Section 12: Private Schools and Home-School Special Education Policy

State Rule: $160-4-7-.13$ – Private Schools

• LEA Privately Placed or Referred Students:

  • When an Individualized Education Program (IEP) Team determines the most appropriate placement for a child is a private school, the local educational agency (Harris County School District or HCSD) that places the child maintains significant responsibilities.

  • The HCSD is responsible for ensuring the child receives all special education and related services included in their IEP.

  • These services must be provided at no cost to the parent.

  • HCSD must ensure the education at the private school meets the standards applicable to other children with disabilities.

  • The child and parent must continue to have the same rights as other children with disabilities and their parents.

  • HCSD is responsible for monitoring the implementation of the IEP and ensuring compliance with the Individuals with Disabilities Education Act (IDEA).

  • Ultimately, Harris County School District is responsible for ensuring a free appropriate public education (FAPE) is provided to children it places in private schools.

Private School Placement by Parent

• General Rule on Payment:

  • Harris County School District is not required to pay for the cost of education, including special education and related services, for a parentally placed child at a private school if the HCSD made FAPE available to that child.

  • Parentally placed private school students do not have an individual entitlement to FAPE but are eligible for equitable participation in services.

• Three Circumstances of Private School Placement:

  1. LEA Inability to Provide FAPE: If the IEP Team and LEA (HCSD) determine they cannot provide FAPE, the public school must identify and pay for a private school to provide services at no cost to the parent.

  2. Parental Withdrawal and Tuition Reimbursement: A parent may withdraw a child from public school to enroll them in a private school and seek tuition reimbursement under specific conditions allowed by federal and state law.

     • Parents must inform the IEP team they disagree with the proposed IEP and placement and intend to seek reimbursement.

     • Notification must be provided to the school district in writing at least $10$ days prior to removing the child.

     • If the public school requests an evaluation during this $10$-day period and the parents refuse, reimbursement may be denied.

     • Disputes regarding reimbursement of all private school costs must be decided by a due process hearing officer to determine if the public school provided FAPE.

  3. Parental Choice at Own Expense: Parents may choose a private school instead of public school at their own expense; in this case, FAPE is not considered an issue.

• Rights and Home-Schooling:

  • Parents have the right to enroll children in a private school of their choice but are not guaranteed the same rights as children in public school or those placed in private school by HCSD.

  • Children who are home-schooled within the boundaries of HCSD are considered parentally placed private school children for special education purposes.

  • Home-schooled students may receive equitable services through a Services Plan (SP) but are not entitled to FAPE.

Child Find Requirements

• Obligation and Consultation:

  • HCSD must carry out child find activities to locate, identify, and evaluate children attending private schools within its jurisdiction.

  • HCSD must consult with representatives of the private school to complete these activities.

• Standards and Timelines:

  • Child find activities must be similar to those undertaken for children in the traditional LEA.

  • Activities must be completed in a time period comparable to that for other children in the traditional LEA.

  • Jurisdiction includes any parentally placed private school children attending a private school within HCSD, even if the child resides in a different LEA or a state other than Georgia, per $34 \text{ C.F.R. } \S 300.131(a)$.

  • Evaluations for private school/home school students must be completed within the Georgia Department of Education (G̕a̕D̕O̕E̕) sixty ($60$) day timeline requirement.

Timely and Meaningful Consultation

• Mandatory Consultation Stakeholders:

  • HCSD consults with private school representatives, parents of private school children, and parents of home-schooled children regarding the design and development of special education and related services.

• Annual Schedule:

  • Timely and meaningful consultation occurs each spring.

  • More than one consultation may be required to meet requirements.

• Documentation Requirements:

  • HCSD must maintain agendas, sign-in sheets, and outcomes of spring consultation meetings.

  • A signed consultation affirmation document must be housed at the district's special education office.

• Topics Required by GaDOE for Consultation:

  • The process for equitable participation of suspected disabled private school children in Child Find.

  • Methods for informing parents, teachers, and private school officials of the Child Find process.

  • Calculation of the proportionate share of federal funds available.

