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Public School District Obligations to Nonpublic School students. SEAOC March 28, 2011 Adapted from a presentation by: Kent ISD January 12, 2010 Additional Slides added from a presentation by: LaPointe & Butler, P.C. Overview – Auxiliary Services for Nonpublic Schools.
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Public School DistrictObligations to Nonpublic School students SEAOC March 28, 2011 Adapted from a presentation by: Kent ISD January 12, 2010 Additional Slides added from a presentation by: LaPointe & Butler, P.C.
Overview – Auxiliary Services for Nonpublic Schools • In Michigan, the Auxiliary Services Act requires public schools to provide certain services to nonpublic schools located within their boundaries. • Auxiliary services includes evaluation and child find. • Key Concept: For nonpublic students the offer of a free and appropriate public education (FAPE) through an IEP is the responsibility of the student’s resident district (District of Residence or DOR) wherever that may be. • The public school district in which the nonpublic is located (District of Location or DOL), if different than the public school district in which the student resides, offers services through a Service Plan.
Who is Entitled to Auxiliary Services under the ASA? • Eligible students attending nonpublic schools (K-12) located within district, on equal basis • Home school is a non-public if registered with MDE • Equal basis, for students with disabilities, means all eligible students LaPointe & Butler, P.C.
What Services are Covered? • At minimum, services include speech and language, school social work, school psychological and teacher consultant • Unclear what, if any, other services covered • Occupational and physical therapy usually provided • Instructional services are not covered Services must be of same quality and amount as student would receive in a public school. LaPointe & Butler, P.C.
What does IDEA require? • District where private schools located (DOL) must serve eligible private school students • DOL must carry out child-find for private school students • No specific services are required. Any service (including auxiliary services) may be provided LaPointe & Butler, P.C.
Proportionate Share • DOL must spend proportionate share of Part B Funds in providing services • Proportionate share=ratio of private school SWDs to total SWDs in district • Obligation limited to services that can be provided with proportionate share • No individual entitlement to services LaPointe & Butler, P.C.
Additional Requirements • DOL determines which students will be served • Services must be of same quality but need not be in same amount as student would receive in public school • Services are provided under a services plan • District must spend federal funds to provide services LaPointe & Butler, P.C.
Consultation Requirement • DOL must timely and meaningfully consult with private schools on: • Child-find process • How proportionate share is calculated • How, where and by whom services will be provided • How students to be served will be selected • How consultation will be carried out LaPointe & Butler, P.C.
Applying Auxiliary Services and IDEA Requirements • All private school students eligible for auxiliary services must be served, without regard to cost • Federal funds may be used to provide auxiliary services • Providing auxiliary services meets IDEA requirement to provide services • Providing only auxiliary services satisfies IDEA requirement only if cost of services equals or exceeds proportionate share amount LaPointe & Butler, P.C.
First Steps: Public Evaluation and Determination of Eligibility • Evaluation and determination of special education eligibility of a nonpublic student is provided with the same procedural safeguards as for a public school evaluation: • Referral • Consent to evaluate • Review of existing data as appropriate • Evaluation • Discuss results and likely outcomes with parents • Present data, determine eligibility at meeting • A special education evaluation and determination of eligibility is not complete until presented to an IEP or Service Plan Team meeting, and the team decision is documented on an IEP or Nonpublic Service Plan.
DOL vs. DOR • District of Location vs. District of Residence • Typically the referral for a SE evaluation comes into the district that the Non-Public School is located in (DOL) as they have the child find obligation. • The district of residence (DOR) is responsible for offering FAPE through an IEP. • Therefore, the DOL needs to communicate to the DOR that an evaluation is occuring.
Confidentiality of Educational Records • The public district of location cannot communicate any information regarding its evaluation of the student to the resident district without parental consent. • If the nonpublic parent does not, or refuses to, inform the resident district that their child is a student with a disability, then the resident public district has no obligation to offer a FAPE.
