The Missouri Department of Elementary and Secondary Education (DESE) is requiring local public school districts to consult with private school officials in their jurisdiction concerning the participation of private school children with disabilities in special educational services provided pursuant to the Individuals with Disabilities Education Act (IDEA) by September 30.

The newly re-authorized IDEA requires local public school districts to conduct “timely and meaningful consultation” with private school representatives. (Federal Law: 20 U.S.C. 1412 (a) (10) (A) (iii)). IDEA envisions consultation as entailing on-going communication between the public school district and private school officials.

Recommendation: If you have not heard from your local public school district by September 30, contact them to arrange the consultation. If the district refuses to consult with you or continually delays scheduling a consultation, contact your diocesan school office and Pam Williams, DESE’s compliance director for IDEA at webreplyspeco@dese.mo.gov.

Consultation Checklist

As part of the consultation process, the public school district must discuss with you the following:

• “the child find process and how parentally placed private school children suspected of having a disability can participate equitably…”;

• “the determination of the proportionate amount of Federal funds available to serve parentally placed private school children with disabilities…, including the determination of how the amount was calculated”;

• An explanation of the consultation process and “how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services”;

• “how, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities, including a discussion of types of services….”:

• How, if the local public school district disagrees with the views of the private school officials, the district shall provide “a written explanation of the reasons why the local educational agency chose not to provide services directly or through contract.”

(Federal Law: 20 U.S.C. 1412 (a) (10) (iii))

Recommendation: Make the first consultation a worthwhile planning session. A face to face meeting is preferable. Assist the district by providing information they need – such as the number of students already diagnosed with disabilities covered by IDEA and the number of students you wish to refer for evaluation. Be an active participant in planning how services will be delivered to your students.

Sign-off Required:

When timely and meaningful consultation has occurred, “the local educational agency [i.e. the public school district] shall obtain a written affirmation signed by the representatives of participating private schools, and if such representatives do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation of the consultation process to the State education agency [DESE].” (Federal Law: 20 U.S.C. 1412 (a) (10) (A) (iv))

Recommendation: Sign the written affirmation when the district has carried out “timely and meaningful consultation” and has given your views due consideration. If this has not occurred, tell the district you cannot sign the written affirmation and suggest another consultation to work out the differences. If the district continues to be uncooperative, refuse to sign the written affirmation and contact your diocesan school office and the Missouri Catholic Conference.

Complaints and Due Process:

“A private school official shall have the right to submit a complaint to the State educational agency that the local educational agency did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official." The complaint must provide the basis of the noncompliance by the district. If the private school official is dissatisfied with the response from DESE, then the official may file a complaint with the U.S. Secretary of Education. (Federal Law: 20 U.S.C. 1412 (a) (10) (A) (v)). Parents who are dissatisfied with the child find process, for example that their child was not given an evaluation, may initiate a due process proceeding. (Federal Law: 20 U.S.C. 1412 (a) (10) (A)).

Recommendation: Prior to submitting a formal complaint to DESE consult your diocesan school office and the Missouri Catholic Conference. Work as an advocate on behalf of your parents and assist with due process if their concern warrants such action.