This module looks at... This module looks at... Equitable services - PowerPoint PPT Presentation

� hildren with Disabilities hildren with Disabilities E E Enrolled by Their Parents Enrolled by Their Parents ll d b Th i P ll d b Th i P t t i � i in � rivate S in rivate S i S h S h chools chools l l Produced by NICHCY, 2007

This module looks at... This module looks at... Equitable services for “ parentally- placed” children with disabilities i in private schools i t h l • What equitable services are What equitable services are Produced by NICHCY, 2007 • How they’re determined • School district responsibilities p • Services plans • Location of services • Calculating the proportionate share • How IDEA’s procedural safeguards p g apply

� hat types of schools are there? Produced by NICHCY, 2007

� � arentally-Placed � � � eneral Are There Differences in S Differences in S ervices ervices for Children with Disabilities Enrolled by Their Parents… In private In public school? school? Yes. Th There may be b significant differences. Produced by NICHCY, 2007

� � arentally-Placed � �� eneral Differences in S Differences in S ervices ervices "Parentally-placed" children with disabilities: "P t ll l d" hild ith di biliti • have no individual right to services under IDEA • may receive different amount of services • may receive different amount of services, possibly none LEA has obligation ...the group of "parentally-placed" to provide to provide… children with disabilities with children with disabilities with equitable participation in services funded with federal IDEA funds Produced by NICHCY, 2007

� � arentally-Placed � �� eneral S chool District Responsibility Which school district is Which school district is responsible… The LEA where the private school is located. … for decisions for decisions about services to parentally-placed private children with disabilities? Produced by NICHCY, 2007

� � arentally-Placed � �� onsultation How are decisions made about services to be provided to "parentally-placed" children with disabilities? Each LEA must consult: • with private school representatives and representatives of parents of i f f "parentally-placed" children with disabilities • in timely and meaningful way • on key issues affecting the ability of eligible children to participate equitably in IDEA-funded special education and related services education and related services � onsultation! Produced by NICHCY, 2007

� � arentally-Placed � �� onsultation What must the • Child find Child find consultation lt ti • Determining the proportionate process involve? share of IDEA funds available • Determining the consultation process to be used • How, where, and by whom services will be provided • Disagreement process for LEA Di t f LEA Produced by NICHCY, 2007

� � arentally-Placed � �� onsultation What records on consultation must lt ti t LEA must obtain a written an LEA maintain? • affirmation signed by the g y representatives of participating private schools. If representatives do not provide • that affirmation within reasonable period of time, LEA bl i d f ti LEA must forward documentation of consultation process to the SEA. Produced by NICHCY, 2007

� � arentally-Placed � �� hild Find How are "parentally-placed" children suspected of having a p g disability located, identified, and evaluated? Not New in IDEA: Child find New in IDEA: Responsibility to conduct p y child find in private schools now resides with the LEA where the private school is where the private school is located Produced by NICHCY, 2007

� � hild Find � � arentally-Placed � Private school Same as procedures Child Find for public school Process Process children hild Similar to Similar to activities Child Find for public school Activities Activities children children Completed in a Completed in a Evaluation time period comparable to Procedures that for public school children Produced by NICHCY, 2007

� � arent Consent � � arentally-Placed � May a "parentally-placed" child with disabilities be evaluated without the parent’s consent? No— The LEA may not override a The LEA may not override a parent’s refusal to consent to the evaluation or a parent’s f il failure to respond to LEA t d t LEA ’ ’s request to evaluate the child Produced by NICHCY, 2007

� � rotecting Privacy � � arentally-Placed � Release of personally identifiable information Sharing information between LEAs Produced by NICHCY, 2007

� Offering � APE � � arentally-Placed � S ituation: A "parentally-placed" child is found through child find t h to have a disability di bilit Question: Q Which LEA is responsible for offering the child F APE: the LEA where the child lives, or • the LEA where the private school is located? • Generally, the LEA where the child lives Produced by NICHCY, 2007

� � eporting � � arentally-Placed � What specific child count information must the LEA maintain and report to the S EA? Number of "parentally- placed children with placed" children with disabilities: • evaluated • evaluated • determined to be “children with disabilities” under Part B • provided equitable services Produced by NICHCY, 2007

� � ervices Plan � � arentally-Placed � At the child level, , • A services plan A services plan what’s required? • A plan that describes the A l th t d What’s a services What’s a services ib th plan? specific special education and related services the LEA will provide to the child Produced by NICHCY, 2007

� � ervices Plan � � arentally-Placed � More about service plans, you say? Produced by NICHCY, 2007

� � ocation of S � � arentally-Placed � ervices • How is the “location of services” determined? services determined? • Where may equitable services be provided? p • What about • What about transportation? Produced by NICHCY, 2007 • What about separate classes?

� � ersonnel � � arentally-Placed � Who provides the equitable services? What conditions apply if services are provided by an employee of:  The public agency?  Th  The private school? i t h l? Produced by NICHCY, 2007

� � ersonnel � � arentally-Placed � Do requirements for “ highly qualified” teachers apply lifi d” h l to personnel providing equitable services? q If services are provided If services are provided by an employee of:  The public agency— Yes The public agency Yes  The private school— No Produced by NICHCY, 2007

� � xpenditures � � arentally-Placed � Ready for some math? Produced by NICHCY, 2007

� � xpenditures � � arentally-Placed � Number of eligible g children with disabilities $152,500 320 300 300 In public schools I bli h l + 20 In private schools 320 $476.57 a child Federal Part B x 20 children x 20 children $152,500 Flow-Through $$ LEA receives $9,531.25 for proportionate share ti t h Produced by NICHCY, 2007

� � xpenditures � � arentally-Placed � $$ spent on child Proportionate share find / evaluation in find / evaluation in $$ to be spent in $$ to be spent in private schools private schools Can this… … be deducted from that? No. Produced by NICHCY, 2007

� � xpenditures � � arentally-Placed � Supplementing, not Two New Fiscal Provisions supplanting Federal $$ for "parentally-placed" children with disabilities Carrying over or obligating unspent proportionate share $$ from one year to the next year from one year to the next year Produced by NICHCY, 2007

� � reschools? � � arentally-Placed � And what about "parentally- placed" preschoolers? p p The State’s definition of elementary school directly l h l di l affects whether or not preschool children with disabilities attending disabilities attending private schools are considered for equitable services services See Section 22-1-3(A) NMSA 1978 Produced by NICHCY, 2007

� � ome S � � arentally-Placed � chools? Are home-schooled children with disabilities considered "parentally- placed" private school children? In New Mexico, No. See: Section 22-1-2(K) NMSA 1978 Produced by NICHCY, 2007

� � ue Process � � arentally-Placed � May parents who have placed th i hild their child with disabilities in a ith di biliti i private school file a due process complaint? process complaint?  Regarding provision  Regarding child find of services— No . requirements— Yes . Must use State Must file with LEA complaint complaint where private school is where private school is procedure. located. Produced by NICHCY, 2007

� � omplaints � � arentally-Placed � And speaking of complaints… Let’s take a look at: Let’s take a look at: Complaints filed by • private school officials Produced by NICHCY, 2007