Private School Protocol

 
Private School Protocol

Definitions

Private School Children with Disabilities: As used in this procedural statement, "private school children with disabilities" means children with disabilities voluntarily enrolled by their parents in private schools or facilities.

Private School or Facility: As used in this procedural statement, "private school or facility" means (1) private full-time day school pursuant to California Education Code section 48222 (including religious schools); private tutor pursuant to California Education Code section 48224; and/or (3) any other educational institution program, arrangement, or facility not sponsored, maintained, or managed by the District and for which the District does not collect average daily attendance funds. This includes home school instruction.

Procedures

The following procedures shall be followed by the San Jacinto Unified School District ("District") to ensure that the District:

  • Locates, identifies, and evaluates all children ages three (3) to twenty-two (22) with disabilities enrolled by their parents in private schools including religious schools who may be eligible for special education services;
  • Offers a free and appropriate public education (FAPE) to all children ages three (3) to twenty-two (22) with disabilities voluntarily enrolled by their parents in private schools, including religious schools, who are determined to be eligible for special education services.

 

Child Find

The District shall locate, identify, and evaluate all private school children with disabilities including religious school children residing in the jurisdiction of the District in accordance with S300.125 and 300.220. The activities undertaken to carry out this responsibility for private school children with disabilities will be comparable to activities undertaken for children with disabilities in private schools. Child-find activities shall include consultation with representatives (staff and parents) of private school children ages three (3) to twenty-two (22) with disabilities regarding how to carry out intervention and referral activities. Some of the ways in which the San Jacinto  Unified School District carries out the responsibility for child find include:

  • Distributing materials to representatives of private school children with disabilities (including private school administrators, teachers, parents, and/or students) regarding issues, including but not limited to, criteria for special education eligibility and special education referral procedures under federal and state laws and regulations.
  • Distribute materials to local pediatricians.

Students must be referred for special education instruction and services only after the resources of the general education program have been considered and, where appropriate, utilized.  If, after considering and, where appropriate, utilizing general education resources, representatives of private school children with disabilities (including private school administrators, teachers, and parents) determine that a private school child may be eligible for special education services, a referral shall be directed to the private school child’s public school of residence or, for preschool students, to the San Jacinto Unified School District; Department of Special Education.

Initial Individual Education Program (IEP) Team Meeting

The school of residence or the preschool assessment team shall convene the initial IEP team meeting. If the IEP team determines that a private school child with a disability is eligible for special education services, an IEP will be written, making a specific offer of FAPE (Free Appropriate Public Education) for the student at a public school site.

  • If the parent(s) of a private school child with a disability agree with and consent to the IEP developed by the IEP team, the IEP shall be implemented as soon as the student enrolls in public school.
  • If the parents of a private school child with a disability agrees with, but declines the IEP developed by the IEP team, the IEP team shall:
    • Ask the parents to indicate their agreement with the following statement on the student’s IEP form: "I agree that the District has offered my child a free appropriate public education (including appropriate services in special education). However, I am voluntarily placing my child in a private school."
    • Develop an Individualized Services Plan (ISP) on the district ISP form in accordance with this procedural statement and federal and state laws and regulations.

Child Count
The District shall consult with the representatives of private school children to inform them how the annual count of the number of private school children with disabilities is conducted.

  • The child count shall be conducted for attendance on December 1.
  • The child count shall be used to determine the amount that the District must spend on providing special education and related services to private school children with disabilities in the fiscal year following the date on which the child count is conducted.
  • The District shall conduct an annual count of the number of private school children with disabilities.

Individualized Service Plan (ISP)
No private school child with a disability has an individual right to receive some or all of the special education services that the child would receive if enrolled in public school.
Pursuant to federal and state law regulations, the District shall spend a proportionate share of federal funds to provide special education and related services to private school children with disabilities ages three (3) to twenty-two (22) eligible for special education services. Decisions about the services that shall be provided to private school children with disabilities were made after consulting with representatives of private school children with disabilities in order to determine:

  • Which disabling conditions shall be considered;
  • What services shall be provided;
  • How and where services shall be provided; and
  • How services shall be evaluated

After consulting with representatives of private school children with disabilities, the District determined that the following services shall be provided to private school children with disabilities ages three (3) to twenty-two (22) who are determined to be eligible for special education services.
Each private school that has enrolled students with disabilities shall be offered one or more of the following options:

  • Up to ten (10) hours of consultation services per student per year (regarding curriculum and behavior modifications for each enrolled student with a disability who has been determined to be eligible for special education services.) Such services may be provided by any of the following providers: Speech Language Pathologist, School Psychologist, Special Education Teacher or Occupational Therapist.
  • Up to three (3) staff development opportunities for private school staff teaching students with disabilities.
  • For students with vision impairment only: up to twelve (12) hours of consultation services to school personnel provided by an itinerant teacher for the visually impaired or a teacher’s instructional assistant for the visually impaired. Such services may include the enlargement and adaptation of materials.
  • For students with vision impairment only: up to 10 (ten) hours of orientation and mobility direct or consultation services to be provided on school grounds or the community. Orientation and mobility instructor will provide such services.

Any private school child with a disability who has been designated to receive services under this procedural statement shall have an ISP that describes a specific special education and related services that the District shall provide to the child as determined by the District in this policy. The District shall encourage a representative of the private school to attend each meeting involving an individual child’s ISP. If the private school representative cannot attend, the District shall use other methods to ensure participation by the private school.


The services offered in this procedural statement may be reviewed by the District at least every three years or more often as the District finds appropriate.

If:

  • An IEP team determines that a preschool child with a disability is eligible for special education services and develops an IEP offering placement and related services; and
  • The parent agrees with the IEP developed by the IEP team, but declines public school preschool placement in order to enroll his/her child in a private preschool.

Then:

  • The eligible preschool child shall be considered a private school child with a disability. In such case, the District shall offer the child ISP services in accordance with this procedural statement and federal and state laws and regulations.