Sussan & Greenwald

ATTORNEYS AT LAW

www.special-ed-law.com

Practice limited to special education and related matters

Special Education for children placed in private schools by their parents

Under Part B of the IDEA, the board of education's obligation  to disabled children placed in nonpublic schools by their parents is enumerated.  The board must  provide a genuine opportunity for the equitable participation of students with disabilities who are enrolled in nonpublic schools or early childhood programs by their parents. Procedurally, parents are given  the right to request mediation or a due process hearing only as to the location, identification, evaluation, determination of eligibility, and reevaluation of students with disabilities enrolled in nonpublic schools or early childhood programs by their parents.

As far as what special education must be provided to disabled nonpublic school students, the board of education of the district in which the nonpublic school is located shall provide to nonpublic school students the programs and services required by law which includes  identification, evaluation, determination of eligibility, development of service plans and provision of speech and language services, home instruction, supplementary instruction, English as a second language,  and compensatory education.  In other words, services that have been labeled "trailer services."  They are also referred to as 192-193 services in New Jersey. These limited services, and the districts obligations, are detailed in the New Jersey Administrative Code as follows: 

(a) The board of education of the district of residence, as required by Federal law and regulation under Part B of the IDEA, shall provide a genuine opportunity for the equitable participation of students with disabilities who are enrolled in nonpublic schools or early childhood programs by their parents.

 

1. The district of residence shall make the final decisions with respect to the services to be provided to eligible students with disabilities enrolled in nonpublic schools or early childhood programs.

(b) The district of residence shall spend an amount of money equal to a proportionate amount of Federal funds available under Part B of the IDEA for the provision of services to students with disabilities who are attending nonpublic schools.

(c) Those procedural safeguards available to nonpublic school students with disabilities and their parents as specified by Federal law and rules under Part B of the IDEA shall apply.

 

1. The right to request mediation or a due process hearing applies only to the location, identification, evaluation, determination of eligibility, and reevaluation of students with disabilities enrolled in nonpublic schools or early childhood programs by their parents.

    

2. Disputes regarding the provision of services to a particular nonpublic school student with a disability shall be addressed through the complaint procedures according to N.J.A.C.6A:14-9.2.

(d) If a nonpublic school student with a disability will receive special education or related services from the district of residence, the district shall:

 

1. Initiate and conduct meetings according to N.J.A.C. 6A:142.3(i) to develop, review and revise a service plan for the student.

    

   1. For the services provided, the service plan for a student with a disability enrolled in a nonpublic school or early childhood program shall include the components described in N.J.A.C.6A:14-3 .7(d)1 through 4, (d)6 and (d)12 through 14. The transition requirements described in N.J.A.C.6A:14-3.7(d)7 through 11 shall be included only when the district of residence is providing transition services to the student; and

    

2. Ensure that a representative of the nonpublic school or early childhood program attends each meeting. If the representative of the nonpublic school cannot attend, the district shall use other methods to ensure participation by the private school, including individual or conference telephone calls.

    

(a) The board of education of the district in which the nonpublic school is located shall provide to nonpublic school students the programs and services required by this subchapter by itself, or through joint agreements with other boards of education or through contracts with educational services commissions or with clinics and agencies approved under N.J.A.C. 6A:14-5.

(b) Specifications for contracts to provide programs and services covered by this subchapter shall be approved by the county superintendent of schools.

(c) Identification, evaluation, determination of eligibility, development of service plans and provision of speech and language services, home instruction and supplementary instruction shall be provided according to this chapter.

(d) English as a second language shall be provided according to N.J.S.A. 18A:46A-2c.

(e) Compensatory education shall be provided according to N.J.S.A. 18A:46A-2e.

(f) All special education programs and services required by this subchapter shall be provided with parental consent in accordance with N.J.A.C. 6A:14-2.3.

(g) Those procedural safeguards available to nonpublic school students with disabilities and their parents as specified by Federal law and rules under Part B of the IDEA shall apply.

 

1. The right to request mediation or a due process hearing applies only to the location, identification, evaluation, determination of eligibility, and reevaluation of students with disabilities enrolled in nonpublic schools.

    

   1. For the services provided, the service plan for a student with a disability enrolled in a nonpublic school shall include the components described in N.J.A.C.6A:14-3 .7(d)1 through 4, (d)6 and (d)12 and 14.

    

2. Disputes regarding the provision of services to a particular nonpublic school student with a disability shall be addressed through the complaint procedures according to N.J.A.C. 6A:14-9.2.

    

(h) Personnel providing a program or service under this subchapter shall meet appropriate certification and if required, licensing requirements. Personnel shall not be employed by the nonpublic school in which the student is enrolled with the exception of personnel providing the types of instruction specified in N.J.A.C. 6A:14-5.1(c)2ii and iii.

(i) Programs and services for nonpublic school students shall be provided in facilities approved by the Department of Education through its county superintendent of schools according to N.J.S.A. 18A:46-5 and 18A:46-19.5.

(j) Public and nonpublic school students may be grouped for speech correction and the other instructional programs provided under this subchapter, when appropriate.

(k) When the provision of programs and/or services under this subchapter requires transportation or the maintenance of vehicular classrooms, the board of education of the district in which the nonpublic school is located shall provide the transportation and maintenance and the cost shall be paid from State aid received under this subchapter.

(l) The board of education of the district in which the nonpublic school is located shall maintain all records of nonpublic school students receiving programs and/or services under this subchapter according to N.J.A.C. 6:3-6.

 

 

                  

Phone: 732-238-0900                   620 Cranbury Road

                                                           Suite 212

            Fax: 732-238-0970                 East Brunswick, N.J.  08816

   

 

The information presented herein is intended to be informational, and not legal advice. Obtain competent legal representation for your particular matter. See full disclaimer.