officials.**

- If a private school official is dissatisfied with the decision of the SEA, the official may submit a complaint to the secretary of education.

- Section 612(a)(10)(A)(v)

**Notes:**
Complaint Process

A private school official shall have the right to complain to the SEA that the LEA did not engage in timely and meaningful consultation, or did not give due consideration to the views of the private school official.

The private school official shall provide the basis of the noncompliance to the SEA.  The LEA shall forward the appropriate documentation to the SEA.  If the private school official is dissatisfied with the decision of the SEA, such official may complain to the Secretary by providing the basis of the noncompliance.  The SEA shall forward the appropriate documentation to the Secretary.

## Key Point #8Additional Information

- House Education and the Workforce Committee
**Bill Summary**
- http://edworkforce.house.gov/issues/108th/education/idea/1350confsummary.htm
**PL 108-446**

**Notes:**
Other IDEA provisions that may be of interest to private school community 

View online at website provided

## Contact Us

**Office of Non-Public Education (ONPE)**
**400 Maryland Avenue, SW**
**Washington, DC  20202**
**(202) 401-1365**
- OIINon-PublicEducation@ed.gov
- www.ed.gov/about/offices/list/oii/nonpublic/index.html
**Office of Special Education Programs (OSEP)**
**ATTN: OSEP, Mail Stop 2600**
**400 Maryland Ave., SW**
**Washington, DC  20202-2550**
**(202) 245-7459**** **
- www.ed.gov/about/offices/list/osers/osep/index.html

**Notes:**
The Office of Special Education and Rehabilitative Services (OSERS)/Office of Special Education Programs – Primary ED office regarding IDEA

ONPE is working with OSERS/OSEP and will provide information via listserv/web site/publications regarding IDEA 2004