IDEA Private Schools
About Private Schools
The Federal Individuals with Disabilities Education Act ("IDEA") and its implementing regulations contain a number of significant changes from preexisting law and regulations for parentally-placed private school children with disabilities.
Section 612(a)(10)(A) of IDEA and 34 CFR §§300.130 through 300.144 require that the local educational agency ("LEA"), after timely and meaningful consultation with private school representatives, conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private schools located in the LEA.
These requirements make clear that the obligation to spend a proportionate amount of IDEA Part B funds to provide services to children with disabilities enrolled by their parents in private schools now refers to children enrolled by their parents in private elementary schools and secondary schools “in the school district served by a local education agency.”
The LEA where the parentally-placed children with disabilities in private schools are located is responsible for child find and for providing special education and related services.
Source of Funds
A proportionate share of the IDEA Entitlement funds must be used for parentally placed students with disabilities in private schools.
Funding Allocation
The Fresno County SELPA allocates IDEA, Part B, Section 611 funds for private schools using a proportionate share calculation, if applicable.
Accounting
- Revenue Transfer: 0100-33110-0-5001-0000-818100
- Cash is disbursed upon the receipt of funds from CDE, after the approval of expenditure claims.
- Expenditures: 0100-33110-0-5XXX-XXXX-XXXXXX
Use of Funds
LEAs must use the proportionate share of their IDEA 611 Part B Resource 3310 and 3305 funds to provide special education and related services to parentally-placed children with disabilities enrolled in private schools and who attend private schools located in the LEA. There is no exception for out-of-state parentally-placed children with disabilities attending private schools located in the LEA. Therefore, out-of-state parentally-placed children with disabilities must be included in the group of parentally-placed children with disabilities whose needs are considered in determining which parentally-placed private school children with disabilities will be served and the types and amounts of services to be provided.
LEAs must spend the entire proportionate share of IDEA 611 Part B Resource 3310 and 3305 funds on parentally-placed private school children with disabilities, regardless of the availability of state and local funds. In other words, state and local funds can no longer be used as a substitute for the proportionate share of IDEA 611 Part B Resource 3310 funds.
- Private Schools - Allowable Costs Proportionate Share, v. 2.1
- Private Schools - Questions and Answers
- Private Schools - A Question Regarding Entitlement
- Private Schools - US Department of Education
- Unable to Spend Funds