special education rights and responsibilities - Disability Rights ...

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Information on IEP Process The district is solely responsible for making the final decision with respect to the educational services to be provided to these students. [34 C.F.R. Secs. 300.137(b)(1) & (2).] Once a student with a disability is enrolled in a religious or other private school by the student’s parents and will receive educational services, the district must conduct meetings to develop, review and revise a services plan that describes the special education and related services that the district will provide to the student in light of the services that the district has determined it will make available. The services plan must be developed, reviewed, and revised using the same procedures required in the development of an IEP. [34 C.F.R. Secs. 300.137(c) & (b).] Special education and related services, including materials and equipment, must be secular, neutral, and non-ideological. [34 C.F.R. Sec. 300.138(c)(2).] If transportation is necessary for students to benefit from the services, the district must provide transportation from the student’s school or home to a site other than the private school and from the service site to the private school. The district is not required to provide transportation from the student’s home to the private school. The cost of the transportation may be included in calculating whether the district has met its financial burden in the provision of services to parentally-placed private school students. [34 C.F.R. Sec. 300.139.] As long as the school district has made FAPE available, it is not required to pay for special education and related services for any parentally-placed student in a private school. [34 C.F.R. Sec. 300.148.] However, if your child is placed in a private school by the district in order to receive FAPE (although it is unlikely a district would place a student in a private religious school for this purpose), the district is financially responsible for all necessary instructional, related, and supplementary services. [34 C.F.R. Secs. 300.145 - 300.147.] See Chapter 5, Information on Related Services. 4 - 31
Information on IEP Process 48. If I place my child in a private school, will the district pay me back for the costs? Is there anything in particular I should know before I make such a placement? Yes. If you enroll your child in a private school unilaterally — that is, without the agreement of the rest of the IEP team — there is a possibility that you may be reimbursed for the money you have spent. However, you will probably have to prove at a due process hearing that the district’s program was not appropriate and that the private school you selected is appropriate. You may be entitled to reimbursement even if the private school in which you “parentally-placed” your child in is not certified by the state. [Florence County School District v. Carter, 510 U.S. 7 (1993); Union School District v. Smith, 15 F.3d 1519 (9th Cir. 1994); 34 C.F.R. Sec. 300.148(c); Cal. Ed. Code Sec. 56175.] You should inform the IEP team at the most recent IEP meeting that you intend to reject the public school placement offer before removing your child from the public school. At that same meeting, you should also state your concerns and your intent to enroll your child in a private school at public expense. Otherwise, you may be denied full or partial reimbursement. However, if you do not give notice at the meeting, you must give written notice to the district at least 10 business days before you remove your child. [34 C.F.R. Sec. 300.148(d)(1); Cal. Ed. Code Sec. 56176.] Reimbursement may also be denied or reduced if before you remove your child, the district notifies you of its desire to reassess him, and you fail to make your child available for that reassessment. [Cal. Ed. Code Sec. 56176(c); 34 C.F.R. Sec. 300.148(d)(2).] If you do not give the required notice described above, either at the most recent IEP meeting or in writing at least 10 business days before removal, reimbursement must not be reduced or denied if you failed to give the necessary notice because: 1) it would likely have resulted in physical harm to the child, 2) the school prevented you from giving notice, or 3) you had not received your parents-rights notice which would have informed you of your responsibilities in this situation. 4 - 32
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