Do you have students who need special educational services? The Individuals with Disabilities Education Act (IDEA) is a federal program that provides special education to private school children with disabilities. This Government Programs Reporter highlights major provisions of IDEA from the Code of Federal Regulations (CFR) which relate to your rights and the rights of your students.

CHILD FIND

Your local public school district is required to conduct a child find each fall: "Each LEA (public school district) shall locate, identify, and evaluate all private school children with disabilities, including religious‑school children residing in the jurisdiction of the LEA..." (See 34 CFR 300.451 (a).)

The child find, in actual practice, has too often been simply a quick count of those children presently receiving services. The Federal Regulations, as cited in the previous paragraph, make clear that it must be more. Identifying children with suspected disabilities and evaluating them is part of the child find. The U.S. Office of Special Education states: "Once children are identified who are suspected of having disabilities...LEAs must have procedures for conducting, at no cost to parents, ...evaluations of such children...within a reasonable period of time and without undue delay." Answer to Question #1, Questions and Answers on Obligations of Public Agencies in Serving Children With Disabilities by Their Parents at Private Schools.)

Children who are evaluated and found to have a disability covered under IDEA are to be included in the district's child find count, regardless of whether or not the child is receiving any special educational services!

Missouri's state plan for special education requires local districts to submit their child find count to the Missouri Department of Elementary and Secondary Education by December 15 of each year.

The child find count determines the amount of the district's IDEA grant for the next fiscal year. The count also determines the proportionate share that is to be earmarked to the private school students with disabilities for the next fiscal year. If, for example, private school students with disabilities represent 30 percent of the count, then 30 percent of the IDEA grant must be earmarked to private school children with disabilities. (See 34 CFR 300.453.) Thus, an undercount of your students with disabilities will mean less funds and, therefore, less services for your students!

Before it undertakes the child find, your local district is required to consult with you: "Each LEA shall consult with appropriate representatives of private school children with disabilities on how to carry out the activities (child find)..." (See 34 CFR 300.451 (b).)

If the district does not contact you by the end of September, contact them and set up a time to discuss the child find. During the child find consultation:

• Offer to assist the district in ensuring that all children with suspected disabilities are identified and evaluated;
  
  
• Discuss the district's procedures for providing free evaluations;
  
  
• Verify that children identified and evaluated as having a disability covered under IDEA will be included in the child find count regardless of whether or not they receive services;
  
  
• Verify that private school children with disabilities will receive a proportionate share of the IDEA grant. If necessary, request count totals and IDEA grant amounts to ensure proportionality is maintained.

Special note: In computing your proportionate share, the district can not consider the costs of conducting the child find, including evaluations. (See 34 CFR 300.453 (c).) Child find costs come "off the top" of the LEA's allocation and may not reduce your share.

PROVISION OF SERVICES:

The federal regulations assure that private school children as a group receive a proportionate share of the IDEA grant, as described above. There is, however, no individual right to special education for a private school child. (See 34 CFR 300.454 (a).)Which particular children receive services is determined by the district in consultation with private school officials.

The local public school district is required to consult with private school officials to consider the number and needs of private school children with disabilities to decide: (a) which children will receive services; (b) what services will be provided; (c) how and where services will be provided; and d) how services provided will be evaluated. (See 34 CFR 300.454 (b) (1).) The "LEA shall give appropriate representatives of private school children with disabilities a genuine opportunity to express their views..." (34 CFR 300.454 (b) (2).) This consultation must occur before the LEA makes any decision that affects the opportunities of private school children with disabilities to participate..." (See 34 CFR 300.454 (b) (3).) District officials, however, will make the final decisions regarding which children receive services etc.(See 34 CFR 300.454 (b) (4).)

For each child selected to receive services, the district is required to develop a "Service Plan" in consultation with the child's parents and the private school officials.(See 34 CFR 300.455 (b).) A typical Service Plan will include a statement of the child's present level of academic performance, an indication of how the disability affects the child's progress and measurable goals and objectives.

• During consultation with district officials concerning the provision of services:
  
  
• Explore how best to use your proportionate share to benefit your students with disabilities;
  
  
• Include the child's regular classroom teacher in the development of the child's Service Plan;
  
  
• Advocate arrangements relating to location and time that will make the services most accessible to your students.

Special Note: A public school district may provide special education in excess of those provided through IDEA: "State and local educational agencies are not prohibited from providing services to private school children with disabilities in excess of those required by this part, consistent with State law or local policy." (See 34 CFR 300.453 (d).) Explore with district officials the provision of special education beyond that funded by IDEA.

DUE PROCESS/CHILD COMPLAINT:

Private school parents have due process rights concerning alleged violations of child find activities. (See 34 CFR 300.457 (b).) For example, if the parents believe the district's refusal to conduct an evaluation of their child is not justified, they can initiate due process. For perceived violations other than child find parents can file a child complaint with the Missouri Department of Elementary and Secondary Education (DESE). (See 34 CFR 300.457 (c).) For both due process and child complaints, have parents contact:

Missouri Division of Special Education
Compliance Section,
P.O. Box 480,
Jefferson City, MO 65102-0480
e-mail: wallen@mail.dese.state.mo.us.

For additional information, check the Division's website at www.dese.state.mo.us/divspeced.

Additionally, they, or you, can contact the Diocesan School Office or the MCC.

DUAL ENROLLMENT / STATE LAW:

Catholic school children with disabilities who dually enroll in their local public school district have additional rights not covered by this GPR.