Proposed Guidance for IDEA Students Placed in Private Schools

The US Department of Education (DOE), in conjunction with the Office of Special Education and Rehabilitative Services (OSERS), has issued a proposed guidance Q&A.  The Q&A addresses requirements under the Individuals with Disabilities Education Act (IDEA) for students with disabilities who are placed in private schools by their parent(s). This document updates and supersedes the April 2011 guidance.

The DOE is requesting public comments on several new topics including:

·       Equitable Services Providers – addressing personnel qualification requirements that apply to equitable service providers under the IDEA.

·       Preschool Children with Disabilities – addressing the use of IDEA Part B funds for equitable services for preschool children for whom a free appropriate public education (FAPE) has been made available.

·       Children who Reside Out-of-State or Whose Parents Live in Other Countries – clarifying the requirements that apply to parentally place private school students with disabilities from other States and countries who attend private schools in the US.

·       State-funded School Voucher and Scholarship Programs – clarifying that students with disabilities who use State vouchers and scholarships to attend private schools are considered parentally placed students with disabilities under IDEA and eligible for equitable services.

·       Extended Public School Closures – addressing the responsibilities of LEAs to provide equitable services to parentally placed private school students with disabilities during an extended public school closure.

Public comments are open until January 20, 2021.

Should you have any questions about the proposed guidance, or any other issue impacting schools, please do not hesitate to contact William J. Zee, Esquire or any of the attorneys in the Appel, Yost & Zee Education group.