What IS a Nonpublic School Service Plan? • Historically, Michigan Department of Education (MDE) policy has used a “services-only IEP” for provision of special education services with no programming to local nonpublic students. • . Key Change: In the IDEA, the provision of services to nonpublic students is to be written in a NonpublicService Plan, nowaccepted by MDE. http://www.michigan.gov/mde/0,1607,7-140-6530_6569_35175---,00.html “Nonpublic Service Plans… ya ever hear of em?”
Next Step: Eligibility and the Parent Decision • When the evaluation indicates educational needs necessitating special education, the nonpublic parent may choose to: • Enroll the student in the resident public district to help develop an IEP with special education programs (and possibly services) • Decline all special education • Decline all programs and accept a Nonpublic Service Plan from the public district of location
Case 1: IEP for FAPE in the Resident District • If student requires a special education program an IEP must be developed and a program provided in the resident district. • Students who are dually enrolled in resident public district (for non-core classes) and nonpublic school receive programs and/or services in the resident district. • Pre-K students are the responsibility of the resident district and receive programs and/or services through an IEP. • http://www.michigan.gov/documents/5E-NonPubPtTimeHomeSchooled_41434_7.pdf
Case 2: Documenting a Parent Decision to Decline All Special Education • Resident nonpublic student - The initial eligibility determination, initial offer of a FAPE through special education, and the parent decision to decline all special education should be documented on the Initial Notice form. • Nonresident nonpublic student - The initial eligibility determination, initial offer of special education, and the parent decision to decline services offered on on a Nonpublic Notice form.
Case 3: Parent Accepts a Nonpublic Service Plan From the District of Location • Resident and nonresident nonpublic students – The public district of location develops a Nonpublic Service Plan. “Now when the nice lady from the public school comes, be nice …or we’ll have to talk about it…”
Initial Evaluations and Prior Evaluations • An evaluation of a nonpublic student is still an initial evaluation if a prior evaluation was done: • By a private school or other private provider • By a public school and the student was found to be ineligible • By a public school and the student was found to be eligible, but the parent revoked consent for the provision of all special education programs/services
Accommodations • ADA/State Disability Act: The obligation of providing accommodations is that of the Non-Public School.
Accommodations: LEA responsibility • The Public LEA can choose to provide accommodations. • If you choose to provide accommodations for one student, you need to do it for all. • The decision of whether or not to provide accommodations cannot be based on eligibility or where the equipment comes from.
Three-year Reevaluation for Nonpublic Students • The public district of location must offer a redetermination of eligibility at least every 36 months to eligible nonpublic students, even if not currently receiving services. • . A Redetermination of Eligibility for a Nonpublic School Student form exists and can be found on Oakland ISDs website.
When a Parent Does Not Participate After the Evaluation • No participation regarding an IEP or Nonpublic Service Plan meeting following the evaluation: • Resident student - the district should document in a letter sent to the parent for signature: • Its offer to conduct an IEP Team/Nonpublic Service Plan meeting • Acknowledgement that procedural safeguards have been provided • If parent still refuses to respond or sign, then convene the IEP Team meeting on time and send the proposed IEP and Notice or Nonpublic Service Plan and Notice to the parent to document the process. • Nonresident student – as above, similarly document an offer of services in the nonpublic school.
“Declining” Programs/Services versus “Revoking Consent” When a nonpublic parent decides that the student will not receive special education, is it a revocation of consent: • When declining an initial offer of a Service Plan or IEP? …NO, as there is no initial consent to provide current service to revoke. Document the decision to decline as given previously. • When terminating PART of a Nonpublic Service Plan or IEP? …NO, the proper procedure would be to rewrite or amend the Service Plan or IEP to reflect remaining programs or services. • When terminating ALL provisions of a Nonpublic Service Plan or IEP after services have started? …YES, use the Revocation of Consent forms.
Data Issues • Evaluation data should be identical. • For reporting purposes, local data systems should log Nonpublic Service Plans as IEPs to help track invitations, date of last plan, etc. • . Vendor issues might occur if a student management data program requires IEP elements not in a Service Plan.
