ANNUAL PRIVATE, RELIGIOUS, HOME
SCHOOL MEETING
WELCOME!
Sowmya Kumar
Assistant Superintendent
Houston Independent School District
Office of Special Education Services
February 18, 2011
Advisory Committee
Individuals with Disabilities Education
Improvement Act of 2004 (IDEA 2004)
Children with Disabilities Parentally Placed in Private Schools
Definition: §300.130
Parentally Placed Private School Children with
Disabilities means children with disabilities enrolled
by their parents in private schools or facilities that
meet the definition of elementary or secondary
schools other than children
with disabilities placed in a
private school or other
facility by a public agency.
Definition: §300.133 (a)(2)(ii)
Children aged 3 – 5 are
considered to be parentallyplaced private school
children with disabilities
enrolled by their parents in
private, including religious,
elementary schools, if they
are enrolled in a private
school that meets the
definition of elementary
school in 34 CFR 300.13
TEA Commissioner’s Rules
 A preschool may be included as a private school if considered a
part of a facility meeting the definition of an elementary school
 Private and Religious Schools must meet the definition of a
private school and must also meet the definition of a nonprofit
entity
 Home schools must meet certain criteria, but do not need to
meet the definition of nonprofit
 Parents of children 3 or 4 years old (as of September 1) may
decline dual enrollment and seek private school services from
the district in which the private school is located under the
proportionate share provisions
Texas Administrative Code
89.1096(a)(1)
In Texas, what should a school district consider when
determining whether an entity is a private school?
In determining whether a school/entity is a private
school, school districts must determine if the private
school:
 is a non-profit entity
 provides elementary or secondary education that
incorporates an adopted curriculum designed to
meet basic educational goals, including scope and
sequence of courses, and;
 conducts formal reviews and documentation
of student progress
Texas Administrative Code
89.1096(a)(1)
What should a school district consider when determining whether a
pre-school facility is a private school?
In determining whether a preschool facility is a private school, Texas
school districts must determine if the facility:
 is a non-profit entity
 provides elementary education that incorporates an adopted
curriculum designed to meet
basic educational goals,
including scope and sequence
of courses, and;
 conducts formal reviews and
documentation of student progress
Texas Administrative Code
89.1096(a)(2)
Does a home school need to be a non-profit entity to be considered a
private school?
A home school is not required to be a non-profit entity to be
considered a private school. However, in order to be considered a
private school, a home school must provide elementary or
secondary education that incorporates an adopted
curriculum designed to meet basic educational
goals, including scope and sequence of courses,
and formal review and documentation of student
progress
Texas Administrative Code
89.1096(a)(2)
TEA Guidance regarding home schools states “School districts
which become aware of a student who is potentially being home
schooled may request in writing a letter of notification from the
parents of the student regarding their intention to home-school the
student.
This letter may require assurance
that the home-school curriculum
is designed to meet basic
education goals including reading,
spelling, grammar, mathematics,
and a study of good citizenship.”
TEA Public Education Information
Management System (PEIMS) Guidance
Parentally-Placed Private School Students with
Disabilities: Requirement to Report
The Individuals with Disabilities Education
Act of 2004 (IDEA 2004), Section 618,
requires states to collect and report data
annually on students with disabilities.
Pursuant to 34 CFR §300.133(c), local
education agencies (LEAs) are required
to provide to the State information
related to parentally-placed private
school children covered under
34 CFR §§300.130-144.
Title 34: Education
Part 77 – DEFINITIONS THAT APPLY TO DEPARTMENT REGULATIONS
§ 77.1 Definitions that apply to all Department programs.
(c) Unless a statute or regulation provides otherwise, the following
definitions also apply to the regulations in this title:
Nonprofit, as applied to an agency, organization, or institution, means
that it is owned and operated by one or more corporations or
associations whose net earnings do not benefit, and cannot lawfully
benefit, any private shareholder or entity.
Texas Administrative Code
89.1096(d)
What options other than dual enrollment are available to a
parentally-placed private school student with a disability?
A parent of a private school student age 3 – 5 may choose to be
considered for a services plan or may choose dual enrollment.
