Special Education Provisions for Private School and Home-Schooled Students in Harris County School District

LEA Privately Placed or Referred Students

• Placement Authority: When the Individualized Education Program (IEP) Team determines that the most appropriate placement for a child is in a private school, the local educational agency ($\text{LEA}$), specifically the Harris County School District ($\text{HCSD}$), remains responsible for the child.

• Responsibility for Services: HCSD must ensure that the child receives all special education and related services outlined in the child's IEP.

• Financial Obligation: All services provided in the private school placement must be provided at no cost to the parent.

• Standards and Rights: HCSD must ensure the education provided at the private school meets the same standards applied to other children with disabilities. The child and their parents retain all rights they would have if the child were in a public school setting.

• Monitoring and Compliance: HCSD is responsible for monitoring the implementation of the IEP and ensuring compliance with the Individuals with Disabilities Education Act ($\text{IDEA}$). The district remains ultimately responsible for ensuring the provision of a Free Appropriate Public Education ($\text{FAPE}$).

Private School Placement by Parent

• General Rule on Payment: Harris County School District is not required to pay for the cost of education, special education, or related services for a parentally placed child in a private school if the district made $\text{FAPE}$ available to the child.

• Entitlement Status: Parentally placed private school students do not have an individual entitlement to $\text{FAPE}$. They are, however, eligible for equitable participation in services.

• Three Circumstances for Private Placement:

  1. LEA Inability to Provide FAPE: If the IEP Team and HCSD determine the district cannot provide $\text{FAPE}$, the public school must identify and pay for a private school at no cost to the parent.

  2. Parental Withdrawal for Disagreement: Parents may withdraw a child to seek tuition reimbursement under specific legal circumstances.

     • The parent must inform the IEP team of their disagreement with the proposed IEP and placement and state their intent to seek reimbursement.

     • Notice Requirement: Parents must provide written notice to the school district at least $\text{10}$ days prior to removing the child from public school.

     • Evaluation Caveat: If HCSD requests an evaluation during that $\text{10}$-day notice period and the parents refuse, reimbursement rights may be denied.

     • Due Process: If HCSD does not agree to reimbursement, the parties must go before a due process hearing officer to determine if the public school originally provided $\text{FAPE}$.

  3. Parental Choice: The parent may choose a private school at their own expense for personal reasons, in which case $\text{FAPE}$ is not a legal issue.

• Home-Schooled Students: Children home-schooled within HCSD boundaries are legally considered parentally placed private school children. They are eligible for equitable services through a Services Plan ($\text{SP}$) but are not entitled to $\text{FAPE}$.

Child Find Activities

• LEA Responsibility: HCSD is required to locate, identify, and evaluate children attending private schools within its jurisdiction.

• Consultation: HCSD must consult with private school representatives to complete child find activities.

• Comparability: Child find activities for private school students must be similar to those for public school children and must be completed within a comparable timeline.

• Jurisdictional Scope: Activities include all parentally placed private school children attending schools within HCSD boundaries, regardless of whether the child resides in a different district or a state other than Georgia ($34\,C.F.R.\,\S\,300.131(a)$).

Consultation Process

• Required Participants: HCSD must consult with representatives of private schools, parents of private school children, and parents of home-schooled children.

• Timing: Timely and meaningful consultation occurs each spring. Multiple meetings may be held if necessary.

• Documentation: HCSD must maintain records of spring consultation meetings, including agendas, sign-in sheets, and outcomes. A signed consultation affirmation document is housed at the district's special education office.

• Required Consultation Topics (GaDOE Requirements):

  • Equitable participation in the Child Find process for suspected students with disabilities.

  • Methods to inform parents, teachers, and private school officials about the Child Find process.

  • Calculation of the proportionate share of federal funds available.

  • The operational process of services throughout the school year.

  • The specifics of how, where, and by whom special education and related services are provided.

  • Apportionment of funds if the available amount is insufficient.

