Individuals with Disabilities Education Act
IDEA 2004
Entitlement Under Equitable Participation (EP)
Students Voluntarily Enrolled in Private Schools
Resource Guide
October 2014
Is your child having difficulty in school?
Has your child been identified as needing special education services?
If you believe that your child may be in need of special education services, an
evaluation process to access your child’s needs is available to you at no cost
through the school district in which you live. Special education services often
involve adapting materials and modifying instruction to better meet your child’s
specific learning/behavior needs.
If you request an evaluation, a team of experts trained in assessing children will
determine if your child has a disability and, if so, is in need of special education
and related services.
You are an important member of your child’s evaluation team.
Before the school district proceeds with an evaluation, it will notify you in writing
(Permission to Evaluate) of the specific types of tests and procedures it plans to
use, and of your rights throughout this process.
The evaluation cannot be scheduled until you sign the written notice, indicating
that you consent to the proposed testing and assessments, and return the notice
to the school. Only a parent, guardian, or surrogate can grant permission to
evaluate a student.
If, after the evaluation, your child is found to have a disability and to need special
education and related services, the public school will offer to write an
Individualized Education Program (IEP).
An IEP is a written document that specifically describes the special education
services your child needs. The services in the IEP will be offered to your child in a
public school placement. This offer is referred to as Free Appropriate Public
Education (FAPE).
If you wish to accept this offer, you will have to enroll your child in the public
school.
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It may also be possible to dual enroll your child so that your
child attends the nonpublic school for part of the day and the public school for
part of the day.
If you choose to have your child remain in the nonpublic school, you have the
right to decline the developed IEP and request consultation services through
Equitable Participation (E.P.).
Please see pages for the currently available E.P. services for eligible NEIU 19
nonpublic school students.
If your child has already been evaluated and offered services in an IEP, and you
chose not to accept the services, communicate this to your child’s principal.
Again, your child may still be eligible for certain services.
If you are interested in finding out more about the special education process,
please speak with your child’s principal. For additional information, feel free to
contact the school district in which you live, as listed on this brochure.
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The Multidisciplinary Evaluation (MDE)
The purpose of the MDE is to determine if the student is:
• Eligible for Special Education by meeting one of the thirteen disability categories
and needing specially designed instruction; or
• Not eligible for special education.
The 13 Special Education Categories
(see page 4-7 for expanded descriptions)
• Autism • Orthopedic impairment
• Deaf-Blindness • Other health impairment
• Deafness • Specific learning disability
• Emotional disturbance • Speech or language impairment
• Hearing impairment • Traumatic brain injury
• Mental retardation • Visual impairment including blindness
• Multiple disabilities
The Multidisciplinary Team
The evaluation is completed by a Multidisciplinary Team (MDT) minimally
consisting of:
• A certified school psychologist
• The parent(s)
• The child’s regular teacher (at the nonpublic school)
• A representative of the public agency who:
a) is qualified to provide, or supervise the provision of specially designed
instruction to meet the unique needs of children with disabilities
b) is knowledgeable about the general curriculum
c) is knowledgeable about the availability of resources of the public agency
• An individual who can interpret the instructional implications of evaluation
results
• Other qualified professionals, as appropriate
• There is a thirty day timeline between the Multidisciplinary Team meeting and
IEP meeting unless the parent waives this timeline in writing.
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The Individual Education Plan (IEP) Team
The required IEP team members are:
• The parent
• LEA
• Regular education teacher (required)
• School psychologist or related services (optional)
• Other qualified professionals as appropriate
Evaluation Timelines
The public agency has 60 calendar days to:
• complete the evaluation
• write the report
• provide the report to the parents
Private Schools Served
Any elementary or secondary private school student whose home (resident)
school district is within the 20 member districts that comprise the NEIU 19 in the
following counties: Lackawanna, Wayne, Wyoming and Susquehanna is eligible
for an evaluation provided by the public school district of residence.
