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Individuals with Disabilities Education Act for Private Schools

The Individuals with Disabilities Act (IDEA) is a historical piece of legislation that has paved the way for physically, mentally and emotionally challenged individuals to receive a FAPE (free appropriate public education). There have been many revisions of the law since its original adoption in 1975, the most recent one being in 2004.



Whether a child attends a public school or a private one (even a religious one), the State is still obligated to address the child's disability.
  1. School District Responsibilities

    • IDEA mandates that public school districts have an open dialogue with private schools about providing services to their qualified enrolled students. This means that public schools are not allowed to discriminate against students or the private school they attend by keeping parents in the dark about their child's rights to services, or frustrating the private school in the design, implementation or assessment of services provided.

    Benefits To Children

    • Depending upon the amount of funds available and other criteria, it is possible for a private school student to receive special education services through the public school system; however it is not a certainty.

      Services provided include, but are not limited to:

      * Speech therapy

      * Physical therapy

      * Occupational therapy

      * Medical equipment

      * Assistive technology devices - Help with speech

      * Transportation assistance

      * Some extracurricular activities

    Guidelines

    • There are no guarantees that a child who has been removed from a public school and placed in a private school will receive special education services through the public school system. The benefits they can expect to receive depend upon several different factors:

      * If the child is placed in a private institution by the public school system because they believe the child will have their best chance at an FAPE (free appropriate public education) at the private school, then they will receive services as if they were still in public school.

      * If a child is removed by the parent, and does not prove by a court hearing that their student did not have access to FAPE through the public school system, then there are no promises that their child will receive special education services through the state.

      * Depending upon the amount of funds available and other criteria, it is possible, but not guaranteed, for a private school student to receive special education services through the public school system.

    Fund Allocation

    • Funds received through IDEA are used towards early intervention services for children from birth up to age 21, which includes services such as physical or speech therapies, help with obtaining medical equipment, assistive technology (speech aids) or other assistance.

      Children enrolled in private institutions are still eligible to receive necessary services, and it is the responsibility of the LEA (local educational agency), i.e. the private school, to be certain that eligible students receive the services that they need.

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