Chapter 378 of the Laws of 2007 include amendments to section 3602-C of Education Law relating to the education of students with disabilities who are parentally placed in nonpublic elementary and secondary schools. The public school district where the nonpublic school is located (referred to as the District of Location) is required to provide students with disabilities enrolled in nonpublic elementary and secondary schools by their parents with special education services.
The school district of location (DOL) is responsible for:
Parent consent is required before sharing individual evaluations, IEPs, IESPs (Individualized Education Service Plan) or Services Plans and other special education records between the district of location (DOL) and the district of residence (DOR). There is no federal or State requirement for parental consent to share information between the school district of location and the nonpublic school the student intends to enroll in or is enrolled in.
The parent must request special education services in writing to the school district of location (DOL) by June 1 preceding the school year for which the request for services is made.
For students who are residents of
· The CSE of the district of location (DOL) must develop an IESP for students who are enrolled by their parents in nonpublic elementary and secondary schools located in the geographic boundaries of the public school.
· The IESP must be developed in the same manner and with the same contents as an IEP is developed.
· The CSE must ensure that a representative of the nonpublic school where the student attends is included in the meeting where the IESP is developed
· The manner special education and related services will be provided to students is determined by the district of location.
The student's district of residence (DOR) must:
· provide a Free and Appropriate Public Education by developing an IEP when requested by the parent.
For out-of-state students with disabilities parentally placed in nonpublic schools located in NYS:
· District of location has child find responsibilities.
· Services provided to out of state students must be documented on a Service Plan that is developed by the CSE of the district of location which provides special education services only to the extent that such service provides the student equitable participation in the services funded with IDEA funds in relation to the proportionate share of federal IDEA Part B dollars.
For students with disabilities who are residents of
· The school district of location should be contacted regarding a Service Plan. The student may not be entitled to any or all of the special education services he/she might have received if enrolled in a public or nonpublic school in
Those regulations do not apply to students with disabilities:
· home schooled by parents (District of Residence responsibility).
· in private daycare or preschool programs (District of Residence responsibility). Refer to March 2008 Memo: Provision of Special Education services to a Five-Six Year Old Child with a Disability Not Subject to Compulsory Attendance Requirement and Not on a Regular School Attendance Register listed below.
· enrolled in a public school outside their district of residence.
· parentally placed in drug rehabilitation centers or hospitals.
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