Tag: private school

What to Know About Special Education in Private Schools

Posted on by Nicol Walsh

Families who enroll their child with disabilities in a private school keep important legal protections, though these are different from those in public schools. Public school districts are still responsible for evaluating (testing) a child for special education and may offer limited support through a services plan developed together with the family and the private school.  Families who stay involved with both school systems serving their student, private and public, have the chance to ask for the services their child gets, even when a public school system has limited resources based on local priorities.

A Brief Overview

  • School districts are responsible for searching for, finding and evaluating (testing) all students who show signs of having disabilities that affect their education. This includes students who are home schooled or placed in private schools by their parents, under the Child Find section of the Individuals with Disabilities Education Act (IDEA). The evaluation shows whether a student is eligible for special education and related services.
  • Public school districts must re-evaluate students who are eligible for special education at least every three years and include them in their records, even if those students attend private schools.
  • When a family chooses to enroll their student with disabilities in a private school, they have different rights than if their student was in a public school.
  • Public school districts may offer limited support through a services plan, which is developed together with families and private schools.
  • Available services vary by district and may include specialized instruction (special education) or related services, but not all a student’s needs may be met.
  • Parents have an important part in helping teachers and school staff decide which available services and supports will be used for their child. When parents go to meetings and talk with teachers and school staff they can help create a services plan to help their child learn in school and join school activities.

Child Find and Special Education in Public and Private schools

All students have the right to be evaluated (tested) for special education if there is reason to believe a disability may affect their learning, whether they attend public or private schools. This protection is from Child Find, a part of the Individuals with Disabilities Education Act (IDEA). It requires public school districts to find and test students with possible disabilities.

An evaluation shows if a student is eligible for special education services because of a disability that affects the student’s ability to learn from a school’s general education program to the point where individualized instruction and support is needed. Once a student is found eligible for special education, the next step depends on their school placement, private or public school. A student may begin in a public school and change to a private school or begin at a private school and then change to a public school.

It’s possible that students with disabilities in private schools may not receive any special education services. One reason might be that their family doesn’t want them. In those situations, the local public district is still responsible for keeping track of that student and including them in their records. The district is also responsible for re-evaluating those students for eligibility at least every 3 years.

What should families know about private school placement?

Choosing a private school for a child with disabilities can be a thoughtful and hopeful decision, offering new opportunities and environments that may better suit a child’s needs. It also raises important questions about legal protections, available support, and what the public school district or the private school is responsible for in their child’s education. Understanding these differences is key to making informed decisions and ensuring that a child’s school experience is as inclusive and supportive as possible.

When families choose to enroll their child in a private school based on personal preference, this is called “parental placement” or “parentally placed” under IDEA and implemented under Washington Administrative Code (WAC 392-172A-04035). These students keep some protections under federal law, though they are different from the protections in public schools.

There are two types of placement which have different results for getting special education services:

Placement by a student’s IEP team

Students in public schools using special education might be placed in private schools by [their IEP team] so they can get the Free Appropriate Public Education (FAPE) that best suits their needs.  Those students keep the full rights and protections of public school special education law

FAPE includes learning and other supports specifically chosen for a student with disabilities (individualized) to help them learn and make progress toward their goals. If a student is eligible based on evaluations (testing for disability that might affect learning), IDEA requires that the public school must provide FAPE and an Individualized Education Program (IEP).

Parental Placement based on a family’s personal choice

Parentally placed students in private schools are not entitled to FAPE or the full range of services available in public schools. Instead, they may be eligible for limited support funded by federal grants to states.

  • Which supports and how much those supports depends on how much money is available. It also depends on which supports the community and public school district decide they want to spend the money on.
  • Two disability rights laws still protect students in private schools: Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Under these laws, families may request accommodations and help plan supports so their child can access learning and participate in school activities.

What special education services can private school students get?

If a student going to or moving to private school qualifies for special education services, they do not receive an IEP. Instead, they may be served through a services plan, which outlines the supports they will receive.

