MMSD – Department of Educational Services
September 2007
TO:
Special Education Teachers, Student Services Staff, and Building Principals
FROM:
Jack Jorgensen, Executive Director, Department of Educational Services
Guidelines and Procedures for the Provision of Services to
Parentally-Placed Private School Students with Disabilities
The purpose of this communication is to describe the guidelines and the procedures for providing services to
students who have been placed by their parents in a private or parochial (PP) school within the Madison
Metropolitan School district’s geographic boundary as aligned with the newly reauthorized IDEA 2004 guidelines.
The development of these guidelines and procedures was based on a review of current MMSD practices as well as
requirements from the Wisconsin Department of Public Instruction (DPI).
Information contained in this memo is broken down into the following broad areas:
 Background
 Child find
 IEP referral, evaluation and programming
 Placement
 Questions and Answers
Background
With the enactment of IDEA 2004 the MMSD has the responsibility for implementing the IDEA requirements for
parentally placed private school students with disabilities who attend state recognized private or parochial (PP)
(elementary & secondary) schools within the MMSD boundary, regardless of their district of residency.
Wisconsin defines elementary grades to include four- and five-year old kindergarten. Therefore, the IDEA
requirements for parentally placed PP students with disabilities apply to students in grades K4 and K5. These
include child find, including evaluation, and equitable participation services.
For three-year-old children, the responsibility for child find, including evaluation, remains with the school district
where they reside. Three-year-old children continue to have individual entitlements to a free and appropriate public
education (FAPE) from their school districts of residence.
Child find
The MMSD must conduct child find/activities to locate, identify, and evaluate all children with disabilities aged 3
through 21 within its jurisdiction, including those who have been placed by their parents in PP schools. These child
find activities must be comparable to the child find activities used for students who attend public school.
Parents and PP Schools access the MMSD child find services by calling 663-8471, or submitting a written request
for screening or evaluation. Upon receipt of a written request as well as necessary MMSD enrollment/registration
forms the student will be scheduled for a screening or an IEP referral for evaluation will be created.
Implementation Memo #27 – September 2007
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Screening
It continues to be best practice that students be screened as a preliminary step to an actual IEP referral for
evaluation. This practice provides interventions to staff/parents prior to involving the student in
unnecessary IEP evaluation procedures and consequently time away from their educational experiences.
Screenings are completed by MMSD staff, assigned through Educational Services.
Upon the completion of the screening, a screening report is distributed to the student’s parent, the PP
school and to Educational Services. This report may indicate that an IEP referral for evaluation be
initiated.
IEP referral, evaluation & Programming
The IEP referral, evaluation, and programming paperwork are completed utilizing the e-IDEA system that is in
place for students who attend MMSD public schools.
The following areas are of unique concern for students attending PP schools.
1. Parent consent
Records
Parent(s) must provide written consent in order for any personally identifiable information about their child to
be released between the school district where the PP school is located (MMSD) and the school district of the
student’s residence. This consent would be obtained via the Permission to Obtain or Release
Records/Information which is available on the MMSD districtwide Special Education web site.
It is not necessary to obtain written parental consent to share information between the MMSD and the students
PP school.
Administration of additional evaluation procedures
If the parent refuses to consent to the administration of tests or other evaluation materials as part of an
evaluation (initial or re-evaluation) the MMSD may not use the due process procedures that are in place for
students who attend public schools. If the parent refuses consent for testing, the MMSD is not required to
consider the child for special education services.
2. Parent intent
After an evaluation (initial or re-evaluation) of a PP student, or at a Services Plan (SP) meeting, the MMSD
must explain to the parents the following;
 the equitable participation SP services that are available if the student remains in the PP school, and
 that the student’s school district of residence (MMSD/other) would be responsible to provide the
student with a (FAPE) IEP if the student leaves the PP school and enrolls in public school. The parent
needs to be informed regarding the possible array of (FAPE) IEP services their child would access if
they attended a public school.
Parents may take one of the following three actions.
Scenario 1:
MMSD Action:
Parent indicates their intent of denying all special education services to their child.
The MMSD (IEP chairperson) documents parent’s decision/request on the Parent Refusal
of Consent for Special Education form, obtains the parent signature, and submits this
signature request form to our records office. This form is part of the eIDEA system.
Scenario 2:
Parent indicates that they are only interested in MMSD developing a MMSD Services Plan
(SP) for their child.
MMSD (IEP Chairperson) documents
 parent decision within the students Present Level of Academic Achievement and
Functional Performance (PLAAFP),
 develops an MMSD SP
MMSD Action:
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Scenario 3:
MMSD Action:
Parent indicates that they are interested in MMSD developing both a SP and (FAPE) IEP
for their child.
MMSD (IEP Chairperson)
 documents parent decision within the students Present Level of Academic
Achievement and Functional Performance (PLAAFP),
 documents the MMSD commitment to re contact parent in April to reconfirm with
parent their intention to enroll their child in public school.
 Develops an MMSD SP and placement for one calendar year
 If parents intention remains (student will be enrolled in public school), by April, the
current case manager will develop a (FAPE) IEP in cooperation with the receiving
school administration and staff.
3. Array of services
Parents of PP students need to remain informed as to the possible differences in programming their child may
access based on whether their child attends a PP or public school. If the eligible PP student requires services
(special education as well as necessary related services) these services, may be more limited than the services
their child may receive if they attended a public school. The services available to a student enrolled in a PP
school are limited by the equitable participation provisions within IDEA. PP school students have an equitable
participation array of services as documented within their individual Services Plan (SP) as opposed to the
FAPE, IEP services, which would be available if the student attended public school.
