OSEP Issues New Q&A Guidance on Serving Children with Disabilities Placed By Their Parents in Private Schools, A Message from Connecticut Special Education Attorney Jeffrey Forte

The U.S. Department of Education Office of Special Education Programs (OSEP) recently issued a new document titled “Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools” in February 2022.  It is intended to provide families and public-school districts with guidance pertaining to the Individuals with Disabilities Act (IDEA). The new Q&A guidance is to apply to children with disabilities that are placed by the parents in private schools, who are not enrolled in the local educational agency (LEA), and or whom the provision of free appropriate public education (FAPE) is not an issue.

Generally speaking, children with disabilities that attend private schools fall into three main categories:

(i) Children that are placed by their parents, who are not enrolled in the LEA where FAPE is not an issue;

(ii) Children that are placed by their parents, who are or were enrolled in the LEA where FAPE is an issue; and

(iii) Children that are placed by the LEA to ensure they receive a FAPE.

The new guidance addresses the first category above. At a glance, the guidance is divided into the following sections:

1. Child Find and Individual Evaluations
2. Consultation with Private School Representatives and Representatives of Parents of Parentally-Placed Private School Children with Disabilities
3. Equitable Services
4. Provision of Equitable Services
5. Services Plans
6. Location of Services and Transportation
7. Equitable Service Providers
8. Out-of-State Children with Disabilities and Children with Disabilities Whose Parents Live in Other Countries
9. Home-Schooled Children with Disabilities
10. Preschool Children
11. State Voucher and Scholarship Programs
12. Children in For-Profit Private Schools
13. Extended Public School Closures
14. Proportionate Share Calculation for Equitable Services
15. Expenditures and Allowable Use of Funds
16. Property, Equipment, and Supplies
17. Dispute Resolution: State Complaints, Mediation, and Due Process Complaints

Each sections provides multiple questions and answers.  The entire 55 page document can be found here: https://sites.ed.gov/idea/files/QA_on_Private_Schools_02-28-2022.pdf