Preschool Children With Disabilities
Preschool children with disabilities aged 3 through 5 who are enrolled by their parents in private elementary schools are considered to be "parentally placed" if the private preschool or day-care program meets the definition of "elementary school" in the final Part B regulations. "Elementary school" is defined as a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. Children with disabilities, aged 3 through 5, enrolled in a private school or facility that meets the state's definition of an "elementary school" would be considered parentally placed and the equitable participation provisions would apply. Children with disabilities aged 3 through 5 enrolled in a private school or facility that does not meet the state's definition of "elementary school" would not be eligible for equitable services. However, the state's obligation to make FAPE available to eligible children with disabilities aged 3 through 5 remains.