Special Education Disabilities
Autism
Means a developmental disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident before age 3, that
adversely affects a child’s educational performance. Other characteristics often
associated with autism are engagement in repetitive activities and stereotyped
movements, resistance to environmental change or change in daily routines, and
unusual responses to sensory experiences. The term does not apply if a child’s
educational performance is adversely affected primarily because the child has an
emotional disturbance as defined below. A child who manifests the characteristics
of “autism” after age 3 could be diagnosed as having “autism” if the criteria
mentioned above are satisfied.
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Deaf-Blindness
Means concomitant hearing and visual impairments, the combination of which
causes such severe communication and other developmental and educational
needs that they cannot be accommodated in special education programs solely
for children with deafness or children with blindness.
Deafness
Means a hearing impairment that is so severe that the child is impaired in
processing linguistic information through hearing, with or without amplification,
that adversely affects a child’s educational performance
.
Emotional Disturbance
The term means a condition exhibiting one or more of the following
characteristics over a long period of time and to a marked degree that adversely
affects a child’s educational performance: an inability to learn which cannot be
explained by intellectual, sensory or health factors; an inability to build or
maintain satisfactory interpersonal relationships with peers and teachers;
inappropriate types of behavior or feelings under normal circumstances; a general
pervasive mood of unhappiness or depression; a tendency to develop physical
symptoms or fears associated with personal or school problems. The term
includes schizophrenia. The term does not apply to students who are socially
maladjusted, unless it is determined that they have an emotional disturbance.
Hearing Impairment
Means an impairment in hearing, whether permanent or fluctuating, that
adversely affects a child’s educational performance, but that is not included under
deafness in this section.
Mental Retardation
Means significantly sub average intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested during the developmental period
that adversely affects a child’s educational performance.
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Multiple Disabilities
Means concomitant impairments, such as mental retardation-blindness, mental
Retardation-orthopedic impairment, etc., the combination of which causes such
severe educational needs that they cannot be accommodated in special education
programs solely for one of the impairments. The term does not include deafblindness.
Orthopedic Impairment
Means a severe orthopedic impairment that adversely affects a child’s
educational performance. The term includes impairments caused by a congenital
anomaly (e.g., club foot, absence of some member, etc.) impairments caused by
some disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from
other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause
contractures).
Other Health Impairment
Means limited strength, vitality or alertness, including a heightened alertness to
environmental stimuli, that results in limited alertness with respect to the
educational environment that — (i) is due to chronic or acute health problems,
such as asthma, attention deficit disorder or attention deficit hyperactivity
disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning,
leukemia nephritis, rheumatic fever, and sickle cell anemia; and (ii) adversely
affects a child’s educational performance.
Specific Learning Disability
The term means a disorder in one or more of the basic psychological processes
involved in understanding or using language, spoken or written, that may
manifest itself in an imperfect ability to listen, speak, think, read, write, or to do
mathematical calculations, including conditions such as perceptual disabilities,
brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
Disorders not included are learning problems that are primarily the result of
visual, hearing, or motor disabilities, of mental retardation, of emotional
disturbance, or of environmental, cultural, or economic disadvantage.
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Speech and Language Impairment
Means a communication disorder, such as stuttering, impaired articulation, a
language impairment, or voice impairment, that adversely affects a child’s
educational performance.
Traumatic Brain Injury
Means an acquired injury to the brain, caused by an external physical force,
resulting in total or partial functional disability or psychosocial impairment, or
both, that adversely affects a child’s educational performance. The term applies
to open or closed head injuries resulting in impairments in one or more areas,
such as cognition; language; memory; attention; reasoning; abstract thinking;
judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial
behavior; physical functions; information processing and speech. The term does
not apply to brain injuries that are congenital or degenerative, or to brain injuries
induced by birth trauma.
Visual Impairment Including Blindness
Means impairment in vision that, even with correction, adversely affects a child’s
educational performance. The term includes both partial sight and blindness.
