PAYMENT FOR EDUCATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS WITHOUT CONSENT OR REFERRAL BY THE SCHOOL DISTRICT

1. Students enrolled in private school where a free, appropriate public education (FAPE) is not at issue:
   
   School districts have the responsibility to offer a free, appropriate public education to students with disabilities whose parents have chosen to enroll them in private schools, but that responsibility is significantly limited. Federal law limits the amount that school districts may spend for these services to a proportionate share of federal Individuals With Disability Education Act (IDEA) funds. The school district must seek input from representatives of private school students, but the school district determines which services will be provided.
   
   A child with a disability enrolled in a private school does not have an individual right to receive some or all of the special education and related services that he/she would receive if enrolled in a public school. Due process procedures are unavailable to private school parents for resolving concerns about services provided. Parents may, however, file a complaint.
    
2. Students enrolled in private school where the provision of FAPE is at issue:
   
   Parents may be entitled to reimbursement for costs associated with having unilaterally withdrawn their child from the public school and placed them in a private school only if a court or hearing officer determines that the public agency had not made a free, appropriate public education (FAPE) available to the child.
   
   Parents seeking reimbursement for unilaterally placed private school students based on the allegation that the public school failed to provide free, appropriate public education may have those reimbursements reduced or denied if they do not provide the school district at the most recent IEP meeting with information describing the nature of their concerns relating to the public placement and a proposed resolution to the problem; their intent to reject the public school placement and enroll their child in a private school at public expense. Parents must give written notice to the school district containing the above information at least ten (10) business days prior to the child's removal from a public school placement; they must make their child available if the LEA notifies of their intent to evaluate the student. Reimbursement for private school placement by a parent may also be denied or reduced if a judge finds the parent's actions unreasonable.
   
   Exceptions to this are:
   1) parent cannot write English;
   2) compliance is likely to result in physical or serious emotional harm to the child;
   3) the school district prevented the parent from providing such notice; and
   4) the parents did not receive the notice informing them of the required contents of the parent's notice to the school district; namely, the name and residence of the child, the name of the school the child is attending, a description of the nature of the problem relating to the proposed initiation or change, including facts relating to such problems, and the proposed resolution of the problem to the extent known and available to the parents at the time.