Placements by the School District in Nonpublic Special Education Programs/Facilities
1. IEP Meeting: The IEP Team shall conduct a meeting(s) and complete an individualized education plan (IEP) before placing a student in a nonpublic special education program or facility.
A. REPRESENTATIVE PARTICIPATION: The District is responsible for arranging participation of a representative of the private school/facility in the IEP meeting.
B. DISTRICT RESPONSIBILITY: The District remains responsible for the development and implementation of the student’s IEP.
2. Placement Requirements: The District will determine, for those students placed in a nonpublic special education program or facility, that the conditions contained in 23 Ill. Admin. Code 226.330(c) are satisfied.
Children With Disabilities Enrolled by Their Parent(s) In Private Schools Where FAPE Is At Issue
1. Parental Responsibility for Costs: The District is not responsible for educational costs, including special education and related services, of students placed in nonpublic special education program or facilities by their Parent(s) if the District made or attempted to make free appropriate public education (FAPE) available to the student and the Parent(s) elected to place the student in a nonpublic special education program or facility.
2. Reimbursement Availability: If the Parent(s) of a student with a disability, who previously received special education and related services from or through the District, enroll the student in a private school without the consent of or referral by the District, a court or hearing officer may require the District to reimburse the Parent(s) for the cost of the private school if there are findings that,
A. FAPE: The District did not make a FAPE available to the student in a timely manner prior to the private school enrollment, and
B. PARENTAL PLACEMENT: The private placement is appropriate.
3. Reimbursement Reductions: The District will notify the Parent(s) of the conditions under which reimbursement for the cost of a unilateral placement in a nonpublic special education program or facility may be reduced or denied. Those conditions include:
A. LACK OF NOTICE AT IEP MEETING: Failure of the Parent(s) to inform the IEP Team, at the most recent IEP meeting prior to removal of the student from the public school, of the Parent(s) rejection of the placement proposed by the District and of their intent to enroll the student in a nonpublic special education program or facility at public expense at least 10 business days prior to the removal of the student from the public school, or;
B. LACK OF WRITTEN NOTICE: At least 10 business days prior to the removal of the student from the public school the Parent(s) did not give written notice to the District of the information described in paragraph 3(A) above; or
C. UNAVAILABILITY FOR EVALUATION: If, prior to the Parent(s) removal of the student from the public school, the District informed the Parent(s), through the notice requirements, of its intent to evaluate the student, but the Parent(s) did not make the student available for the evaluation; or
D. UNREASONABLENESS: Any judicial finding of unreasonableness with respect to the actions taken by the Parent(s).
Children with Disabilities Enrolled by Their Parent(s) in Private Schools Where FAPE Is Not An Issue
1. Child Find: The District shall develop and implement a system to locate, identify and evaluate students with disabilities (Child Find) who attend private elementary or secondary schools, including religiously affiliated schools and home schools, located within the District. The District conducts Child Find activities for private school students with disabilities that are similar to those for students with disabilities in public schools.
2. Individual Service Plan: Upon evaluation or reevaluation and determination that a private student is eligible for special education and related services, the District will develop a services plan for the student if s/he is designated by the District to receive special education and related services.
3. Limitation on District Obligation: The District is not obligated to provide the special education and related services the student would receive if enrolled in a public school.
4. Prior Consultation: The District shall consult annually with private school representatives and representatives of Parent(s) of private school students regarding the following:
A. CHILD FIND: The Child Find process, including how parentally placed private school children can participate equitably and how Parent(s), teachers, and private school officials will be informed of the process;
B. AVAILABLE FUNDS: The determination of proportionate share of funds available to serve parentally placed private school students with disabilities;
C. CONSULTATIVE PROCESS: The consultation process;
D. SERVICE AVAILABILITY: The provision of special education and related services; and
E. WRITTEN EXPLANATION: A written explanation by the District regarding services.
5. District Decision: The District shall make final decisions with respect to the services to be provided to eligible students who are enrolled in private schools. The services to be provided to such students are those services that the District has determined, through the consultation process, it will make available.
6. Personnel: The District shall assure that the providers of services to private school students with disabilities meet the same standards as personnel providing services in the public schools, except that private elementary and secondary school teachers who provide equitable services to parentally-placed private school children with disabilities do not have to meet the “highly qualified” requirements of the law.
7. Parental Notification: The District shall be responsible for providing Parent(s) with all notifications required to be provided to Parent(s) of students with disabilities who attend public schools.
8. Child Count: By December 1 of each year, the District will conduct a census of the number of nonpublic school students eligible under Individual with Disabilities Education Act (IDEA), who may or may not be receiving special education and related services.