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IDENTIFY - ELIGIBLE FOR SPECIAL EDUCATION
Once the Evaluation Team (the parent is part of this team) has determined the child to be
eligible and in need of special education services, the parent then has 3 choices. The choices are:
1. Public School - Full Time Enrollment - Free Appropriate Public Education (FAPE)
a. School District writes an Individual Education Plan. (IEP)
b. School District provides parent(s) with Notice of Recommended Educational
Placement. (NOREP)
2. Public School - Dual Enrollment- A PA. Specific Option
a. After an evaluation, an offer of FAPE, and declining the FAPE offer in the public
school a parent may request specific services under Dual Enrollment. The school
district must respond to the request for dual enrollment but this does not
constitute an "IEP" or offer of Special Education services. A district is not
obligated to write an IEP for dual enrollment.
b. A district must offer dual enrollment if requested with two exceptions; 1) the
dual enrollment would require the district to displace a regular education
student or, 2) the cost would be so prohibitive as to make the offer impossible.
Transportation is not a requirement for dual enrollment.
c. It is also possible the district would dually enroll the child in the school district
with an IEP. In these cases since the district is offering an IEP and FAPE (even
through not required) if the IEP included transportation as a related service it
would be required. School District will issue a Notice of Recommended
Educational Placement (NOREP) to parent(s) in this option.
3. Private School - If parent refuses Free Appropriate Public Education (FAPE) then student
remains in the Private School.
a. Parent should indicate in writing their refusal of FAPE and declining an IEP.
b. A Notice of Recommended Educational Placement (NOREP) will be issued
indicating that the student is eligible but the parents are declining FAPE to
remain in the Private School.
c. If a parent chooses equitable participation they need to contact the principal, a
referral will be initiated to the NEIU 19. If the direct or related services your child
needs are part of the consultation agreement then a service plan will be
developed and implemented. Development of this plan and implementation of
the services is the responsibility of the NEIU 19 and the private school where the
student attends.
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SPECIAL EDUCATION
PROGRAM/SERVICE PLAN
Chapter 14
Option 1
Chapter 14
Option 2
Full Time Enrollment in
Public School
Dual Enrollment in
Public School/Private
School
FAPE
Not FAPE
 Full Time
Enrollment in Public
School
 An Individualized
Education Plan (IEP) will
be written
 A Notice of
Recommended
Educational Placement
(NOREP) will be provided
by the district.
 A Free and
Appropriate Public
Education (FAPE) is
offered and accepted.
Full Special Education
Funding
 Part Time
Enrollment in Public
School
 A dual enrollment
Service Plan may be
written by the district
(optional)
 A Notice of
Recommended
Educational Placement
(NOREP) will be provided
by the district.
***District writes an IEP
only when FAPE is
offered under dual
enrollment, related
services such as
transportation are then
district responsibility***
Full Special Education
Funding for IEP portion
IDEA 04
Option 3
Provide Equitable
Participation (E.P.)
Services at Private
School
Not FAPE
 Referral will start
with building
administrator and the
FAPE
on-line referral process.
 NEIU 19 will
develop EP Service plan,
will include the services
agreed upon by the
Private Schools
 No NOREP
(Notice of Recommended
Educational Placement)
 No IEP
A percentage of IDEA
Funds Based on
Proportionate Share until
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Expended
Services Provided in the Nonpublic School
IDEA 2004 Equitable Participation (E.P) Services
NEIU 19 and nonpublic school representatives consulting together make annual
decisions regarding the E.P. services to be provided within the funding allocation.
The following services are available under IDEA for students with disabilities:
1. Hearing
2. Vision
3. Speech
• E.P. is not an individual entitlement to Free and Appropriate Public Education
(FAPE). Students with disabilities enrolled by their parents in nonpublic schools do
not have an individual right to receive the services they would have received in
public schools.
• If E.P. funds are exhausted before the end of the school year, no additional
services are required to be provided. However, IDEA 2004 does not prohibit state
or local districts from providing more services than required.
• Due Process Hearing procedures do not apply. Parents have the right to file a
complaint with the State Bureau of Special Education consult line 1-800-879-2301
or file an appeal with the Federal Office of Special Education Programs.
• Equitable Participation regulations for a student with a disability voluntarily
enrolled by their parents in nonpublic schools can be found in 34 CFR§300.450–
300.462 of IDEA 2004.
