Proportionate Share Process - Parentally Placed Private School Students with Disabilities When FAPE is Not an Issue

Transcription

1 Proportionate Share Process - Parentally Placed Private School Students with Disabilities When FAPE is Not an Issue Dr. Harry Repsher Budget and Grant Specialist [email protected] Georgia Department of Education Division for Special Education Services and Supports

2 In this session you will learn about: Changes in the federal regulations 1997 vs Definition of a elementary, secondary, & private school The grade levels that private schools must serve to provide proportionate share services including preschool (ages 3-5) The timely and meaningful consultation process Affirmation of attendance Timelines for notices, consultation, funding and services provided. Funding calculation

3 Proportionate Share: A Brief History Since the passage of IDEA 1997, school districts have been required to allocate a proportionate share of their Federal IDEA funds to provide private school students with disabilities (SWD) with services in special education offered by the district. Funds and services may be provided to SWD enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school in and secondary school in

4 The Big Shift: IDEA 2004 IDEA 1997: District that had the responsibility for providing proportionate share services was based on the residency of the private school student. IDEA 2004: the responsibility for providing proportionate share services to private school students was based on the district in which the private school was located. FAPE availability is provided by the LEA where the student resides but an IEP need not be developed if the parents make clear their intention to enroll in a private school.

5 Elementary, Secondary & Private School Definition IDEA an elementary or secondary school is defined as a nonprofit, institutional day or residential school including a public charter school that provides elementary and/or secondary education as determined under State law in GA any combination of grades K-12. If a private school meets this definition of serving any K-12 grades then some or all SWD must be provided services from the district where the private school is located includes preschool through 12th grade SWD and any enrolled from out of district/out of state SWD. No parentally placed private school SWD has an individual right to receive some or all of the special education and related services that the SWD would receive if attending a public school.

6 Other Eligible SWD Eligible SWD in Head Start, Lottery, day cares or at home are the responsibility of the district for child find/special education services if residents. Local arrangements for Head Start or Lottery students may be made if they are out of district. Preschool out of district/state SWD in a program not meeting the elementary school definition are the responsibility of their district of residence for child find and services. However, local district Board Policy may exist for out of district teachers who bring their child.

7 Who s Eligible For Services? All eligible students with disabilities (preschool - 12 th grade) who are parentally placed in a private elementary or secondary school; and Home-schooled eligible students with disabilities. NOTE: For profit private schools receive child find only from its LEA.

8 Why Home-School Students? State law was passed in July Home schooled eligible SWD are considered private school students and eligible to receive some or all proportionate share services. Should have a registration process in summer to verify home schooling for child find. Preferably explanation of child find and special education is in the registration packet.

9 Timely and Meaningful Consultation Notice: Who gets it? Representatives of private elementary and secondary schools in the district s jurisdiction; Parents or parent representatives of those SWD in the private schools; and, Parents of eligible home schooled SWD.

10 Remember: You can ask the private schools to identify the parents or representatives of SWD (be sensitive to timelines though). You don t have to beat the bushes looking for private schools and home schooled SWD representatives as long as the effort is documented letter, , notice on website, notice in paper, notice in home school registration materials and/or any combination.

11 Essential Points of TMC When conducting the Timely and Meaningful Consultation process, the district must cover the following items during the meeting: 1. The child find process for private/home schools how private school students can participate equitably and how parents, teachers, and private school officials will be informed of the child find process and procedures. Remember: LEA must locate, identify and evaluate all children suspected of having a disability within their jurisdiction activities should be similar to and completed within comparable time period of students in the public schools. 2. What the proportionate share amount is and how it was calculated.

12 Essential Points (cont.) 3. The consultation process itself and how it will operate throughout the school year so eligible students can participate in special education and related services. Services must be comparable in quality, not quantity. 4. How, where and by whom proportionate share funds will be allocated, including a description of the types and amounts of services that will be provided. The LEA must make the final decisions with respect to the services to be provided (even if there are insufficient funds to serve all SWD) after receiving views from the participants. 5. How the district, if it disagrees with the views of the private schools on services, will provide a written explanation of why it chose not to follow the views of the private schools. Note: State/local funds must supplement not supplant federal funds.

13 Affirmation of Attendance Not enough to simply have a record of attendance. Each participant must be given an affirmation form to sign indicating that the five essential points were discussed and private school views were considered. If the private school personnel or parents refuse to sign an affirmation form, it should be maintained with a note to that effect.

14 Documentation of TMC Copies of any and all notices sent by the district A copy of the ad placed in a newspaper or online to include the date and name of the publication Copies of all attendance or sign-in sheets A copy of any agenda, handout or power point used at the TMC meeting(s) Copies of all signed and unsigned affirmation forms

15 Important Points TMC must be completed prior to school starting (prior to June) then LEA makes the decision on services and fund amount to be provided (prior to when school begins). Notify parties of services and proportionate share amount. Documentation kept by the LEA. If you have no SWD students in the private school(s), you must still do TMC due to Child Find. If you have no private schools or home school SWD students then - 0 (zero) students is recorded in A. but your IEP student count needs to be recorded in B. on the Proportionate Share tab in the Consolidated Application. Must carryover any unspent Proportionate share funds.

16 Calculation of Proportionate Share

17 RESOURCES Go to Ed.gov Building the Legacy: IDEA 2004 Topic: Children Enrolled by Their Parents in Private Schools U.S. Department of Education, Office of Special Education Programs Download: Word (59K) PDF (43K) Questions and Answers On Serving Children With Disabilities Placed by Their Parents at Private Schools (April 2011)