The MMSD utilizes guidelines provided by the DPI to determine its financial commitment to the group of PP
students with disabilities. The array of services provided to this group is then determined by the MMSD after
consultation with PP representatives and parents of students with disabilities.
4. Re-evaluation
The MMSD must initiate a reevaluation of a PP school student at least once every three years. This
requirement is in place regardless of whether our not the student has an equitable participation SP. If the
parents decline or refuse to cooperate, the MMSD is not required to take further action.
This initiation (request) to the parent(s) only occurs prior to the first three year anniversary date, and not at
subsequent anniversaries.
5. Retention of Records
The MMSD is required to destroy special education records within one year after graduation/cessation of
enrollment, unless the parent indicates otherwise.
PP parent(s) should be sent cover memo and Retention/Destruction of Special Education Records form, which
is available on the MMSD Special Education web site.
Programming
Students with disabilities enrolled in PP schools by their parents have no individual entitlement to receive some or
all of the special education and related services they would receive if enrolled in public school other than child find,
which includes evaluations.
The MMSD must provide for the “equitable participation” of parentally placed PP school students with disabilities
as a group. The MMSD is required to annually spend a proportionate share of the IDEA funds; it receives on the
special education and related service for PP students with disabilities as a group.
The services (type, level, location, etc) that will be available to this group of PP students are determined annually
by the MMSD after consultation with PP school and parent representatives.
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Each PP school student designated by the school district to receive special education or related services must have
an equitable participation SP in place prior to the provision of services.
The equitable participation SP describes the specific special education and/or related services the student will
receive from the school district given the individual needs of the student within the MMSD equitable participation
array of services.
The MMSD must follow the requirements for IEPs when developing, reviewing, and revising a SP. These include
requirements for the IEP team membership; parent participation, including notification of the meeting; when an IEP
must be in effect; and development, review, and revision of an IEP.
Required members of an equitable participation SP team include the parent, the Local Education Representative
(LEA), the special education evaluator, and the student’s general education teacher. Other members may be added
to this team, based on the individual students needs within the determined equitable participation array of services.
The elements in each student's services plan may vary depending on the services to be provided.
Services plans will include;
1. Present Level of Academic Achievement and Functional Performance
2. Annual Goals that must be measurable and observable; include a statement of how the student's progress toward the goal
will be measured; and when periodic reports on progress toward meeting the annual goals will be provided.
3. Summary, including statements of the specially designed instruction, related services, supplementary aids and services
and/or program modifications and supports, including the amount, frequency, location and duration of these services. This
summary should also include the projected beginning and ending date of the services.
Other IEP elements may be included, depending on the array of equitable participation services the MMSD will
provide students who have been placed by their parents in PP schools.
The array of equitable participation services that are available and may be included in a MMSD SP can be found on
the MMSD Special Education web site.
Placement
Parental consent for SP services is required prior to the initiation of services. This would include students who may
have a prior IDEA/IEP history.
The decision about where the SP services will be provided is left to the MMSD, in consultation with private school
representatives and parents of PP students with disabilities.
The array of equitable participation SP placements that are available can be found on the MMSD Special Education
web site.
Questions and Answers
1. How does the SP Chairperson obtain names of MMSD staff for annual IEP teams? This would include
general education teacher as well as possible CC teacher?
The SP Chairperson contacts the MMSD resident building principal who has the responsibility of assigning and
informing staff of their assignment to IEP teams.
2. How does the SP chairperson obtain names of MMSD staff that may be necessary for IEP reevaluations?
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The SP Chairperson completes and submits to Educational Service the Central Office Request for IEP team
membership form, which is available on the MMSD Special Education web site.
3. Do PP parents have the rights of mediation or due process?
A parent of a parentally placed private school student may request mediation or initiate a due process hearing
with the DPI only about requirements related to consent and evaluation, including the student’s eligibility
determination. A parent may not request mediation or a due process hearing about the provision of the services
in the student’s SP, because there is no individual right to them under the law.
4. Do the IDEA requirements for parentally placed school students with disabilities apply to children in
home-based private educational programs (home schooling) or virtual schools?
No. These provisions apply only to children attending private elementary and secondary schools. A home
based private educational program is not a private school. Virtual schools fall within open enrollment
procedures.
5. How does the MMSD address the special education service needs for a PP student who transfers between
public and PP schools?
If the student transfers to MMSD public school:
 Obtain student records
 Review records
 Develop annual FAPE IEP
 Follow MMSD procedures as they relate to re evaluations.
If the student transfers from MMSD public school to MMSD PP school:
 The PP school administration or parent contacts the MMSD child find by calling 663-8471.
6. Can a PP parent refuse equitable participation SP services once the student has been evaluated and
determined to be eligible?
Yes, this parent decision would be documented on Notice of Response to Activity Requested by Parent form
which is available on the MMSD Special Education web site.
7. Is it MMSD best practice to have PP parent provide consent for initial SP placement, even if parent has
provided consent for past IDEA IEP Placements?
Yes, MMSD best practice is that parent provide consent for initial SP placements.
For additional information or clarification regarding these guidelines and procedures contact Curt Weber,
Educational Services Coordinator.
cc:
Special Education Coordinators
ESL and Bilingual Education Coordinator
Title Coordinator
Assistant Superintendents
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