The public school district, the private school, and the family together develop a services plan. It outlines the specific services a student will get and how they will get them. The public school district is responsible for checking on the services and the providers who deliver them.

Unlike an IEP, a services plan does not mean the parentally placed private school student must legally get those services, and it does not guarantee the same level or types of support.

Federal laws that apply to private schools and to a student’s services plan are

Federal law protects parents in their right to participate in the development of a services plan. According to federal guidance to states by the US Department of Education, (question E-3), “Given the emphasis on parent involvement in IDEA, the Department believes that parents should have the opportunity to participate in meetings to review and develop the services plan for their child.”

What types of services may be in the plan?

Services might include:

Special education services in a specific area of learning

Related services such as occupational, physical, or speech-language therapy

Adapted Physical Education

“Accommodations” based on Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) , which apply in private schools.

  • Section 504 is a federal law the prevents discrimination against individuals with disability, in all public and private places that are open to the public. This is why Section 504 applies to private schools. Students whose evaluation for Special Education showed they did not need an IEP but could still use help in school to be able to learn in class and participate in school activities can get supports through accommodations.
  • ADA is a federal law that also prevents discrimination against individuals with disabilities and makes sure individuals with disabilities have the chance to learn and participate at school.

Some types of accommodations are:

  • Longer time periods to finish homework and take tests
  • Use a different way to learn, like listening to an audiobook instead of reading one
  • Record a lesson instead of taking notes
  • Use a calculator
  • Giving a student a different way to show they have learned something
  • Using Assistive Technology [LINK]
  • Use a quiet area to learn or take tests
  • Use a sensory device, like a fidget device or chair band

Accommodations can also be designed for other situations, based on what a student needs.  They can be very flexible and useful in a services plan.

Where do services in the services plan take place?

Services for students with disabilities in private schools can be given in a variety of places. These may be the private school itself, a public school, or another place that parents agree to in the services plan. In most cases, transportation to get to services is the responsibility of the public school district.

The U.S. Department of Education recommends that services be provided on-site at the child’s private school whenever possible to minimize disruption to the student’s educational experience.

NOTE: The public school district responsible for providing them is the one where the private school is located—not necessarily the district where the student lives. This applies even if the student attends school in another county, state, or country.

How do they decide which services and supports will be offered by private schools?

In Washington State, each spring, public school districts meet with private schools and community members to plan how to support students with disabilities. This process is called consultation. It helps decide what services will be offered through federal programs, even if those services are different from what public school students receive.

The consultation decides:

  • Which services will be offered.
  • How services will be provided.
  • How success will be measured.

Consultation keeps going during the year and includes opportunities for private schools and families to share their thoughts. Parents are encouraged to ask how their school or district participates in this process and what services are being decided on.

Because services are decided by local priorities, not all student needs may be met. For example, a district may choose to offer speech/language services but not occupational therapy.

Once services begin–usually in early fall–the public school district works with the private school to make sure everything is running smoothly. They check in regularly to see if the services are helping students and make changes if needed.

Private schools share data like test scores or language assessments (tests) to help guide the process. Together, the district, school, and service providers look at how well the services are working and decide if anything needs to be adjusted.

How are services for private school students funded?

Federal law requires public school districts to use some of their federal IDEA Part B funds to support students with disabilities enrolled in private schools by their families. This amount is calculated with a formula called proportionate share, based on the number of eligible students attending private schools. Families can ask for specific details about the local requirements for proportionate share by going to the district’s annual consultation.

What can parents do if they disagree with educational decisions about their child’s evaluations or services?

Dispute resolution is a process used under IDEA to help parents and schools fix disagreements about a student’s need for special education, what is in a student’s IEP, and how well the school is doing providing the learning and services in the IEP. The Center for Appropriate Dispute Resolution in Special Education (CADRE) provides parent guides and videos explaining the dispute resolution options.

Parents have the right to request an Independent Educational Evaluation (IEE) at public school district expense if they disagree with an evaluation conducted by the public district (WAC 392-172A-05005). PAVE provides a sample letter to request an IEE in the article: Evaluations Part 2: Next Steps if the School Says ‘No.’

