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FILE:  IGBA-AP4
CRITICAL

 

PROGRAMS FOR STUDENTS WITH DISABILITIES

(Students Enrolled in Private Schools)

 


Definitions


Child or Student with Disabilities – Students eligible for special education and related services pursuant to Part B of the Individuals with Disabilities Education Act (IDEA) and applicable law.


Parentally Placed Private School Children with Disabilities – Children with disabilities enrolled in private schools or facilities by their parents. This does not include students placed in private schools or facilities when the local district's offer of a free appropriate education is rejected.


Agency Placed Private School Children with Disabilities – Children enrolled or referred to private schools or facilities by court order, by a state department or division or by the North Kansas City School District.


Approved Private School/Facilities – Those facilities and schools approved by the Missouri State Board of Education to provide special education and related services.


Private School – Nonpublic secular, religious or home schools.


Parentally Placed Private School Children


Child Find


In order to ensure the equitable participation of parentally placed private school children with disabilities in the district’s special education program and an accurate count of those children, the superintendent or designee will conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities who are attending private schools located in the district after consultation with representatives from private schools and parents of parentally placed private school children with disabilities. The process will include publication prior to November 1 of each year of the district’s obligations under the IDEA in accordance with law and Board policies and procedures.


The superintendent or designee will consult with representatives of private schools in the district to determine the best method for conducting the count, which will be taken between October 1 and December 1 of each year. This count will provide the basis for next year's obligation.


The superintendent or designee will maintain records of parentally placed private school children with disabilities, including an accurate count of such children and provide the Department of Elementary and Secondary Education (DESE) records concerning the number of parentally placed private school children evaluated, the number of those children determined to be children with disabilities and the number of children then served by the district.


Consultation


In order to ensure the timely and meaningful consultation with representatives from private schools and representatives of parents of parentally placed private school children required by law, the special education director will meet with those representatives at least twice annually.


These two (2) meetings will include discussion of:

 

1.         The child find process, including how parents, teachers and private school officials will be informed of that process and how students suspected of having a disability can participate equitably.

 

2.         The proportionate share of funds available to serve parentally placed private school children, including how the proportionate share was calculated.

 

3.         How the consultation process involving the district, private school officials and parents will work throughout the school year to ensure that parentally placed children with disabilities can meaningfully participate in special education and related services.

 

4.         A plan for delivery of services, including how, where and by whom special education and related services will be provided. The plan must include the types of services offered, whether the services will be provided directly or through an alternative delivery mechanism and how funds will be apportioned if insufficient. The plan must also specify how and when these decisions will be made.

 

5.         An assurance that the district will provide a written explanation should the district and private school officials disagree on the provision of services or types of services provided.

 

6.         An explanation of how the consultation process will operate throughout the school year.


The private school official shall provide the district with a written affirmation that consultation has taken place. Should the private school officials fail to provide such affirmation at the conclusion of the meeting or within a reasonable time thereafter, the special education director will forward documentation of the consultation process to DESE.


Provision of Services


No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services the child would receive if enrolled in a public school. However, pursuant to Board policy, the North Kansas City School District will provide equitable special education and related services to eligible students to the extent required by state and federal law.


The special education director or designee will direct the development and implementation of a service plan for eligible children in consultation with parents and representatives from the private school where the child attends. The service plan must, to the extent appropriate, be developed, reviewed and revised consistent with the procedures used to develop, review and revise an Individualized Education Program (IEP), and a representative of the private school must be included. Services may be provided directly by the North Kansas City School District or through an individual, association, agency, organization or other entity through contract with the North Kansas City School District. Personnel providing services by contractual arrangement will meet the same certification standards as district personnel. Service plans will, to the extent appropriate, meet the same standards as an IEP.


Services will be provided at the district or at a neutral local site determined by the district in consultation with the parents and representatives of the private school. The Missouri State Plan for Special Education prohibits the provision of services, equipment and personnel on-site at a private school. If necessary to implement the service plan, the district will provide transportation from the child's private school to the site where services will be provided or from the services site to the child's private school.


Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, will be secular, neutral and nonideological.


The district will spend an amount equal to a proportionate share of the federal money received by the district for provision of special education and related services.


Complaint Resolution


The district will make the final decision with respect to services provided. However, if the district and private school representatives disagree regarding the provision of services, the district will provide a written explanation of its decision regarding services to the private school representatives. If private school representatives believe that the district has not engaged in timely, meaningful consultation or did not give due consideration to the views of private school representatives, the private school representatives may submit a complaint to DESE in accordance with law. Board policy AC prohibits retaliatory actions based on making complaints of prohibited discrimination or harassment based on participation in an investigation, formal proceeding or informal resolution concerning prohibited discrimination or harassment.


The due process procedures provided to students with disabilities in public schools do not apply to complaints brought by parentally placed private school children with disabilities unless the complaint relates to child find activities.


Children Placed in or Referred to Private Schools/Facilities


A child with a disability placed in or referred to an approved private school or facility by the state or the North Kansas City School District as a means of providing special education and related services will be provided a free and appropriate public education, including special education and related services, by the district where the private school or facility is located in accordance with the child’s IEP and at no cost to the child’s parents. A representative of the school or facility where the child is enrolled will be a member of the IEP team.


These children are subject to the same policies, procedures and practices as other students with disabilities served in district facilities.


Children Enrolled in Private Schools by Their Parents as a Rejection of the District’s Offer of a Free and Appropriate Public Education


The district is not responsible for the cost of special education and related services for eligible children in situations where the district has offered a free and appropriate public education but the parents have rejected that offer and elected to place the student in a private school without district referral or consent. A parent may seek reimbursement for the cost of private school placement by utilizing due process procedures.


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Note:  The reader is encouraged to review policies and/or forms for related information in this administrative area.

 

Implemented: 12/13/2005

 

Revised:          03/08/2011


North Kansas City School District, Kansas City, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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Portions © 2005, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: IGBA-AP4.NKC (09/05)

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