Transcript Slide 1

IDEA EQUITABLE SERVICES:
SERVING PARENTALLY PLACED
PRIVATE SCHOOL STUDENTS WITH
DISABILITIES
Jennifer S. Mauskapf, Esq.
[email protected]
Brustein & Manasevit, PLLC
Spring 2012 Forum
OVERVIEW
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Child Find
 Consultation
 Complaint Processes
 Proportionate Share
 Provision of Services
 Q & A

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Child Find
What is Child Find?
•Parentally Placed Private School Children
•
What is Child Find?
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
Identify, locate and evaluate all children that
“reside in the state” and meet the definition of
“child with a disability”
 Includes

public & private schools
Data reporting – different purposes
 General
child find – number served (Oct.-Dec.);
 Private school child find – number evaluated, eligible,
served
Child Find and Private Schools
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“Each LEA must locate, identify and evaluate all
children with disabilities who are enrolled by
their parents in private, including religious,
elementary and secondary schools located in the
school district served by the LEA.”
34 CFR § 300.131(a)(2006)

 LEA must identify all “parentally placed
private school children” with disabilities
Parentally-Placed Private School Children w/
Disabilities 34 CFR §§ 300.130 – 300.144
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

Who are these children?
 Voluntarily enrolled by their parents in private schools
 Not referred to private schools to receive FAPE
Right to “equitable participation services” in IDEA, Part B


NO individual right to services, not entitled to FAPE
Must spend proportionate share of Part B subgrant funds on
providing special education and related services
 LEA makes final decisions on services – type, how, where, by whom
 “Services Plan” vs. IEP
 “Must Spend”  Special carry-over rule
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Consultation
IDEA Consultation Requirements
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“Timely and meaningful” consultation
 Who?

 Private
school representatives
 Representatives of parents of parentally-placed
private school children with disabilities
CONSULTATION:
Must be “Timely and Meaningful”
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
Timely
 Before

the LEA makes any decisions
Meaningful
 Genuine
opportunity for parties to express their views
 Views seriously considered
 Not unilateral offer without opportunity for discussion

BUT NOTE:
 LEA
has final decision
Required Consultation Topics
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1- Child find process
 2- Proportionate share of Part B funds




How calculated (Appendix B)
Crucial to have accurate count of eligible children
3- Consultation Process

How will consultation operate throughout the year to
ensure parentally-placed private school children with
disabilities can meaningfully participate?
Required Consultation Topics (cont.)
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
4- Provision of special education & related services





a- How, where, and by whom
b- Types of services
c- How apportioned if funds insufficient for all
d- How and when decisions will be made
5- How LEA will provide written explanation when
LEA final decision on services disagrees with private
school officials
Proof of Consultation
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
Written explanation by LEA regarding services


Signed, “written affirmation” from representatives of
participating private schools after timely and
meaningful consultation has occurred


Must include explanations where LEA disagrees with views
of private school representatives
Attendance/Sign-in sheet NOT sufficient
If no affirmation provided within “reasonable period of
time” after consultation, forward to SEA documentation
of consultation process
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Complaint Processes
Private School Officials’
Right to Submit State Complaint
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
Private School Official has the right to complain to
the SEA that the LEA…
 Did
not engage in consultation that was “meaningful and
timely”; and/or
 Did not give due consideration to views of private school
officials.


Private School Official provides basis for complaint
to SEA; LEA required to forward the appropriate
documentation to the SEA
SEA decisions may be appealed to USDE Secretary
Due Process
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


A parent of a SWD parentally placed private school
has a right to file a due process complaint regarding
the child find requirements.
 Must be filed with the LEA in which the private
school is located; LEA must forward a copy to the
SEA.
Because there is no individual right to services for
parentally placed SWDs  no standing to file a due
process complaint on any other grounds.
See 34 CFR § 300.140.
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Proportionate Share
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The Proportionate Share
Set Aside


LEA must calculate the proportionate share for
parentally-placed private school children with
disabilities before earmarking funds for any early
intervening activities in § 300.226. (Appendix B to
regulations)
How are numbers of parentally-placed private
school children with disabilities derived?