If families have concerns about how services are provided, or feel the consultation process was unfair or their input wasn’t considered, they can take the following steps:

  1. Start by contacting the public school district to discuss the concern.
  2. If unresolved, the Disagreements and Complaints page at the Office of the Superintendent of Public Instruction (OSPI), WA State’s Education Department, will show you your choices for action and gives contact information.
  3. If necessary, file a formal Community Complaint with OSPI.
  4. These steps are in place to make sure families and schools have a voice and can advocate for the services their students need.

Other dispute resolution options are limited when a student is in private school. For example:

  • Due Process hearings are only available for complaints related to Child Find.
  • Mediation is offered only for complaints related to Child Find or Community Complaint issues.
  • Families cannot demand compensatory services if the district has run out of its proportionate share funds. Compensatory services are additional services provided when a student was available to receive services as written by a program or plan; however, the school failed to provide them.

What should families keep in mind?

Students in public schools who qualify for special education receive an IEP and are entitled to FAPE. This includes individualized instruction and supports designed to help them make progress toward their goals.

Students in private schools do not receive FAPE and are not entitled to the same level of services. Instead, they may receive limited support through a services plan developed by the public school district together with the private school and the parents. These services are based on available funding and local priorities.

Families should keep in mind:

  • Accommodations under Section 504 and the ADA still apply in private schools.
  • Public school districts are responsible for evaluating students and keeping track of eligibility for special education.
  • Service plans in private schools are not guaranteed to meet all needs and do not include direct funding or reimbursements.
  • The consultation process decides which services are offered and how they are delivered.
  • Parents have the right to participate in planning and to decide to use dispute resolution if concerns arise.

Families can advocate (stand up) for their child’s needs in a private school by staying informed, asking questions, and participating in consultation. With the right information and active involvement, families can help create a learning experience that supports their child’s growth and success—no matter what type of school they go to!

Learn More

Myth and Misunderstanding in Special Education

Posted on by Nicol Walsh

A Brief Overview

  • Everyone has moments when they hear something and pause to wonder, Is that true? This article and its companion videos describe some special education topics that may be misunderstood. Included is an explanation of what is fact.
  • Topics relate to special education eligibility, placement, support personnel, bullying, student discipline, and more.
  • Read on to see if there are things you haven’t quite understood about your student’s rights or educational services. PAVE hopes to empower families with information to make sure students with disabilities have their best chance for an appropriate and meaningful education.
  • The final myth described in this article is that PAVE provides advocacy on behalf of families—we don’t! But we can help you learn to be your child’s most important advocate. Click Get Help at wapave.org to request 1:1 assistance.

Full Article

Everyone has moments when they hear something and pause to wonder, Is that true?

Parents/caregivers in meetings with their child’s school can feel particularly confused when something doesn’t sound right. They might wonder whether it’s appropriate to question school authorities. They might not understand all the words being spoken. Fear of not knowing something can make it uncomfortable to speak up.

At PAVE, we encourage families to ask questions and make sure they understand the words school staff use. Ask for important answers in writing, and plan to research explanations that are confusing.

For example, if you ask for something and the school says no because of a law or policy, ask for a written copy of the relevant parts of that law or policy. Try to understand the school’s reason for saying no. Write down what you understand and send a reflective email to school staff to make sure you understand their position correctly.

Having everything in writing is important, especially if filing a complaint is a possible next step.

This article describes myths and misunderstandings some people might experience when navigating school-based services for students with disabilities. These topics apply to students with Individualized Education Programs (IEPs), students with Section 504 Plans, and students with possible disability conditions impacting their educational access.