A services plan consists of limited special education and
related services as determined by representatives of the school
district and private school. While a parentally-placed private
school student with a services plan may receive limited
services, no parentally-placed private school student with a
services plan has a right to receive some or all the services the
student would receive if enrolled in a public school.
Child Find §300.131
(a) General
Each Local Education Agency (LEA) must locate,
identify, and evaluate all children with disabilities
who are enrolled by their parents in private,
including religious, schools located in the
school district served by the LEA…
(b) Child Find Design
Must ensure the equitable
participation of parentallyplaced private school
children and an accurate
count of those children
Child Find §300.131
(c) Activities
Activities must be similar to
the Child Find activities
undertaken for the district’s
public school children
(d) Cost
Cost may not be considered
(including the cost of
individual evaluation) in
determining if the LEA has
met its obligation
Child Find §300.131
(e) Completion Period
Child Find process must
be completed in a time
period comparable to that
for other students in the
LEA
(f) Out-of-State Children
Child Find process must
include children attending
a private school in a state
other than the state in which
they reside
The Referral Process
The LEA has an obligation under Child Find
activities to :
Locate
Identify
Evaluate
all students with disabilities who
are enrolled by their parents in
private schools.
The Referral Packet
A completed Child Find referral packet will consist of:
• Complete Referral Committee Report (3 pages) with interventions
• Record of Communication with parent or guardian
• Notice of Full and Individual Evaluation and Test Description
• Screening for Assistive Technology
• Language & Behavior Rating Scales
• Home Language Survey
• Most Recent Report Card
• Most Recent Standardized Test Results
• Checklist for Cultural, Environmental or
Economic Exclusionary Factors
• Sociological Form
• 5 Work Samples
The Referral Packet
 When the referral packet is received, it will be
processed and screened for completeness.
 Missing items/information will be requested.
 Once the referral for evaluation is completed,
the Child Study Private/Religious/Home
School staff will contact the
parents to advise them of
the next step in completing
the referral process.
IDEA Required Interventions
IDEA 1997: Set the stage for the RtI or “Response to
Intervention” language that appears in IDEA 2004
IDEA 2004: Sets out explicit expectations for whole-school
approaches, high-quality early reading programs,
positive behavioral interventions and supports, and
early intervening services to reduce the need to
label children in order to assess the
learning and behavioral needs of
such children
The Intervention Assistance Process
The Intervention Assistance
Process stresses collaborative
problem solving at both the
system level and at the
individual student level. It
builds teacher capacity to meet
the needs of students that vary
widely in their cultural,
linguistic, and social
backgrounds, as well as in
their academic ability.
Response to Intervention (RtI)
The Region 4 Education Service Center provides
training sessions for school personnel related to
the Response to Intervention process.
Contact Carol McManus at Region 4 at 713-7446360 or cmcmanus@esc4.net or consult the
Region 4 staff development catalog for further
information.
Child Find ~ Referral ~ IAT
Questions? Input?
Provision of Services
§300.132
(a) General To the extent consistent with
the number and location of children
with disabilities who are enrolled by
their parents in private, including
religious, … schools located in the
district served by the local education
agency, provision is made for the
participation of those children in the
program assisted or carried out under
Part B of the Act by providing them
with special education and related
services, including direct services…
Provision of Services
§300.132
(b) State Education Agency (SEA) Responsibility -Services Plan …a Services Plan must be developed and
implemented for each private school child with a
disability who has been designated by the LEA in
which the private school is located to receive special
education and related services under this part
(c) Record Keeping Each LEA must maintain in its
records, and provide to the SEA, the following
information…
(1) The number of children evaluated
(2) The number of children determined to be with
disabilities
(3) The number of children served
Expenditures
§300.133
(a) Formula
1) For children aged 3 - 21
2) For children aged 3 - 5
3) Carry-over provision for
non-expended funds
(b) Calculating Proportionate Amount
After consultation with private,
religious, and home school
representatives, in order to calculate
the proportionate amount a thorough
and complete Child Find process will
be conducted to locate parentally
placed students with disabilities
attending private schools in the LEA
IDEA-B Formula Calculation
for Proportionate Share