Even if your child does not qualify for services, the following may be available to
your child through Regular Education Supportive Services in the nonpublic
school:
NEIU 19 services provided included but not limited to are:
• Act 89 (State Guidelines)
Remedial Reading /Math*Elementary/High School Counseling*Dibels Testing*
Data Teams
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Abington Heights School District
Blue Ridge School District
Dr. Fran Rassouli, LEA
200 E. Grove St.
Clarks Summit, Pa. 18411
570.586.8278
rassoulif@ahsd.org
Mrs. Barbara McCain, LEA
5058 School Road
New Milford, PA
Carbondale Area School District
Dunmore School District
570) 465-3141
mccainb@brsd.org
Ms. Angela Geyer, LEA
101 Bbrooklyn Street
Carbondale Pa 18407
(570) 282-5656
Angela.Geyer@ca.k12.pa.us
Ms. Frances Loughney, LEA
Quincy Ave & Warren St
Dunmore, Pa 18512
(570) 207-9590
loughneyf@dunmoreschooldistrict.net
Elk Lake School District
Forest City Regional School District
Ms. Pam Staats, LEA
PO Box 100
Dimock, Pa 18816
(570) 278-1106
pamela.staats@elklakeschool.org
Ms. Donna Potis, LEA
100 Susquehanna Street
Forest City, Pa 18421
(570) 785-2444
dpotis@fcrsd.org
Lakeland School District
Lackawanna Trail School District
Ms. Gena Grum Bensinger, LEA
1355 Lakeland Drive
Jermyn, Pa 18433
(570) 254-9485
gbensinger@lakelandsd.org
Ms. Stephenie Russell, LEA
PO Box 85
Factoryville, Pa 18419-0085
(570) 945-5184
russells@ltsd.org
Mid Valley School District
Montrose Area School District
Ms. Debra Demming, LEA
52 Underwood Road
Throop, Pa 18512
(570) 307-2165
ddemming@mvsd.us
Ms. Kelly-Jo Riker, LEA
273 Meteor Way
Montrose, Pa 18801
(570) 278-6219
kriker@masd.info
Mountain View School District
North Pocono School District
Ms. Gail Wnorowski. LEA
11748 State Route 106
Kingsley, Pa 18826
(570) 434-2181
gwnorowski@mvsd.net
Ms. Carole Myron, LEA
701 Church Street
Moscow, Pa 18444
(570) 842-3957
cmyron@npsd.org
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Old Forge School District
Riverside School District
Ms. Vanessa Nee, LEA
300 Marion Street
Old Forge, Pa 18518
(570) 457-6721
vanessa.nee@ofsd.cc
Mr. Michael Cole, LEA
300 Davis Street
Taylor, Pa 18517
(570) 562-2121
mcole@riversidesd.com
Scranton School District
Susquehanna Community School
District
Ms. Gina Colarossi, LEA
425 North Washington Avenue
Scranton, Pa 18503
(570) 348-3492
gina.colarossi@scrsd.org
Ms. Joni Miller, LEA
3192 Turnpike Street
Susquehanna, Pa 18847
(570) 853-4921
jmiller@scschools.org
Valley View School Disrtrict
Wallenpaupack Area School District
Ms. Donna Carey, LEA
1 Columbus Drive
Archbald, Pa 18403
(570) 876-5080
dcarey@valleyviewsd.org
Ms. Gwyn Devendorf, LEA
500 Academy Street
Hawley, Pa 18428
(570) 226-4557
devendgw@wallenpaupack.org
Wayne Highlands School District
Western Wayne School District
Ms. Amanda Kerna, LEA
474 Grove St
Honesdale, Pa 18431
(570) 253-3402
kerna.amanda@waynehighlands.org
Ms. Tanya Carrelle, LEA
1970c Easton Turnpike
Lake Ariel Pa 18436
1-800-321-9973 OPTION 5
TCarrelle@westernwayne.org
Fell Charter School
Howard Gardner Mi Charter School
Ms. Mary Jo Walsh, LEA
777 Main Street
Simpson Pa 18407
(570) 282-5199
mjwalsh@fellcharter.com
1615 E Elm Street
Scranton, Pa 18505
(570) 941-4100
info@myhgsd.com
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Glossary of Special Education Terms
CHAPTER 14: The state law pertaining to the delivery of special education services
and programs. It is called a regulation or sometimes called a rule.