  • Operation of the process throughout the school year.

  • Details on services: how, where, and by whom special education and related services will be provided.

  • Apportionment and decision-making processes if funds are insufficient.

  • Timeline for decisions.

  • Provision of a written explanation to private school officials if HCSD chooses not to provide services directly or through a contract.

Determination of Equitable Services

• Legal Limitations:

  • No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services they would receive if enrolled in HCSD ($34 \text{ C.F.R. } \S 300.137(a)$).

  • HCSD has an obligation to provide opportunity for equitable participation via Federal IDEA Part B dollars.

• Service Amount:

  • Children in private schools will receive a different amount of services than those in public schools.

  • Some children may receive no services at all.

• Final Authority:

  • HCSD makes final decisions regarding services before the start of the school year.

Individualized Service Plans (ISP)

• Development and Revision:

  • An ISP must be developed and implemented for each private school child receiving services from HCSD.

  • The plan must be in effect at the beginning of each school year.

  • The plan must be developed, reviewed, and revised periodically, but no less than annually, following IDEA and Georgia Rules.

• ISP Content and Meetings:

  • The ISP must contain a statement of special education, related services, and supplementary aids and services.

  • To the extent appropriate, the plan must meet IEP requirements, including measurable goals.

  • HCSD initiates and conducts meetings; a representative of the private school must attend.

  • Participation may be in-person, through conference calls, or other means.

Personnel and Resource Logistics

• Personnel Standards:

  • Personnel providing services must meet the same standards as public school personnel.

  • Exception: Private school teachers do not have to meet the Special Education Teacher qualifications in $34 \text{ C.F.R. } \S 300.156(c)$, per $34 \text{ C.F.R. } \S 300.138(a)(1)$.

• Location and Transportation:

  • Services may occur at private schools, public schools, or community settings.

  • HCSD must provide transportation if necessary for the child to benefit from or participate in services.

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

  • Transportation costs count toward proportionate funding requirements.

• Materials and Equipment:

  • HCSD may provide materials, equipment, and property purchased with IDEA funds.

  • Items must be secular, neutral, and non-ideological.

  • Property must be returned when no longer needed.

• Funding Restrictions:

  • Funds cannot be used for repairs, minor remodeling, or construction of private school facilities.

  • Funds cannot finance the existing level of instruction, the private school's needs, or the general needs of private school children.

  • Funds may be used for indirect services like consultation and staff training.

Financial Formulas and Proportionate Share

• Allocation for $2025-2026$:

  • HCSD agreed to use Private/Home school allocations for Speech-Language services for eligible students as long as funding remains available.

• Calculation Requirements:

  • For ages $3-21$: HCSD must expend an amount proportionate to the number of private school children with disabilities (residing in jurisdiction) vs. the total number of children with disabilities (residing in jurisdiction) using Part B flow-through funding.

  • For ages $3-5$: A similar proportion is calculated using IDEA preschool funding.

  • Calculations are limited to federal IDEA funds and updated annually.

• Usage and Carryover:

  • Once proportionate share funds are exhausted for a fiscal year, HCSD has no requirement to provide additional funds or services.

  • Unexpended funds must be carried over for one additional year.

Post-Evaluation Procedures and Residency

• Eligibility Process:

  • Following evaluation, the school psychologist works with parents/private school teams for an Eligibility/IEP meeting.

  • If a student is residency-eligible for HCSD, an IEP is developed.

  • If a parent enrolls the student in HCSD, the implementation date is projected forward to the enrollment date.

  • If a parent chooses to remain in private school, meeting minutes reflect this decision and a service plan may be considered.

• Residency vs. Location:

  • The district where the private school is located is responsible for Child Find and equitable services.

  • The district of residence is responsible for FAPE.

  • If a student attends a private school in HCSD but lives elsewhere, HCSD evaluates and determines eligibility. The parent must notify their system of residence.

  • Secure permission to release/obtain records is required for school systems to share eligibility data.

Georgia Special Needs Scholarship Program

• This program allows eligible students to transfer to another public school or use a state-funded scholarship to attend an approved private school.