Step One: Calculating Average Allocation per Eligible Child
Total Allocation
________________________________________________
= Average Allocation
Total Number of Eligible Children
(as of last the last Friday in October, annual child count)
Include:
▪ enrolled in public school, ages 3 – 21
▪ dually enrolled in public and private school, ages 3 – 4*
▪ parentally placed in private school, ages 3 – 21
* Ages 3 – 4: an eligible student ages 3 or 4 shall have the right to “dual enroll” in both the public
school and the private school beginning on the student’s third birthday and continuing until the
end of the school year in which the student turns five or until the student is eligible to attend a
district’s public school kindergarten program, whichever comes first.” (TAC §89.1096)
IDEA-B Formula Calculation
for Proportionate Share - Continued
Step Two: Calculating the Amount to be expended
for Parentally-Placed Children with Disabilities
Average Allocation
x
Number of Parentally Placed
Children with Disabilities
(as of last the last Friday in October, annual child count)
= Amount to be Expended
Include:
▪ parentally placed in private school, ages 3 – 21
Exclude:
▪ dually enrolled in public and private school, ages 3 – 4*
IDEA-B Preschool Calculation
for Proportionate Share
Step One: Calculating Average Allocation per Eligible Child
Total Allocation
_________________________________________
=
Average Allocation
Total Number of Eligible Children*
(as of last the last Friday in October, annual child count)
Include:
▪ enrolled in public school, ages 3 – 5
▪ dually enrolled in public and private school, ages 3 – 4*
▪ parentally placed in private school, ages 3 – 5
IDEA-B Preschool Calculation
for Proportionate Share
Step Two: Calculating the Amount to be expended
for Parentally-Placed Children with Disabilities
Average Allocation
x
Number of Parentally Placed
Children with Disabilities**
(as of last the last Friday in October,
annual child count)
=
Amount to be Expended
Include:
▪ parentally placed in private school, ages 3 – 5
Exclude:
▪ dually enrolled in public and private school, ages 3 – 4*
Expenditures §300.133
c) Child Count
1) LEA must consult with representatives of private
schools in deciding how to conduct the annual
count and must ensure the count is conducted on
any date between October 1 and December 1 of
each year.
2) Child count must be used to determine
the amount the LEA must spend on providing
special education and related services to
parentally placed private, religious, and home
school children in the next subsequent fiscal year.
Expenditures
§300.133
(d) Supplement, not Supplant
State and local funds may
supplement, and in no way
supplant, the proportionate
amount of Federal funds
required to be expended
for parentally placed
private school children
Services, Proportionate Share &
Expenditures Questions? Input?
Consultation
§300.134
To ensure timely and meaningful consultation, an LEA must consult
with private school representatives and representatives of parents of
parentally placed private school children with disabilities during the
design and development of special education and related services for
the children regarding the following:
a) Child Find
b) Proportionate Share of Funds
c) Consultation Process
d) Provision of Special Education
and Related Services
e) Written Explanation by LEA
Regarding Services
Written Affirmation
§300.135
As a requirement of IDEA…
a) When timely and meaningful consultation
has occurred, the LEA shall obtain a written
affirmation signed by the representatives
of participating private schools
b) If the representatives do not provide the
affirmation within a reasonable amount of time,
the LEA must forward the documentation of
the consultation process to the SEA
Compliance
§300.136
(a) General
A private school official has the right to submit a complaint to the SEA
that the LEA:
1) Did not engage in consultation that was meaningful and timely; or
2) Did not give due consideration to the views of the
private school official
(b) Procedure
1) If a private school official wishes to submit a
complaint, the official must provide to the SEA
the basis of the noncompliance by the LEA
with the applicable private school provisions
in this part; and
Compliance
§300.136
2) The LEA must forward the appropriate documentation to the SEA.
3) If the private school official is dissatisfied with the
decision of the SEA,
(i) the official may submit a complaint to the
Secretary by providing the information on
noncompliance described in paragraph (b)
(1) of this section; and
(ii) the SEA must forward the appropriate
documentation to the Secretary.
Consultation, Affirmation, Compliance
Questions? Input?
Equitable Services Determined
§300.137
(a) No individual right to special education and related
services
(b) Decisions about the services to be
provided must 1) be made in accordance
with paragraph (c) of this section and
2) the LEA must make the final decision
(c) Services Plan must be
developed
Services Plan
1) LEA must initiate and conduct meetings to develop, review, and
revise a services plan for the child.
