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Section 4

ak dept education

special ed handbook
SECTION 4
SPECIAL EDUCATION FUNDS IN PRIVATE SCHOOLS

To the extent consistent with their number and location in the State, provision must be made for the participation of private school children with disabilities in programs assisted or carried out under Part B of the IDEA by providing them with special education and related services.

Meeting Funding Requirements

For children aged 3 through 21

Each district must spend, on providing special education and related services to private school children with disabilities, an amount that is the same proportion of the District's total VI-B grant as the number of private school children with disabilities aged 3 through 21 residing in its jurisdiction is to the total number of children with disabilities in its jurisdiction aged 3 - 21.

For children aged 3 through 5

Each district must spend an amount that is the same proportion of the District's total grant under Section 619 as the number of private school children with disabilities aged 3 through 5 residing in its jurisdiction is to the total number of children with disabilities in its jurisdiction aged 3 through 5.

Allowable costs in meeting funding requirements

The cost of the transportation may be included in calculating whether the District has met funding requirements.

Expenditures for Child Find activities may not be considered in determining whether the District has met the spending requirements.

Child Count

Each district shall consult with representatives of private school children in deciding how to conduct the annual count of the number of private school children with disabilities; and ensure that the count is conducted on the October count date of each year.

The child count must be used to determine the amount that the District must spend on providing special education and related services to private school children with disabilities in the next subsequent fiscal year. The adequacy of the District's Child Find activities for parentally-placed private school children with disabilities will be crucial to determining how many children with disabilities are parentally-placed in private schools, and consequently, the amount of funds that must be spent by the District on special education and related services to parentally-placed private school children with disabilities. For these reasons, districts should consult with representatives of private school children with disabilities on how to conduct Child Find activities for parentally-placed private school children with disabilities in a manner that is comparable, which would include timing, to Child Find for public school children with disabilities.

Use of Funds in Private Schools

A district may use federal funds to meet the special education and related service needs of children enrolled in private schools. Funds may not be used for the needs of the school or for the general needs of children enrolled in the school.

The following requirements pertain to the use of federal special education funds in private schools:
  1. The District must keep title to and exercise continuing administrative control of all property, equipment, and supplies acquired through federal funds for the benefit of private school children with disabilities.
  2. The District may place equipment and supplies in a private school for as long as they are needed for a student's program.
  3. The District must ensure that the equipment and supplies are used only for Part B or Section 619 purposes.
  4. The District must ensure that the equipment and property can be removed from the private school without remodeling the facility.
  5. The District must remove equipment and supplies from a private school if the equipment and supplies are no longer needed for Part B or Section 619 purposes or if removal is necessary to avoid unauthorized use of the equipment and supplies for other than designated purposes.
  6. No federal special education funds may be used for repairs, minor remodeling, or construction of private school facilities.
  7. When calculating proportional share, LEAs must consider private schools. LEAs must consult about thorough and complete Child Find; use of State and local funds to supplement and not supplant proportionate amount; and keep records on numbers of children evaluated and number found eligible. In addition, LEAs are required to provide consultation on Child Find, on determination of proportionate share, on consultation procedures, and on how services will be delivered. LEAs must obtain written affirmation from private school representatives that timely and meaningful consultation occurred. Private school representatives have the right to complain to the SEA, and if dissatisfied with the SEA response, to appeal to the Secretary. Services must be 'secular, neutral and non ideological', as well as other requirements.

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