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

CHILDREN WITH DISABILITIES PLACED IN PRIVATE SCHOOLS BY THEIR PARENTS

Disclaimer: Letters issued prior to Dec. 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to Aug. 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.

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Letter to Dr. Michael Mendelson
August 29, 2007
Topic: Children With Disabilities Enrolled by Their Parents in Private Schools Letter regarding requirements in Part B of IDEA that are applicable to the LEA where the private school is located when a child with a disability is parentally-placed in a special education private school.
download files MS Word (39K)| PDF (630K)

Letter to Colette Chapman
August 22, 2007
Topic: Children With Disabilities Enrolled by Their Parents in Private Schools
Letter clarifying that children with disabilities placed by their parents in for-profit private schools are not considered ''parentally placed private school children with disabilities,'' are not included in the proportionate share calculation and are not eligible for equitable services.
download files MS Word (39K)| PDF (630K)

Letter to Mr. Lee Warne
March 23, 2007
Topic: Children With Disabilities Enrolled by Their Parents in Private Schools
Letter regarding the role of sending and receiving LEAs in completing child find activities and implementing equitable services for children with disabilities enrolled by their parents in private schools.
download files MS Word (39K)| PDF (630K)

Letter to Dr. Brian L. Talbot
March 23, 2007
Topic: Children With Disabilities Enrolled by Their Parents in Private Schools
Letter regarding the role of sending and receiving LEAs in completing child find activities and implementing equitable services for children with disabilities enrolled by their parents in private schools.
download files MS Word (39K)| PDF (630K)

Letter to Ms. Marsha Mittnacht
March 9, 2007
Topic: Children With Disabilities Enrolled by Their Parents in Private Schools
Letter regarding parentally placed children with disabilities who reside out-of-state and attend private schools located in school districts in Massachusetts.
download files MS Word (39K)| PDF (630K)

Letter to Honorable Christopher Smith
December 1, 2006
Topic: Children With Disabilities Enrolled by Their Parents in Private Schools
Letter regarding the applicability of equitable participation requirements to children with disabilities ages three through five enrolled by their parents in private schools or facilities.
download files MS Word (39K)| PDF (630K)

Letter to Ms. Marcia Mittnacht
May 16, 2006
Topic: Children with Disabilities Placed in Private Schools by Their Parents
Letter regarding the obligation of Massachusetts' school districts to provide and pay for special education and related services for parentally-placed private school children with disabilities who reside outside of Massachusetts and attend private elementary schools and secondary schools located in Massachusetts.
download files MS Word (34K) | PDF (234K)

Letter to Chief State School Officers
June 27, 2005
Topic: Children With Disabilities Placed in Private Schools by Their Parents Letter regarding significant statutory changes made by IDEA 2004 governing the obligations of LEAs to parentally placed private school children with disabilities attending private schools in the LEA's area of jurisdiction and year only, the Secretary will allow states and LEAs to use the best available data in calculating the proportionate amount of federal funds to be expended on services for parentally-placed private school children with disabilities, in lieu of conducting new child counts.
download files MS Word (27K) | PDF (168K)

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Last Modified: 04/09/2008