• General
• Identification
• Evaluation
• Eligibility
• IEP
• Placement
• Discipline
• Private School
• Confidentiality
• Complaint

CHILDREN IN PRIVATE SCHOOL

Children in Private Schools

Forms: Prior Written Notice for Proposed/Refused Action – SE3 Parent Rights (Procedural Safeguards) – SE5 Individualized Education Program-SE8 Service Plan – SE15

Responsible Person: Special Education Coordinator

PROCEDURES

Children with Disabilities in Private Schools Placed or Referred by MOE This section applies only to children with disabilities who are or have been placed in or referred to a private school or facility by the MOE as a means of providing special education and related services. The MOE ensures that a child with a disability who is placed in or referred to a private school or facility by the school:

• Is provided special education and related services:

• In conformance with an IEP that meets the requirements of Sections 300.320 through 300.325; and

• At no cost to the parents;

• Is provided an education that meets the standards that apply to education provided by the MOE including the requirements of this part, except for Sec. 300.18 and Sec. 300.156(c); and

• Has all of the rights of a child with a disability who is served by the MOE. Developing IEPs

• Before the MOE places a child with a disability in, or refers a child to, a private school or facility, the MOE initiates and conducts a meeting to develop an IEP for the child.

• The MOE ensures that a representative of the private school or facility attends the meeting. If the representative cannot attend, the MOE uses other methods to ensure participation by the private school or facility, including individual or conference telephone calls.

Reviewing and revising IEPs

• After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the MOE.
• If the private school or facility initiates and conducts these meetings, the MOE ensures that the parents and an MOE representative:
• Are involved in any decision about the child's IEP; and
• Agree to any proposed changes in the IEP before those changes are implemented.

NOTE: Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the MOE.

• Once the child is placed or referred to a private school, the MOE:
• Monitors compliance through procedures such as written reports, on-site visits, and parent questionnaires;
• Disseminates copies of applicable standards to each private school and facility to which the MOE has referred or placed a child with a disability; and
• Provides an opportunity for those private schools and facilities to participate in the development and revision of Palau standards that apply to them.

Children with Disabilities Enrolled by Their Parents in Private Schools When FAPE Is at Issue Placement of children by parents when FAPE is at issue:

• If a parent feels that the proposed IEP developed by the school will not or has not been providing the child FAPE, the principal must inform the parent of his/her right to file a due process complaint and/or request for mediation. Disagreements between the parents and the MOE regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures.

IDEA does not require the MOE to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the MOE made FAPE available to the child and the parents elected to place the child in a private school or facility. However, the MOE must include that child in the population whose needs are addressed.

• While the issues are being resolved, the child shall remain in the current placement.

• Reimbursement for private school placement. If the parents of a child with a disability, who previously received special education and related services under the authority of the MOE, enroll the child in a private preschool, elementary school, or secondary school without the consent of or referral by the MOE, a court or a hearing officer may require the MOE to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the MOE had not made FAPE available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the Palau standards that apply to education provided by the MOE.

Limitation on reimbursement The cost of reimbursement described above may be reduced or denied:

• If:
• At the most recent IEP Team meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the MOE to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or
• At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the MOE of the information described in this section;
• If, prior to the parents' removal of the child from the public school, the MOE informed the parents, through the notice requirements of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or
• Upon a judicial finding of unreasonableness with respect to actions taken by the parents. Exception Notwithstanding the notice requirement of this section, the cost of reimbursement:
• Must not be reduced or denied for failure to provide the notice if:
• The school prevented the parents from providing the notice;
• The parents had not received notice of the notice requirement in this section; or
• Compliance would likely result in physical harm to the child; and
• May, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if:
• The parents are not literate or cannot write in English; or
• Compliance with this section would likely result in serious emotional harm to the child.

Children with Disabilities Enrolled by Their Parents in Private Schools Definition of parentally-placed private school children with disabilities Parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school or secondary school, other than children with disabilities placed or referred by the MOE.

Child find for parentally-placed private school children with disabilities

• The MOE must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the MOE.

• The child find process must be designed to ensure:

• The equitable participation of parentally-placed private school children; and

• An accurate count of those children.

• The child find activities must be similar to the activities conducted for the MOE’s public school children.

• The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if the MOE has met its obligation under Sec. 300.133.

• The child find process must be completed in a time period comparable to that for students attending public schools in Palau.

• Out-of-State children The MOE, in which private, including religious, elementary schools and secondary schools are located must, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a State other than in Palau in which the private schools that they attend are located.

Basic Requirement for Provision of services for parentally-placed private school children with disabilities

• To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the MOE, 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 determined in accordance with Sec. 300.137,

unless the Secretary has arranged for services to those children under the by-pass provisions in Sections 300.190 through 300.198.

• Service Plan A services plan must be developed and implemented for each private school child with a disability who has been designated by the MOE in which the private school is located to receive special education and related services under Part B of IDEA.

• Record keeping The MOE must maintain in its records the following information related to parentally- placed private school:

• The number of children evaluated;

• The number of children determined to be children with disabilities; and

• The number of children served

Expenditures

• Formula To meet the requirement of Sec. 300.132(a), the MOE must spend the following on providing special education and related services (including direct services) to parentally-placed private school children with disabilities:

• For children aged 3 through 21, an amount that is the same proportion of the MOE's total subgrant under section 611(f) of the Act as the number of private school children with disabilities aged 3 through 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 21.

• For children aged three through five, an amount that is the same proportion of the MOE's total subgrant under section 619(g) of the Act as the number of parentally- placed private school children with disabilities aged three through five who are enrolled by their parents in a private, including religious, elementary school located in the school district served by the MOE, is to the total number of children with disabilities in its jurisdiction aged three through five.

• Children aged three through five are considered to be parentally-placed 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.

