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

Children with Disabilities Placed in Private Schools by Their Parents

Note: 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.


Letter to Brian Radziwill
September 8, 2017
Topic: Children with Disabilities Placed in Private Schools by their Parents

This letter responds further to questions concerning certain provisions of IDEA that pertain to children with disabilities enrolled by their parents in private schools.
PDF (156KB)


Letter to Ellen Chambers
December 27, 2016
Topic:
Children with Disabilities Placed in Private Schools by their Parents
Letter regarding the obligation of local educational agencies (LEAs) to provide transportation services to children with disabilities who have been placed in private schools by their parents to and from LEA-recommended special education services.
PDF (140KB)


Letter to Martha Goodman
August 23, 2016
Topic: Children with Disabilities Placed in Private Schools by their Parents

Letter regarding:

  • the calculation of the proportionate share of IDEA funds that must be used by a local educational agency (LEA) to provide special education and related services to parentally-placed private school children with disabilities when that LEA is required to reserve a portion of its IDEA funds to provide comprehensive coordinated early intervening services (CEIS) because it has been identified with significant disproportionality, and
  • whether Medicaid reimbursement is permitted for special education and related services provided to parentally-placed private school children and the potential impact on equitable services to such children.
PDF (138KB)


Letter to Michael I. Inzelbuch
November 23, 2015
Topic: Proportionate Share / Equitable Services.

Letter regarding whether an local educational agency (LEA) may dedicate a portion of its proportionate share funds as a part of a settlement agreement without timely and meaningful consultation as required under 34 CFR  §300.134 of the regulations IDEA.
PDF (82KB)


Letter to Edward Sarzynski
July 6, 2015
Topic: Parentally Placed Private School Children with Disabilities

Letter regarding if all the obligations of 34  CFR  §§300.130–300.144 apply to the public school district where a private school is located when the parents of a child with a disability reside outside the country.
PDF (102KB)


Letter to Sam Sutton and David Rubel
September 29, 2014
Topic: Parentally-placed Private School Students

Letter regarding whether special education and related services for children with disabilities enrolled by their parents in private schools could be delivered using inclusion models that you describe in your letter.
MS Word (99KB) | PDF (45KB)


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.
MS Word (39KB) | PDF (630KB)


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.
MS Word (39KB) | PDF (630KB)


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.
MS Word (39KB) | PDF (630KB)


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.
MS Word (39KB) | PDF (630KB)


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.
MS Word (39KB) | PDF (630KB)


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.
MS Word (39KB) | PDF (630KB)


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.
MS Word (34KB) | PDF (234KB)


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.
MS Word (27KB) | PDF (168KB)


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Last Modified: 10/12/2018