Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

CHILDREN IN PRIVATE SCHOOLS

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.


February 4, 2013 to New Jersey Catholic Conference Education Director George Corwell
TOPIC ADDRESSED: Children in Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 612—State Eligibility
MS Word (22KB) | PDF (75KB)


November 7, 2012 to Advocate’s Legal Clinic attorney Michael Boswell
TOPIC ADDRESSED: Children in Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 612—State Eligibility
MS Word (31KB) | PDF (632KB)


August 8, 2012 to Missoula County Public Schools Superintendent Alex P. Apostle
TOPIC ADDRESSED: Children in Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 612—State Eligibility
MS Word (40KB) | PDF (1MB)


June 13, 2012 to East End Special Education Parents, Inc., President Kathleen Chamberlain.
TOPIC ADDRESSED: Children in Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 612—State Eligibility
MS Word (41KB) | PDF (126KB)


Letter to Mr. David Noble Stockford
February 17, 2005
Topic: Children in Private Schools
Letter regarding the responsibility of Maine and its public agencies to ensure that FAPE is made available to students with disabilities who attend private schools because they reside in school districts that do not operate public high schools, and clarifying that IDEA gives Maine and its public agencies no authority to regulate private schools.
MS Word (220K) | PDF (89K)


Redacted letter
October 4, 2001
Topic: Children in Private Schools
Letter clarifying that there is no inconsistency between the statute and the regulations implementing IDEA regarding the extent of rights available to parentally-placed private school children with disabilities and their parents.
MS Word (44K) | PDF (194K)


Redacted letter
May 18, 2001
Topic: Children in Private Schools
Letter regarding placement of children with disabilities in private schools under Part B and possible funding sources for private school placement.
MS Word (44K) | PDF (194K)


Letter to Michael I. Inzelbuch, Esq.
October 2, 2000
Topic: Children in Private Schools
Letter regarding the ability of a hearing officer to require a school district to provide Part B services to children in parochial privateschool settings and the need to review on a case-by-case basis applicable law including the establishment of religion clause of the First Amendment of the U.S. Constitution.
MS Word (220K) | PDF (89K)

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Last Modified: 11/20/2014