Serving Students with Disabilities in Iowa`s Accredited Nonpublic

Serving Students with
Disabilities in Iowa’s
Accredited Nonpublic Schools
Iowa Department of Education
September 8, 2010
• Federal law (20 U.S.C. § 1412(a)(10))
o Proportionate Share
o Consultation Process
• State law (Iowa Code § 256.12)
o “In the same manner and to the same extent”
o Location of Services
• Making Federal and State law work together
Important Limitation
This presentation deals with
accredited nonpublic schools only.
Unaccredited “schools”? Home-schooled children?
– Proportionate share does not apply.
– “In the same manner and to the same extent”
does not apply.
Federal Law
The IDEA addresses three ways children with
disabilities are educated in nonpublic schools.
 Placed by school districts
 Placed by parents (equitable participation)
 Placed by parents, when FAPE is at issue
The difference between the second and third bullet
is “provide me services” vs. “write me a check.”
Federal Law
Three Key Steps
1) Count the number of kids with disabilities
placed by their parents in accredited
nonpublic schools.
2) With that number, Determine the
“proportionate share” per AEA.
3) Consult with interested parties about using
the proportionate share.
Federal Law: Consultation Process
Five required topics
Child find
Proportionate Share
Consultation Process
Provision of Special Education & Related
5. Explanation if nonpublic school officials
Appendix “A”
Federal Law: Consultation Process
• Consultation at least annually.
• Consultation at the AEA level.
• Some items are mechanized for public
agencies already by Project EASIER, IMS, and
the Special Education Supplement.
Consultation Process Participants
One consultation process per AEA
Public agency representatives
Nonpublic school representatives (Every private
school? May be a good idea, but not
Parents of children with disabilities who attend
nonpublic schools.
Federal Law: Services
• Evaluation/child find? Does not count toward
proportionate share (includes out-of-district & out-ofstate students).
• Location? Determined by state law (LATER).
• Type of services? Services must be “secular, neutral,
• Public school staff? If necessary, and not ordinarily
provided by nonpublic school staff.
• Nonpublic school staff? Outside of regular hours and
under AEA supervision/control.
• Children are entitled to an IEP, not a “services plan.”
Federal Law: Services
“I don’t want an IEP. I want a ‘services plan’
“I don’t want an IEP. I want a ‘§ 504 Plan’
Federal Law: Services
The consultation process is at the AEA level.
The consultation process concerns support services.
☑special education consultant services
☑educational strategist services
☑occupational therapy
☑physical therapy
☑school psychology
☑school social work
☑special education nursing services
☑speech–language services
Federal Law: Funds
• Funds may not benefit a private school.
• Funds/supplies may only be used for special
• Funds/supplies under public agency
ownership, supervision, and control
• No permanent improvements to the
nonpublic school site.
• 1 year carry-over for unspent funds.
Federal Law: Data
Report annually
• The number of children evaluated.
• The number of children determined eligible.
• The number of children who receive services
funded by Part B.
Procedural Requirements &
Affirmation of consultation or documentation of
consultation (file with DE by June 30 of each
FORM: Appendix B
Appeal regarding consultation process.
FORM: Appendix C
State complaints & due process hearings
regarding services.
State Law
Special education services provided “in the same manner
and to the same extent” in accredited nonpublic
schools as public schools. Iowa Code § 256.12(2)
“In the same manner and to the same extent” is a floor
and a ceiling. No more and no less.
→Services must be required by an IEP.
→Secular, neutral, and nonideological.
Location of Services, pt. 1
There are four types of services that are provided
on the nonpublic school’s site, with the nonpublic
school’s permission.
1. Health services
2. Special education support and related services
provided by area education agencies for the
purpose of identifying children with disabilities
3. Assistance with physical and communications
needs of students with physical disabilities
4. Services of an educational interpreter
Location of Services, pt. 2
• All other services may be provided on the
premises of an accredited nonpublic school
―at the discretion of the school district or area
education agency
― with the permission of the lawful custodian of
the property
• Public agency discretion must not be abused.
John T. v. Marion Indep. Sch. Dist., 173 F.3d 684
(8th Cir. 1999). Public agencies must not
frustrate the purpose of § 256.12.
A tale of two students
• Has an IEP with goals and
services for speech and
• CSD and AEA propose
providing speech services
and reading at the school
Steve would attend.
• Steve’s parents and
nonpublic school staff insist
on on-site services.
• Has an IEP because of physical
disabilities. Her IEP calls for,
among other things, a daylong
1:1 aide to assist with
• CSD and AEA propose
providing the 1:1 aide at the
school Sharon would attend.
• Sharon’s parents and
nonpublic school staff insist on
on-site services.
“Seven Steps” Under § 256.12
1. Is the child an eligible individual?
2. Is the nonpublic school accredited?
3. What services are called for in the child’s IEP?
4. What does § 256.12 say about location of services?
5. For instructional services, the AEA assigns a weight to the
6. Ensure any services provided are provided in accordance
with the law: “secular, neutral, and nonideological,” etc.
7. For LEA services under 256.12, submit a claim for actual
costs to the DE by August 1 of the following school year.
Federal law requires this.
“If a child is enrolled, or is going to enroll in a
private school that is not located in the LEA of
the parent's residence, parental consent must
be obtained before any personally identifiable
information about the child is released
between officials in the LEA where the private
school is located and officials in the LEA of the
parent's residence.”
FORM: Appendix D
Federal & State Law
Putting the Pieces Together
Both require an IEP. Both require secular services.
Federal Law
Proportionate Share
Support Services
State Law
Remainder of Support Services
Instructional Services
DE Contacts
• Thomas Mayes
[email protected]
• Sharon Hawthorne
[email protected]
• Steve Crew
[email protected]

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