Your local public school district must expend a “proportionate amount” of its federal grant received pursuant to the Individuals with Disabilities Education Act (IDEA) for services to children with disabilities who attend private schools located in the district. (Federal Law: 20 U.S.C. 1412 (a) (10) (A) (i) (I))

In determining the proportionate amount available for private school children with disabilities, the public school district must first determine the total disability population. The total disability population consists of all public school children with disabilities who reside in the district plus all private school children with disabilities who attend a private school located in the district. (Federal law: 20 U.S.C. 1412 (a) (10) (A) (i))

The proportionate amount of the district’s federal grant allocated for private school services is the same as the percentage of children with disabilities attending a private school located in the district is to the total disability population. For example, if 10 percent of the disability population is children with disabilities attending a private school located in the district, then 10 percent of the district’s IDEA federal grant must be allocated for services to these children.

The Missouri Department of Elementary and Secondary Education (DESE) has provided guidance to public school districts on how to calculate the proportionate amount. Visit http://www.dese.state.mo.us/divspeced/IDEA-PPPSCD.html .

An accurate Child Find count is essential in determining the “proportionate amount” that is to be allocated for private school services. An undercount will mean fewer dollars are available to serve your students. See MCC Government Program Reporter with the Quick Index “SPECIAL ED: Part II – Child Find.”

Normally, the district determines the proportionate amount based on last school year’s child find count. Obviously, that won’t work in this first year of the new IDEA law since last year’s count was based on residency not attendance at a private school located in the district. That is why districts are moving quickly - by September 30 - to contact private school officials so they can obtain an accurate count of all children with disabilities attending private schools located in the district.

Recognizing that making such a quick count may be difficult, the U.S. Office of Special Education (OSEP) is advising districts to use the best data available. You can ensure that this data is accurate by cooperating with your district in the child find count.

Recommendation: Help your school district to identify all private school students with disabilities attending your private school. Verify that the proportionate amount allocated for private school services is accurate.

No Individual Entitlement to Services

Although a public school district must expend a proportionate amount of its IDEA federal funds for services to private school children with disabilities, there is no individual entitlement to special educational services for these children. If the federal funds are insufficient to provide services to all the private school children with disabilities, then the public school district may choose to serve only some of these children. The district must consult with private school officials in determining which children will receive services, but the final decision rests with the public school district. (Federal Law: (20 U.S.C. 1412 (a) (10) (A) (i) (I) and 20 U.S.C. (a) (10) (A) (iii) (IV))

Recommendation: Ev en if federal funds are insufficient to serve a particular child potentially having a disability covered by IDEA, make sure the district conducts an evaluation. Evaluations can help your teachers address a child’s special needs.

Services at Neutral Sites:

The re-authorized IDEA states that services “may be provided to the children on the premises of private, including religious, schools, to the extent consistent with law.” (Federal Law: 20 U.S.C. 1412 (a) (10) (A) (i) (III)). In court cases dating from the mid-1970’s and earlier, the Missouri constitution was interpreted to prohibit services on the premises of private schools. There are no more recent court decisions addressing whether the state constitution prohibits services on the premise of private schools. In the last quarter of a century, however, federal jurisprudence has moved toward greater acceptance of secular programs being provided on the premises of private schools in neutral spaces. In the last three years, at the recommendation of DESE, two Missouri school districts have been granted removal from the Title I bypass by the U.S. Department of Education and now provide services on the premise of private schools at neutral sites. Different public school districts may have different opinions concerning the legality of providing services in this manner. Districts may review the neutral site guidance prepared by DESE. See: www.dese.state.mo.us/divimprove/fedprog/financialmanagement/Nonpublicindex.html.

At this site refer to “Web-Based Nonpublic Registration Form” and click the link “Use of Neutral Space.”

Recommendation: You may suggest that services be offered at a neutral site at your school. Keep in mind that public school districts are not required to provide services in this manner. It is an option districts may consider.