  • The timing and method of service-delivery decisions.

  • Written explanations provided to private schools regarding why HCSD might choose not to provide services directly or through a contract.

Determination of Equitable Services

• No Individual Right: Per $34\,C.F.R.\,\S\,300.137(a)$, no parentally placed private school child has an individual right to receive some or all the services they would receive in a public school.

• Equitable Participation: HCSD must provide an opportunity for equitable participation using Federal IDEA Part B dollars as determined after the consultation process.

• Service Variations: These children will receive different amounts of services than public school students, and some may receive no services at all. HCSD makes final decisions on services prior to the start of each school year.

• Provision of Materials: Materials, equipment, and property must be secular, neutral, and non-ideological. Property remains HCSD property and must be returned when no longer needed.

• Prohibited Funding Uses: Funds cannot be used for repairs, minor remodeling, or construction of private school facilities. IDEA funds cannot finance a private school's existing level of instruction or general needs.

Services Plans (SP / ISP)

• Development: An Individualized Service Plan ($\text{ISP}$) must be developed and implemented for each private school child receiving services from HCSD.

• ISP Requirements:

  1. A statement of special education, related services, and supplementary aids/services to be provided.

  2. Must be in effect at the start of each school year.

  3. Must be developed, reviewed, and revised at least annually.

  4. Must include measurable goals where appropriate.

• Participation: HCSD initiates meetings and ensures a private school representative attends. Participation can occur in person, via conference call, or other means.

• Personnel Standards: Personnel must meet the same standards as those in the traditional LEA, though private school teachers are not required to meet specific qualifications in $34\,C.F.R.\,\S\,300.156(c)$.

Transportation

• Eligibility: Transportation must be provided if necessary for the child to benefit from or participate in the services.

• Limitations: HCSD is not required to transport the child from their home to the private school.

• Funding: Transportation costs are included when calculating if HCSD has met proportionate funding requirements.

Evaluation and Eligibility Procedures

• Evaluation Timeline: Evaluations must be conducted within the Georgia Department of Education ($\text{GaDOE}$) requirement of $60$ days.

• Outcome - Choice of Enrollment:

  • If the student is eligible, the IEP team develops an IEP based on residence in Harris County.

  • If the parent enrolls the student in HCSD, the IEP implementation date is set for the enrollment date.

  • If the parent chooses to remain in private school, meeting minutes reflect this, and the district may consider services based on the proportionate share.

• Permission for Records: Specific parent permission is required to share eligibility data and reports between school systems.

Financial Provisions and Proportionate Share

• Annual Calculation: Proportionate share calculations are performed annually and are limited to federal IDEA funds. Records are kept in the special education office.

• Allocation for $2025-2026$: For the $2025-2026$ school year, HCSD has agreed to use its allocation to provide Speech-Language services to eligible students as long as funding lasts.

• Expenditure Requirements:

  • Ages $3-21$: HCSD must expend a proportion of its total Part B IDEA flow-through funding equal to the ratio of private school children with disabilities in its jurisdiction to the total number of children with disabilities in its jurisdiction.

  • Ages $3-5$: HCSD must expend a proportion of its IDEA preschool funding equal to the ratio of private school children with disabilities in that age range to the total number of children with disabilities in that age range.

• Exhaustion of Funds: Once proportionate share funds are expended for the fiscal year, there is no requirement to provide additional funds or services.

• Carry-over: Unexpended funds at the end of the fiscal year carry over for exactly one additional year.

Residency vs. Location Responsibilities

• Responsibility of Residence: The district where the child lives is responsible for ensuring $\text{FAPE}$.

• Responsibility of Location: The district where the private school is located is responsible for Child Find and providing equitable services.

• Evaluation Duty: HCSD conducts evaluations for students attending private schools within its boundaries, even if the student lives elsewhere. Parents must notify their system of residence regarding the eligibility status found by HCSD.