CHILD WITH A DISABILITY: A child evaluated as having mental retardation, a
hearing impairment including deafness, a speech or language impairment, a visual
impairment including blindness, emotional disturbance, an orthopedic
impairment, autism, traumatic brain injury, another health impairment, a specific
learning disability, deaf-blindness, or multiple disabilities, and who, as a result of
the disability, needs special education and related services.
DUE PROCESS: The procedures that parents can use to disagree with the
decisions of school district officials concerning special education. The parent is
informed of this right by written notice, which describes the options of a prehearing conference, a formal hearing, and appeals.
EVALUATION: The process used to determine if a child has a disability and if
special education is needed. The evaluation looks at how the child learns, the
kinds of instruction that would be successful and the kinds of instruction that
have been tried and have not resulted in success.
EVALUATION REPORT (ER): The report that is compiled and written by the
evaluation team (which includes parents) following an evaluation. It contains all
of the information gathered from the team members, including the results of
assessment. From the report, the evaluation team determines that student’s
eligibility and need for special education programs.
EVALUATION TEAM: A team of educators, other professional individuals, and the
child’s parents who review all formal testing of a child and all other evaluation
materials. The evaluation team must issue a written report stating if the child is a
child with a disability who needs special education and making suggestions about
the programs and services needed.
FREE APPROPRIATE PUBLIC EDUCATION (FAPE): A program of education and
related services for a child with a disability that is designed to meet the child’s
special education needs and which allows the child to make meaningful progress
in the educational setting. It is provided without charge to parents.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA 2004): The federal law
which governs the provision of special education services and the rights of
parents of a child with a disability.
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INDIVIDUAL EDUCATION PROGRAM (IEP): The plan written by the IEP team
(including parents) that specifically describes the programs and services necessary
for a free appropriate public education for the child with a disability.
MULTIDISCIPLINARY TEAM (MDT): A group of professionals and parents who
come together to provide assessment and consultation to determine whether a
child is eligible for special education by meeting one of the thirteen disability
categories and needs specially designed instruction or not eligible for special
education.
NOTICE OF RECOMMENDED EDUCATIONAL PLACEMENT (NOREP): The form
issued to parents to inform them of the placement recommended by the IEP
team.
RELATED SERVICES: Services necessary to provide specially designed instruction
to ensure the child benefits from the special education programs. Examples are
special transportation, counseling, school health services and physical therapy.
SPECIAL EDUCATION: An educational program individually designed to meet the
unique education needs for a child with a disability. A special education
professional is directly involved as either a consultant or a provider of services.
SPECIALLY DESIGNED INSTRUCTION: Adapting the content, methods or delivery
of the instruction as is appropriate based on the unique needs of the child with a
disability.
TRANSITION SERVICES: Specific planning in school that helps to prepare students
with disabilities to participate more effectively in higher education or job training,
community participation, independent living, continuing and adult education, and
employment when they leave school.
NEIU 19
1200 Line St.
Archbald, Pa. 18403
570.876.9200
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Sample Parent Letter Requesting an Evaluation
For a Student Voluntarily Enrolled in a Private School
Your Address
Your Phone Number
Date
Director of Special Education
Your Child’s Public School District of Residence
Address
Dear _____________________:
I am the parent of __________________________, whose date of birth is
_____________________.
My child currently attends ___________________________________School in
__________________________.
My child is experiencing significant learning problems in school and I am,
therefore, requesting that a complete Multidisciplinary Evaluation (MDE) be done
to determine whether my child qualifies for special education according to
Federal and State statutes (IDEA2004 and Chapter 14).