LEA determines the number, after consultation
requirements
Calculating the Proportionate Share
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Number of eligible
parentally-placed private
school CWDs
_______________
Total number of eligible
CWDs in the LEA (public
and private)
% of LEA IDEA, Part B
Grant for Equitable
Services to ParentallyPlaced CWDs
Additional Considerations
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
Reverse supplement not supplant requirement!
 State
and local funds may supplement and in no case
supplant the proportionate share of Federal Part B
funds required to be expended.
  Spend your federal funds first!

CARRYOVER
 If
LEA has not expended by end of FY, must obligate
remaining funds on equitable participation services for
parentally-placed private school CWDs during
carryover period of one additional year. 34 C.F.R. §
300.133(a)(3).
Administrative Costs
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
Off the top!!
 Before
public and private school allocations are
calculated


LEA administrative costs for public and private
school program
Third party provider (contractors/private
companies) administrative cost (including fee or
profit)
Calculate the Proportionate Share
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
LEA Child Find Results:
A
total of 20,000 SWDs
 Of those, 2,000 are parentally placed SWDs
 Half of the eligible parentally placed SWDs
participate in equitable services

What % of the LEA’s IDEA, Part B Grant for
Equitable Services should be used for providing
equitable services to Parentally-Placed CWDs?
Calculate the Proportionate Share (cont.)
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Number of eligible
parentally-placed private
school CWDs
2,000
_______________
Total number of eligible
CWDs in the LEA (public and
private)
20,000

% of LEA IDEA, Part B
Grant for Equitable Services
to Parentally-Placed CWDs
0.1 = 10%
REMEMBER: Calculation based on students eligible,
not just those participating.
Carryover
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
“…LEA must spend” the proportionate share
 If
fails to spend entire proportionate share for the given
year LEA must obligate remaining funds for equitable
services for a carry-over period of one additional year.

At end of carry-over year?
 Assuming
LEA is in compliance with Child Find,
consultation, and other IDEA equitable services
requirements  LEA may use the unexpended funds to
pay for other allowable Part B expenditures for that
same LEA.
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Provision of Services
Delivery and Provision of Services
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


Requirement is to provide “special education and related
services (including direct services)”
 Not required to provide direct services exclusively
 Possibilities: consultative services, equipment or materials for
eligible parentally placed CWDs, training for private school
teachers and other private school personnel
 No individual right to services
 Does NOT include Child Find activities
Provided directly by LEA or through private company
May be on-site at private school, with safeguards
§ 1119 Staff Qualifications
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
Do NOT apply to:
 Private
school teachers or paraprofessionals
 Third party contractor teachers or paraprofessionals

DOES apply to:
 LEA
teachers teaching private school students
 LEA paraprofessionals

G-3. States may exceed IDEA requirements and
require teachers in private schools hold certain
credentials or certifications if consistent with State
law.
Services Plan
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

34 CFR §§ 300.132(b) and 300.138(b)
To the extent appropriate, must be developed,
reviewed, and revised in accordance with the IEP
requirements in 34 CFR §§ 300.321-324
 Review
periodically and revise as necessary
 Parent participation in review and development
LEA Maintains Control
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

LEA plans, designs, and implements program
(through timely and meaningful consultation)
LEA controls all finances
 *Includes
maintaining title to materials, equipment, and
property purchased with those funds
GUIDANCE
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



OSEP’s IDEA Website
http://idea.ed.gov
The Right IDEA
OSEP’s New Technical Assistance and Guidance Website
http://therightidea.tadnet.org/
Q&A on Serving Children With Disabilities Placed by Their Parents at
Private Schools (April 2011)
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaC
orner%2C1%2C
ONPE’s IDEA Booklet:
http://www.ed.gov/admins/lead/speced/privateschools/index.html
Equitable Services Citations
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
ESEA
 Title
IX, Uniform Provisions: § § 9501-9506
 *Governs
equitable services under NINE NCLB Programs
 Title
I-A: § 1120
 Title V-A: § 5142 (last appropriated 2007)
 Title V-D-6: § 5466 (last appropriated 2009)

IDEA
USC § 1412(a)(10)(A)/IDEA § 612(a)(10)(A)
 See also IDEA Regs., §§ 300.130-300.144
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Questions?
This presentation is intended solely to provide
general information and does not constitute
legal advice. Attendance at the presentation or
later review of these printed materials does not
create an attorney-client relationship with
Brustein & Manasevit, PLLC. You should not
take any action based upon any information in
this presentation without first consulting legal
counsel familiar with your particular
circumstances.
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