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Santa Cruz City Schools |  BP  6164.41  Instruction

Children With Disabilities Enrolled By Their Parents In Private School   

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The Governing Board recognizes its obligations under federal and state law to: 1) establish procedures for the location, identification, and evaluation of all children with disabilities voluntarily enrolled by their parents/guardians in private schools located within the district; and 2) to develop procedures to ensure that equitable services are made available to those children who may be eligible for special education services, and who remain voluntarily enrolled in private schools within the district following evaluation..

The Superintendent or designee shall ensure that activities to locate, identify, and evaluate children with disabilities enrolled by their parents/guardians in private schools within the district are comparable to activities undertaken to locate, identify, and evaluate children with disabilities enrolled in public schools within the district. (34 CFR 300.131; Education Code 56171)

The district shall expend a proportionate share of federal special education funds upon services for students with disabilities enrolled in private schools within the district. However, a parentally-placed private school student does not have an individual right to receive some or all of the special education services that the student would receive if enrolled in a public school.

Legal Reference:

EDUCATION CODE

56170-56177 Children in private schools

56300-56385 Identification and referral, assessment

UNITED STATES CODE, TITLE 20

1412 Individuals with Disabilities Education Act

CODE OF FEDERAL REGULATIONS, TITLE 34

300.130-300.140 Children with disabilities enrolled by their parents in private schools

Management Resources:

UNITED STATES DEPARTMENT OF EDUCATION PUBLICATIONS

Questions and Answers on Serving Children with Disabilities Placed by Their Parents at Private Schools, March 2006

FEDERAL REGISTER

Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46539-46845

WEB SITES

California Department of Education, Special Education: http://www.cde.ca.gov/sp/se

U.S. Department of Education, Office of Special Education Programs: http://www.ed.gov/about/offices/list/osers/osep

Policy SANTA CRUZ CITY SCHOOLS

adopted: April 21, 2010 Soquel, California