Although there is no individual entitlement to a free appropriate public education (FAPE) for students with disabilities who have been enrolled by their parents in private schools, school districts where nonprofit private schools are located have an obligation to ensure that students with disabilities enrolled in these schools have an opportunity to participate in programs assisted by or carried out under Part B of the Individuals with Disabilities Education Act (IDEA).
IDEA requires that school districts:
- Consult with private school representatives and representatives of parents of parentally-placed private school students with disabilities during the design and development of special education and related services for these students
- Conduct child find activities to locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district
- Provide opportunities for the participation of eligible students with disabilities in programs assisted by or carried out under Part B
- Expend a proportionate amount of the Part B funds for providing special education and related services to parentally-placed private school students with disabilities
The purpose of the technical assistance paper attached below is to provide all involved parties with guidance in the development and implementation of procedures for parentally-placed private school students with disabilities.