Parent Participation

MYTH: The school must hold a meeting without a parent if the parent is unavailable before an annual renewal deadline because the student’s IEP, 504 Plan, or eligibility will expire or lapse.
FACT: Parent participation is a higher priority than deadlines. Schools are required to accommodate parents/caregivers to ensure their attendance and participation at meetings where their child’s special education services are discussed. Those rights are affirmed in a court decision from 2013: Doug C. Versus Hawaii. If a meeting is delayed because a family member is temporarily unavailable because of illness, work, travel, or something else, services continue uninterrupted until the meeting. PAVE provies an article: Parent Participation in Special Education Process is a Priority Under Federal Law.

Evaluation

MYTH: The school is not required to evaluate a student who gets passing grades.
FACT: If there is a known or suspected disability condition that may be significantly impacting a student’s access to any part of their education—academic, social-emotional, behavioral, or something else—then the school district is responsible under Child Find to evaluate the student to determine eligibility for services and support. Child Find is an aspect of federal law, the Individuals with Disabilities Education Act (IDEA).

MYTH: Section 504 doesn’t apply for a student without a plan or program.
FACT: Section 504, which is part of the federal Rehabilitation Act of 1973, includes protections for students with suspected or known disability conditions that warrant evaluation. For example, if a student consistently misses school for reasons that may be connected to disability, the school may be accountable under the civil rights protections of Section 504 if an evaluation referral isn’t initiated.

MYTH: Section 504 eligibility does not involve an evaluation.
FACT: An evaluation process is required to determine whether a student has a disability condition impacting a major life activity. That evaluation process may include a review of grades, test scores, attendance, health room visits, parent and student input, teacher observations, medical or psychological evaluations, special education data, medical information, and more. If the student meets criteria, evaluation documents are used to support the design of accommodations and other individualized supports to ensure equity. The state provides a family-friendly handout, downloadable in multiple languages, to describe 504 eligibility, evaluation process, plan development, and civil rights complaint options.

Medical Diagnosis

MYTH: A student cannot be identified as eligible for services under the autism category unless they have a medical diagnosis of autism.
FACT: If there is a suspected disability condition and reason to believe there is a significant educational impact, the school is responsible under Child Find to evaluate the student to determine eligibility for services. Schools have evaluation tools to determine characteristics of autism, its possible educational impacts, and student needs. Medical information might help an IEP team design interventions, but families are not required to share medical information with the school, a medical diagnosis is not required, and doctors may not “prescribe” an IEP.

Placement

MYTH: Special Education is a location within the school.
FACT: Special Education is a Service, Not a Place, and PAVE provides an article by that title to further explain a student’s right to educational services in general education—the Least Restrictive Environment (LRE)—to the maximum extent appropriate.

MYTH: The school district is in charge of placement decisions.
FACT: The IEP team determines a student’s placement. If placement in general education, with support, is not meeting the student’s needs, the IEP team is responsible to locate or design a placement that best supports the student in accessing their Free Appropriate Public Education (FAPE). Placement might be general education, a segregated classroom setting where special education services are provided, day treatment, alternative learning environment, residential, home-based, something else, or a combination of any of these options. Once an IEP team designs a placement, the school district has some leverage in choosing a location. For example, if an elementary-age student who is struggling to read needs individualized services from a reading specialist, the district might bus them to a school in another neighborhood where a specially trained teacher provides reading instruction in a smaller classroom. The district doesn’t have to offer every placement or service within every building, but it does need to serve the IEP as written by the IEP team.

MYTH: Preschool IEPs are not required to serve students in the Least Restrictive Environment to the maximum extent appropriate.
FACT: An IEP is required to serve a student with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE), to the maximum extent appropriate, regardless of age or grade level. WAC 392-172A-02050 provides specific language about state requirements for LRE, including for preschool students.

Adult Aids at School

MYTH: A 1:1 creates a “restrictive environment” for a special education student.
FACT: Least Restrictive Environment (LRE) refers to placement. A helper is an aid, not a placement. Supplementary aids and services, including 1:1 support from an adult staff member, may support access to the Least Restrictive Environment (LRE) for some students. If having a 1:1 enables a student to appropriately access learning in the general education setting, then that support is provided to ensure FAPE (Free Appropriate Public Education). FAPE within LRE is required by federal special education law, the Individuals with Disabilities Education Act (IDEA).