Please send me the written notice of parental consent so that the evaluation may
proceed. I understand that the MDE will be completed within 60 calendar days of
your receipt of my signed consent.
Thank you.
Sincerely,
Your Name
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DISTRICT LETTERHEAD
ER Follow-up Action Form
Name of Student: ____________________Meeting Date: ___________________
Parent Name: _______________________ School District: __________________
Address: ___________________________ Phone: _________________________
An Evaluation Report (ER) has been developed in accordance with your request for an
evaluation of your child. As your child has been found to have a disability and in need of
special education and related services, (s)he is entitled to a Free Appropriate Public
Education (FAPE) and an Individual Education Plan (IEP). Should you choose to keep your
child in the private school, you may waive the writing of an IEP and request that a
Services Plan be developed to assist the private school in meeting those needs stated in
the ER. Please consider the following options and indicate your decision.
The ER has been reviewed with me. I am interested in enrolling my child in the
public school district and would like to proceed with the writing of an IEP for my child.
The ER has been reviewed with me. I am interested in dual enrollment
and would like the district to write a dual enrollment service plan. Services will be
delivered in the public school.
The ER has been reviewed with me. I choose to continue my child’s education
in the private school. The school district has offered to make FAPE available;
however I elect to decline FAPE and the development of an IEP for my child.
I would like information about Equitable Participation Services for my child.
I do not want information on the Equitable Participation Program at this
time.
LEA Signature _______________________________Date ___________________
Parent Signature _____________________________Date ___________________
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District Letterhead
FAPE Refusal Letter
Name of Student:____________________________
Meeting Date:_______________________________
Parent Name:_______________________________
School District:______________________________
Address:___________________________________
Phone:____________________________________
I have met with the IEP Team that has developed an IEP that describes a Free
Appropriate Public Education (FAPE) for my child.
However, I am electing to decline FAPE and continue his/her present
enrollment at ___________________________ located in
_____________________________, PA.
I understand that my child has the right to return to the school district’s
program until he/she reaches the age of 21.
_____ I would like information about Equitable Participation Services for my
child.
_____ I do not want information on the Equitable Participation Program at this
time.
Parent’s Signature
Date
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NEIU19
Northeastern Educational Intermediate Unit
Service Plan for Equitable Participation
1200 Line Street
Archbald, PA 18403-1918
(570) 876-9200
Fax (570) 876-8662
Clarence R. Lamanna, Ed.D.
Executive Director
Mary Ann Cartegna
Director of Special Education
Student Name: Click here to enter text. Date of Birth: Click here to enter text. Sex: Click here
to enter text.
Student Address: Click here to enter text.
Parent/Guardian:Click here to enter text. District of Residence: Click here to enter text.
Parent Address (if different): Click here to enter text.
Home Phone: Click here to enter text. Work Phone: Click here to enter text.
Private School: Click here to enter text. Grade: Click here to enter text. Teacher: Click here to
enter text.
Date of Meeting: Click here to enter text. Type of Meeting: ☐Initial ☐Annual Review ☐
Revision
PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL
PERFORMANCE:
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SERVICE PROVIDED: __ ______________________
RECOMMENDED SPECIAL EDUCATION SERVICES:
SERVICES
LOCATION
FREQUENCY
PROJECTED
PROJECTED
START DATE
END DATE
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MODIFICATIONS AND SPECIALLY DESIGNED INSTRUCTION (for classroom and
assessments)
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MODIFICATIONS/SD
LOCATION
FREQUENCY
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MEASURABLE ANNUAL GOALS (for direct service only)
ANNUAL GOAL: Click here to enter text.
PROGRESS REPORT: Click here to enter
text.
ANNUAL GOAL: Click here to enter text.
PROGRESS REPORT: Click here to enter
text.
PARTICIPANTS______________ NAME ________
SIGNATURE
PARENT
___________________________________________________________
PARENT
____________________________________________________________
ADMINISTRATOR ____________________________________________________________
TEACHER
____________________________________________________________
NEIU STAFF
____________________________________________________________
NEIU STAFF
____________________________________________________________
OTHER
____________________________________________________________
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