DEPARTMENT
OF EDUCATION
P.O.
SUPTS. MEMO NO. 1
February 9, 2007
INTERPRETIVE
|
TO: |
Division Superintendents |
|
FROM: |
Billy K. Cannaday, Jr. Superintendent of Public Instruction |
|
SUBJECT: |
Parentally Placed Provisions Specific to For-Profit and Nonprofit Private Schools |
Under the provisions of the Individuals with Disabilities Education
Improvement Act, 2004, and its
implementing federal regulations of 2006, school divisions are required to meet
certain mandates related to the educational needs of children with disabilities
who are placed by their parents in private schools located in the school
divisions. The federal regulations
distinguish between for-profit and nonprofit private schools which impacts
school divisions responsibilities in meeting child find and equitable services
to this population.
The school divisions responsibility for children
with disabilities enrolled by their parents in private schools is detailed at
300.130 300.144 of the new federal regulations governing special
education. Section 300.130 states that
parentally placed private school children with disabilities means children
with disabilities enrolled by their parents in private, including religious,
schools or facilities that meet the definition of elementary school in 300.13
or secondary school in 300.36. The
definitions of elementary school and secondary school, as found in the 2006
federal regulations, expanded the 1999 federal regulation language. The terms now include nonprofit language (
300.16 for elementary school; 300.36 for secondary school). This language in the new federal regulations
is consistent with the IDEA 2004, at 1412 (a)(10).
This means that each school division is responsible
for child find and equitable services for children with disabilities who are
placed by their parents in private schools located within the school divisions
jurisdiction. However, the school division is responsible only for these
children placed in private schools that are nonprofit. The school division is not responsible for
the parentally-placed provisions for children with disabilities in private
schools that are for-profit. As long as
the child remains in a for-profit private school, neither the school division where the private school is located nor the
division where the child resides has any responsibility for child find or
equitable services.
In determining the for-profit/non profit status of
the private schools in your division, you may want to consult with your NCLB
office. Superintendents Memo, Administrative, No. 044, October 6, 2006,
Survey of Private, Nonprofit Schools for Federal Program Participation,
provided each school division with information on nonprofit status determinations.
In the alternative, you may need to ask the private school for a copy of the
IRS determination letter or other documentation on the nonprofit status.
Two additional factors may assist you in processing
this issue.
(1) Preschoolers are included in this population. A private preschool or day care program is considered an elementary school if it meets the definition of elementary school, that is, a nonprofit that provides elementary instructional curriculum.
(2)
The definitions for elementary school and
secondary school,
as
contained in the 2006 federal regulations, also now include public charter
schools. The nonprofit requirement also
applies to these schools. The 9th Circuit Court of Appeals recently
ruled that for-profit institutions are not entitled to funding under the IDEA
and the Elementary and Secondary Education Act of 1965.
If you have any questions about these requirements,
please contact H. Douglas Cox, assistant superintendent for special education
and student services at (804) 225-3252; Doug.Cox@doe.virginia.gov, or Judy
Douglas, director of dispute resolution and administrative services, at (804)
225-2771; Judy.Douglas@doe.virginia.gov.
BKCJr/jd