MYTH: Support personnel should regularly rotate in their roles to ensure a student does not become “dependent” on specific individuals or relationships.
FACT: Healthy interpersonal relationships enable humans of any age to feel safe and secure. Because of the way our brains work, a person doesn’t learn well when a fight/flight nervous system response is activated. Connecting to trusted adults and receiving consistent help from safe, supportive people enhances learning. PAVE provides a collection of articles about Social Emotional Learning (SEL) and Washington State’s SEL Standards.

Section 504

MYTH: A 504 Plan is a watered down IEP.
FACT: Section 504 is part of a civil rights law called the Rehabilitation Act, passed by the US Congress in 1973. The anti-discrimination protections of Section 504 apply to any person identified as having a disability condition that impacts their life in a significant way. Public agencies, including schools, are responsible to provide individualized accommodations and support to enable the person with a disability to access the service, program, or building in a way that affords them an equitable chance to benefit from the opportunity. A 504 Plan at school ensures the right to a Free Appropriate Public Education (FAPE). Section 504 FAPE rights are upheld by the US Department of Education’s Office for Civil Rights. PAVE provides a video series: Student Rights, IEP, Section 504 and More.

MYTH: Section 504 doesn’t apply to a student with an IEP
FACT: Section 504 protections apply to students with IEPs and those with Section 504 Plans. The civil rights protections of Section 504 are threaded throughout the IEP, especially within sections that describe accommodations and modifications. Section 504 includes specific provisions to ensure students are not discriminated against within student discipline, by unmitigated bullying, or through denial of support that is needed for access to what non-disabled students access without support. All aspects of school are protected, including athletic events, field trips, enrichment activities, specialized learning academies, and more—everything the school is offering to all students. PAVE provides a comprehensive article about Section 504 and its protections for all students with disabilities.

MYTH: If the student has found ways to cope with their disability, they don’t need support.
FACT: Section 504 forbids schools from using “mitigating measures” to justify denial of evaluation or support. A mitigating measure is a coping mechanism—for example, a deaf student who reads lips or a student with an attention deficit whose symptoms are improved by medication. PAVE’s article about Section 504 provides more detail about mitigating measures.

Bullying

MYTH: The best way to help a student with a disability who is being bullied is to remove them from the bully’s classroom.
FACT: Section 504 protects a student with disabilities in their right to be protected from bullying. That means the school must stop the bullying and support the victim to feel safe again. Schools may not punish or disadvantage the victim. OCR says: “Any remedy should not burden the student who has been bullied.” PAVE provides a video: Bullying at School: Key Points for Families and Students with Disabilities.

MYTH: An informal conversation is the best way to address bullying.
FACT: The best way to hold a school accountable to stop bullying and support the victim is to file a formal HIB Complaint. HIB stands for Harassment, Intimidation, and Bullying. Washington State’s 2019 Legislature passed a law that requires school districts to write formal HIB policies and appoint a HIB Compliance Officer to spread awareness and uphold the laws. Families can contact their district’s HIB Compliance Officer for support with a complaint and to ensure student civil rights are upheld.

IEP Goals and Process

MYTH: An IEP provides education to a student with a disability.
FACT: An IEP is not the student’s education. An IEP provides educational services to enable a student to access their education. IEP goals target areas of learning that need support in order for the student to move toward grade-level curriculum and learning standards. Included are services for academics, adaptive skills, social-emotional skills, behavior—all areas of learning that are impacted by disability.

MYTH: If an IEP team agrees to change something about a student’s services or placement, the team must submit that idea to the district for approval or denial.
FACT: An IEP team has decision-making authority. The team is required to include a person knowledgeable about district resources (WAC 392-172A-03095) so decisions about program and placement can be made at the meeting. If a required IEP team member is not in attendance, the family participant must sign consent for the absence. The family can request a new meeting because a key team member, such as a district representative, is missing. PAVE provides more information and a Sample Letter to Request an IEP meeting.

