Frequently Asked Questions
FAQ Sheet # 21
Question: Do we provide special education services to students attending nonpublic
schools and home schooled students?
Answer: Yes. “Nonpublic school” means, any private school, church or religious
organization, including students being educated through home schooling, wherein a
resident of MN may legally fulfill the compulsory instruction requirements (Minn. Stat
120A.22).

Due Process Rights for parentally placed private school students with
disabilities: Parentally place nonpublic school students do not receive the same
due process rights and procedures as public school students.
Question: Who is responsible for completing an evaluation and reevaluation for students
attending a nonpublic school?
Answer: The district where the private school is located is responsible for special
education evaluations and reevaluations. The public school nearest to the private school
should be contacted to begin this process. Parents of homeschooled student should
contact their attendance area school regarding evaluation(s).
Question: Is there a difference between an Individual Service Plan (ISP) and an
Individual Educational Plan (IEP)?

Developing, reviewing, and revising an Individual Service Plan (ISP):
An Individual Service Plan (ISP) must be developed for children attending
nonpublic schools who qualify for special education. If the student later enrolls
back into the public school, an Individual Education Planning meeting would be
scheduled and an appropriate IEP would be proposed.

Service plans must be developed, reviewed, and revised consistent with
procedures used when developing an IEP. The public school must ensure that a
representative from the private school attend each meeting. If they cannot attend
other methods such as individual or phone conferences are encouraged (see FAQ
3c on parent participation).

Goals and Objectives: Goals and objectives should be developed only for the
areas of special education services that are being delivered by the public school
provider (i.e. student who has a learning disability in the area of reading, would
receive specialized instruction from the public school in the area of reading).
August 2011
Goals and objectives are not developed for instruction delivered by non public
school providers (including parent for home schooled children).

Accommodations/Modifications: Accommodations and modifications are the
responsibility of the staff providing the service. The ISP should only reflect
accommodations and modifications that district service providers would deliver
when the student is receiving service at the public school setting.
Question: Is the delivery of special education services for nonpublic students equivalent
to service delivery to students attending public school?
Answer: Services that are provided must be comparable in quality but not quantity.

Public schools may provide private school students with disabilities fewer
services but must be delivered by licensed staff meeting the same standards as
providing service in the public schools.

Location and scheduling of services: The public school has the right to
determine where and when services will be provided. Services are typically
provided at the public school aligned by grade level that is located nearest the
private school and in accordance with the public school calendar and student
hours.

Related Services: Related services are defined as those necessary for a student to
benefit from their special education services.
Related services, such as Occupational Therapy, Physical Therapy, and
assistance from an autism resource specialist, are often provided through
indirect consultation with the case manager and/or the non public school
teacher (goals are not written for consultation). The district is responsible for
transportation if needed. If the public and private schools are within walking
distance, a para may be assigned to walk the students safely to and from the
public school.
August 2011