2) LEA must ensure that a representative from the private, religious,
or home school attends or otherwise provides input, including
individual or conference telephone calls.
Due process rights for parents do not apply
to services plans.
State complaint procedures exist to
resolve issues.
Equitable Services Provided
§300.138
a) General
1) Service delivery personnel must
meet same standards except teachers do
not have to meet highly qualified special
education teacher requirements
2) Amount of services may differ
b) Services to be Provided in Accordance
with Services Plan
c) Provision of Equitable Services
1) The provision of services must be provided by
employees of the LEA or through contract by the LEA
2) Services and materials provided by the LEA must
be secular, neutral, and non-ideological
Location of Services
§300.139
a) Services on private school
premises may be provided,
to the extent consistent with
law.
LEAs are encouraged to
serve students on site at
their school when possible
Transportation
§300.139
b)(1) General
i) When services are not on the
private school site, transportation
must be provided if necessary for
the child to benefit from or
participate in the services
provided under IDEA.
ii) LEAs are not required to transport
children from home to the
private school.
(2) Cost of Transportation
The cost of transportation
may be included in the total
proportionate share of
federal IDEA funds
Services/Services Plan
Questions? Input?
Due Process and State Complaints
§300.140
a)
Due Process not applicable, except for Child
Find
b) Child Find Complaints are to be filed in the
LEA in which the private school is located:
1) Procedures in §§300.504 – 300.519 apply to
complaints that an LEA has failed to meet the
Child Find requirements
2) Due Process complaints regarding Child
Find are to be filed in the LEA in which the
private school is located and a copy
forwarded to the SEA
Due Process and State Complaints
§300.140
c) State Complaints
1) Any complaint that a SEA or LEA has
failed to meet the requirements in
areas other than Child Find must be
filed in accordance with procedures
found in §300.151 - 300.153
2) A complaint filed by a private school
official under §300.136 must be filed
with the SEA in accordance with the
procedures in §300.136 (b)
Other Requirements
§300.141 Requirement that funds
not benefit a private school
§300.142 Use of public and private
school personnel
§300.143 Separate classes prohibited
§300.144 Property, equipment, and
supplies
Complaints Process, Other Requirements
Questions? Input?
HISD Procedures
 All private schools must certify their
facility meets the state and federal
definition of a private school or home
school by completing and returning the
2011 – 2012 Affirmation Form to the
district
 Private schools, except for home schools,
must also certify their nonprofit status on
the Affirmation Form
HISD Procedures
 Children 3 or 4 years old as of September
1 of the school year may dually enroll OR
decline dual enrollment
 If parents decline dual enrollment they
may request private school services from
the proportionate share if the preschool
facility their child attends is located within
the boundaries of HISD and meets the
definition of a private school
 Procedures to request services will be
identical to the procedures for elementary
and secondary private school students
Forms and Deadlines
Special Education
Services Procedures
Affirmation
Form
Individual Child Needs Child Count Form
Form
Must be
For Consideration at
submitted
Services
before a child Determination Meeting
may be
By:
considered
March 11, 2011
for services
Then Ongoing
For Count to
Determine
Proportionate
Share on:
October 28,
2011
Child Find
Procedures
Referral
for Evaluation
ONGOING
For More Information
about Services to Children with Disabilities in
Private, Religious, Home Schools:
HISD Office of Special Education Services
Special Education Compliance
Ardalia Idlebird, Director
Private, Religious, Home School Contact:
Kay Jackson, Manager, Accountability & Compliance
713-556-7071
e-mail: cjackso2@houstonisd.org
For More Information
about Child Find, Referral, Evaluation:
HISD Child Study Department
Dr. Michael Webb, Senior Manager
Evaluation Specialists:
Suzanne Chamberlain
Jean Treider
812 West 18th Street
Houston, Texas 77008
713-293-1000
For More Information:
Federal/State Compliance
http://www.ed.gov/index.jhtml
http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalArea,5,
http://www.tea.state.tx.us/
http://ritter.tea.state.tx.us/special.ed/private/
http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89.1096