Behavior and Discipline

MYTH: A Functional Behavioral Assessment (FBA) is used to figure out how to discipline a student more effectively.
FACT: An FBA is an evaluation focused on behavior. It helps IEP teams understand the needs behind the student’s behavior. A Behavior Intervention Plan (BIP) is built from the FBA to provide positive behavioral supports, teach new or missing skills, and reduce the need for discipline. PAVE provides a video about the FBA/BIP process.

MYTH: A school isn’t responsible to track exclusionary discipline if a parent agrees to take the child home and no paperwork is filed when the school calls to report a behavior incident.
FACT: “Off books” or informal suspensions count as exclusionary discipline for students with disabilities. If a student with a disability misses more than 10 cumulative days of school because of their behavior, the school is responsible to hold a manifestation determination meeting to decide whether the behaviors are directly connected to the disability and whether school staff are following the IEP and/or behavior plan. If services or placement need to change, this formal meeting is a key opportunity to make those changes. PAVE provides a video: Discipline and Disability Rights: What to do if Your Child is Being Sent Home.

Privacy

MYTH: A parent or provider who visits school to support or evaluate an individual student is violating the privacy rights of other students just by being there.
FACT: Federal laws protect private medical or educational records. Visiting a classroom or other school space should not expose student records for inappropriate viewing. The Department of Education provides a website page called Protecting Student Privacy to share resources and technical assistance on topics related to the Family Educational Rights and Privacy Act (FERPA). The confidentiality of medical records is protected by the Health Insurance Portability and Accountability Act (HIPAA). Understanding HIPAA and FERPA can help parents /caregivers ask their school for documented explanations whenever these laws are cited as reasons for a request being denied.

Literacy

MYTH: Schools cannot provide individualized instruction in reading through a student’s IEP unless the student is diagnosed by a medical provider as having dyslexia.
FACT: No medical diagnosis is needed for a school to evaluate a student for any suspected disability that may impact access to learning and school. An educational evaluation might show that a student has a Specific Learning Disability in reading, with characteristics of dyslexia. When a disability that impacts education is identified through evaluation, the school is responsible to provide services to meet the identified needs and enable appropriate progress. PAVE provides an article: Dyslexia Screening and Interventions: State Requirements and Resources and a video: Supporting Literacy for Students with Learning Disabilities.

Graduation

MYTH: The school has to withhold credits for a student to receive services beyond a traditional senior year.
FACT: Credits do not need to be withheld, and a student doesn’t automatically earn a diploma by reaching the required number of credits. The IEP team determines the target graduation date for a student receiving services through an IEP and how transition programming for a student ages 18-21 might support learning and life planning. Receiving the required number of credits is only part of what a student needs to earn a diploma, and the IEP team individualizes a plan for the student with a disability to earn their diploma within the state’s options for graduation pathways. PAVE provides a Toolkit for life after high school planning.

Private School and Home School

MYTH: Public schools do not have to do anything for students with disabilities who are home schooled or enrolled in private schools by parent choice.
FACT: Child Find applies to all students with known or suspected disabilities who live within a district’s boundaries, including those who are home schooled or enrolled in private schools. Child Find means the public district is responsible to seek out and evaluate all students with known or suspected disabilities. If the student is found eligible for services, parents/caregivers can choose to enroll the student in the public school to receive special education services, even if the primary educational setting is a private or home placement. If the student is fully educated in the private setting, by parent choice, the private school provides equitable services.

Parent Support from PAVE

MYTH: PAVE gives the best advice and advocates on behalf of families.
FACT: PAVE does not give legal advice or provide advocacy. We support families in their work.  Staff from our Parent Training and Information (PTI) program provide information and resources to empower family advocates. Our goal is to ensure that family advocates have knowledge, understand options, and possess tools they need to work with schools to ensure that student rights are upheld and the needs of students with disabilities are met. Click Get Help at wapave.org to request 1:1 assistance. Help us help you by reading your student’s educational documents and having those documents handy when you connect with us!