Private School Protocol for
2015-2016 School Year
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.
When FAPE is not at issue, special education due process procedures are not available to parents for resolving concerns about the services provided to private school children voluntarily placed by their parents.
No District is required to pay for the cost of educating a child with a disability at a private school (including special education and related services) if:
- The District made a FAPE available to the child, and
- The parents voluntarily elected to place their child in a private school.
Disputes regarding whether a District made a FAPE available to the child (initial location, identification, and assessment of the parentally placed private school child with disabilities) may be resolved pursuant to local policies and procedures and/or by filing a request for due process hearing with the Office of Administrative Hearings.
Disputes regarding these procedural guidelines regarding Children with Disabilities Enrolled by their Parents in Private Schools may be resolved pursuant to local policies and procedures, and/or by filing a complaint with the California Department of Education pursuant to Title 5 of the California Code of Regulations