N
U
M
B
E
R
A Special Education Guideline
For Special Education Services for
Non-Public School Students
17
TO:
Principals, SAT Members, Unique Learners Professional
Staff
FROM:
Chris McHugh and Kim Gibbons
DATE:
August 20, 2003
This guideline applies to those students residing within the school district’s boundaries
yet attend a non-public school within the district (note; in cases where a student attends
a non-public school outside their district of residence, contact the Director of Special
Education or the Unique Learners Manager). Non-public school students typically
attend home school or private school settings. This guideline discusses the areas of
Referral and Identification, Provision of Special Education Services, and Transportation
and cites relevant legal references.
There are a growing number of parents teaching their children at home. During the
1987-88 school year, there were 2,322 students being home schooled in Minnesota.
During the 1997-98 school year, that number rose to 13,081. During the 1997-98 school
year, there were 844,410 students enrolled in Minnesota public schools and another
84,095 enrolled in non-public schools other than home schools. (From Minnesota
Department of Children, Families and Learning Publication: Home Schooling in
Minnesota)
Home schools are considered to be private or non-public schools; therefore, procedures
dealing with special education issues with children in private or non-public schools will
also be applied to home school students.
State and Federal laws are clear that all children with disabilities have available to them a
free appropriate public education (FAPE) that includes special education and related
services to meet their unique needs. Public school districts are responsible for the
identification of pupils with disabilities and providing special education and related
services to eligible students who reside in the district and attend a non-public school.
Sp. Ed. G. #17
Page 1
Legal References: Free Appropriate Public Education (FAPE)
The purpose of the Code of Federal Regulations, title 34, part 300, is to:
a) ensure that all children with disabilities have available to them a free appropriate
public education that emphasizes special education and related services designed
to meet their unique needs and prepare them for employment and independent
living,
b) ensure that the rights of children with disabilities and their parents are protected,
c) assist States, localities, educational service agencies, and Federal agencies to
provide for the education of all children with disabilities; and
d) assess and ensure the effectiveness of efforts to education children with
disabilities.
34 CFR 104.33 (a)
A recipient that operates a public elementary or secondary education program shall
provide a free appropriate public education to each qualified handicapped person who is
in the recipient’s jurisdiction, regardless of the severity of the person’s handicap.
MN. Statute 125A.18 Special Instruction: Non-public Schools
No resident of a district who is eligible for special instruction and services under this
section may be denied instruction and service on a shared time basis consistent with
section 126C.19, subd. 4, because of attending a non-public school defined in section
123B.41, subd.9.
Referral and Identification
The process for referral and identification of students with a disability attending a nonpublic school is the same as for those students attending a public school. Typically, the
classroom teacher or parent requests that the pupil be evaluated for special education
services. Thus, all referrals for evaluations for non-public school children must be
processed through the local building’s Student Support Team (SST). All due process
procedures, forms, including planning meetings, must be followed.
Normally, home school and private school providers are not as familiar with special
education procedures as that of public school providers. It is, therefore, suggested that a
“referral” meeting be scheduled with all involved parties to discuss special education
processes including pre-referral intervention requirements.
Team membership requirements indicate that the regular education teacher is to be
involved with the evaluation planning and Individual Education Plan (IEP) development.
This may be the non-public school teacher. All other team membership requirements
apply as for a public school student.
Meetings and evaluations may be conducted at either the non-public school or at the
public school; however, the public school has the authority to determine where the
meetings and evaluations will be held.
In most cases, best practice indicates to evaluate the pupil in their “regular” environment
especially when conducting classroom observations.
Sp. Ed. G. #17
Page 2
Legal References
MN. Rule 3525.0750 Identification of Pupils with Disabilities
School districts shall develop systems designed to identify pupils with disabilities
beginning at birth , pupils with disabilities attending public and non-public school, and
pupils with disabilities who are of school age and are not attending any school.
Provision of Special Education Services
Once a non-public school student has been identified as eligible for special education
services, an IEP must be developed that includes special education and related services to
meet their unique needs. These services may be provided at the non-public school or the
public school or a neutral site. The public school has the authority to determine the
location of these services.
Other related activities may include meeting or consulting periodically with the nonpublic school staff to review progress of the pupil in their special education program and
periodically observing the pupil in the non-public school classroom to evaluate special
education services. All these issues should be discussed and included as part of the
student’s IEP.
Any equipment or individualized instructional materials made available to the non-public
school are only to be used to implement the student’s IEP.
As a note to special education service providers, be sure to include the non-public school
special education student in the special education child count data and the SCRED data
base.
Legal References
MN. Statute 123B.41 Neutral Site
“Neutral site” means a public center, a non-sectarian school, a mobile unit located off the
non-public school premises which is neither physically nor educationally identified with
the functions of the non-public school.
MN. Statute 126C.19 Subd. 4. Location of services
a) Public school programs that provide instruction in core curriculum may be
provided to shared time pupils only at a public school building. Public school
programs, excluding programs that provide instruction in core curriculum, may be
provided to shared time pupils at a public school building, a neutral site, the nonpublic school, or any other suitable location.
b) For those children with a disability under sections 125A.03 to 125A.24 who
attend a non-public school at their parent’s choice, a school district may provide
special instruction and services at the non-public school building, a public school,
or at a neutral site other than a non-public school as defined in section 123.41,
subd. 13. The school district shall determine the location at which to provide
services on a student-by-student basis, consistent with federal law.
Sp. Ed. G. #17
Page 3
Transportation
The resident school district is responsible to provide the necessary transportation for a
non-public school student from the non-public school to the neutral site where special
education services are delivered on a shared-time basis. This service should be indicated
in the IEP. The IEP team may wish to investigate alternative transportation including the
parent transporting the student, the non-public school transporting the student, or the
public school district contracting with the parent or non-public school to transport the
student. (note; in cases where a student attends a non-public school outside their
district of residence, contact the Director of Special Education or the Unique
Learners Manager)
Legal References
MN. Statute 125A.18 Special Instruction; Non-public Schools
If a resident pupil with a disability attends a non-public school located within the district
of residence, the district must provide necessary transportation for that pupil within the
district between the non-public school and the educational facility where special
instruction and services are provided on a shared time basis.
Sp. Ed. G. #17
Page 4