Public agencies and SEA have an obligation to locate, identify and evaluate private school students with disabilities, including those students whose parents enroll in private schools. The process must be completed in the same manner as it would be if the student was attending the public agency.
When public agencies are considering private placement for students, the public agency must first conduct a meeting to develop an IEP for the child in accordance with IDEA. The public agency and the SEA remain responsible for the IEP even if a private school or facility implements the IEP.
According to Missouri’s State Plan, If the parent enrolls the student in a private placement without the consent of or referral by the public agency and the public agency makes FAPE available to the student, the public agency is not required to pay for the cost of education or special education services. An exception to this is if a court or a hearing officer finds that the agency did not make FAPE available to the student in a timely manner before the parent enrolling the child in the private placement. However, the parent must inform the IEP team at the most recent IEP team meeting or at least ten (10) business days (including any holidays that occur on a business day) before the removal of the student from the public agency of their intent to enroll their student in a private school at public agency expense.
Public agencies are still required to provide services for parentally-placed private school students with disabilities. Each public agency must develop a service plan for these students. The services provided to parentally-placed private school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in public schools.
For more information about Private School Placement, check out these resources below:
Click HERE to view a document for children with disabilities who attend private or parochial schools or are homeschooled.
Click HERE to view the Missouri State Plan Part B.
Click HERE to view Sec. 300.325 Private school placements by public agencies.
Click HERE to view the approved Private Agencies by Agency 1.7.2022 document.
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