The LEA where a private school is located is responsible for IDEA Child Find activities for parentally-placed private school students attending that school. The LEA must consult with private-school representatives and parents, determine the proportionate share of IDEA funds, and decide how equitable services will be provided.
Parentally-placed private school students do not have an individual entitlement to receive all services they would receive through FAPE in a public school.
IDEA Section 612(a)(10)(A)
34 CFR §§300.130 through 300.144
34 CFR Part 300, Appendix B
OSEP, Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools
The LEA must conduct timely and meaningful consultation with private-school representatives and parent representatives concerning:
The Child Find process
The number of students identified through Child Find
The calculation of proportionate share
How, where, and by whom services will be provided
How services will be divided if available funds cannot serve every eligible student
How the LEA will provide written explanations when it disagrees with private-school representatives
The proportionate-share calculation includes eligible parentally-placed private school children with disabilities attending private schools within the LEA’s boundaries, including students who reside in other LEAs.
The calculation is based on the LEA’s Section 611 and Section 619 allocations and the number of eligible public and private school children with disabilities.
If proportionate-share funds remain unobligated at the end of the first fiscal year, they must remain available for private-school equitable services during one additional carryover year.
A student selected to receive equitable services is provided a service plan, not a public-school IEP. The service plan describes the specific special education or related services the LEA will provide.
The amount and type of service are determined through the consultation process and are limited by the available proportionate-share funds.
Assigning responsibility to the LEA of residence instead of the LEA where the private school is located
Excluding eligible out-of-district students from the calculation
Treating consultation as a one-time notification rather than an interactive process
Promising an individual entitlement to FAPE or a complete IEP
Returning unspent funds to the general IDEA budget before the required carryover year ends
Paying IDEA funds directly to a private school without an allowable arrangement
Alabama State Department of Education — Special Education Services (SES)
Materials are provided for technical assistance purposes and do not constitute legal advice.