• If the MOE has not expended for equitable services all of the funds described in this section by the end of the fiscal year for which Congress appropriated the funds, the MOE must obligate the remaining funds for special education and related services (including direct services) to parentally-placed private school children with disabilities during a carry-over period of one additional year.

• Calculating proportionate amount

In calculating the proportionate amount of Federal funds to be provided for parentally-placed private school children with disabilities, the MOE, after timely and meaningful consultation with representatives of private schools, must conduct a thorough and complete child find process to determine the number of parentally- placed children with disabilities attending private schools located in the MOE.

• Annual count of the number of parentally-placed private school children with disabilities
• The MOE must:
• After timely and meaningful consultation with representatives of parentally- placed private school children with disabilities, determine the number of parentally-placed private school children with disabilities attending private schools located in the MOE; and
• Ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
• The count must be used to determine the amount that the MOE must spend on providing special education and related services to parentally-placed private school children with disabilities in the next subsequent fiscal year.
• Supplement, not supplant Palau local funds may supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally-placed private school children with disabilities under Part B of IDEA.

Consultation

• The MOE 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:

• Child Find The child find process, including:

• How parentally-placed private school children suspected of having a disability can participate equitably; and

• How parents, teachers, and private school officials will be informed of the process.

• Proportionate share of funds The determination of the proportionate share of Federal funds available to serve parentally-placed private school children with disabilities under Sec. 300.133(b), including the determination of how the proportionate share of those funds was calculated.

• Consultation process The consultation process among the MOE, private school officials, and representatives of parents of parentally-placed private school children with

disabilities, including how the process will operate throughout the school year to ensure that parentally-placed children with disabilities identified through the child find process can meaningfully participate in special education and related services.

• Provision of special education and related services. How, where, and by whom special education and related services will be provided for parentally-placed private school children with disabilities, including a discussion of--

• The types of services, including direct services and alternate service delivery mechanisms; and

• How special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school children; and

• How and when those decisions will be made;

• Written explanation by MOE regarding services If the MOE disagrees with the views of the private school officials on the provision of services or the types of services (whether provided directly or through a contract), the MOE will provide to the private school officials a written explanation of the reasons why

Written affirmation When timely and meaningful consultation, has occurred, the MOE must obtain a written affirmation signed by the representatives of participating private schools.

If the representatives do not provide the affirmation within a reasonable period of time, the MOE must forward the documentation of the consultation process.

Compliance A private school official has the right to submit a complaint to the MOE:

• Did not engage in consultation that was meaningful and timely; or

• Did not give due consideration to the views of the private school official.

• If the private school official wishes to submit a complaint, the official must provide to the MOE the basis of the noncompliance with the applicable private school provisions; and

• If the private school official is dissatisfied with the decision of the MOE, the official may submit a complaint to the U.S. Secretary of Education by providing the information on noncompliance.

• The MOE must forward the appropriate documentation to the U.S. Secretary of Education.

Equitable services determined No individual right to special education and related services No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

Decisions

• Decisions about the services that will be provided to parentally-placed private school children with disabilities must be made in accordance with the consultation requirements.
• The MOE must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities. Services plan for each child served If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from the MOE, the MOE must:
• Initiate and conduct meetings to develop, review, and revise a services plan for the child; and
• Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the MOE shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

Equitable services provided

• The services provided to parentally-placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities do not have to meet the highly qualified special education teacher requirements.

• Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.

• Services provided in accordance with a services plan.

• Each parentally-placed private school child with a disability who has been designated to receive services must have a services plan that describes the specific special education and related services that the MOE will provide to the child in light of the services that the MOE has determined, through the process described in Sections 300.134 and 300.137, it will make available to parentally- placed private school children with disabilities.

• The services plan must, to the extent appropriate:

• Meet the requirements of Sec. 300.320, or for a child ages three through five, meet the requirements of Sec. 300.323(b) with respect to the services provided; and

• Be developed, reviewed, and revised consistent with Sections 300.321 through 300.324.

• Provision of equitable services.

• The provision of services pursuant to this section and Sections 300.139 through 300.143 must be provided:

• By employees of the MOE; or

• Through contract by the MOE with an individual, association, agency, organization, or other entity.

• Special education and related services provided to parentally-placed private school children with disabilities, including materials and equipment, must be secular, neutral, and nonideological.

Location of services and transportation

Services on private school premises

• Services to parentally-placed private school children with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law. Transportation
• If necessary for the child to benefit from or participate in the services provided under this part, a parentally-placed private school child with a disability must be provided transportation:
• From the child's school or the child's home to a site other than the private school; and
• From the service site to the private school, or to the child's home, depending on the timing of the services.
• The MOE is not required to provide transportation from the child's home to the private school.
• The cost of the transportation described in this section may be included in calculating whether the MOE has met the requirement of Sec. 300.133.

Due process complaints and State complaints Due process not applicable, except for child find

• Except as provided below in this section, the due process procedures do not apply to complaints that the MOE has failed to meet the requirements of Sections 300.132 through 300.139, including the provision of services indicated on the child's services plan.

• Child find complaints: to be filed with the MOE in which the private school is located.

• The State Complaint procedures apply to complaints that MOE has failed to meet the child find requirements.

• Any due process complaint regarding the child find requirements must be filed with the MOE in which the private school is located.

• State complaints.

• Any complaint that the MOE has failed to meet the requirements in Sections 300.132 through 300.135 and 300.137 through 300.144 must be filed in accordance with the procedures described in Sections 300.151 through 300.153.

• A complaint filed by a private school official under Sec. 300.136(a) must be filed with the MOE in accordance with the procedures in Sec. 300.136(b).

Requirement that funds not benefit a private school

• The MOE may not use funds provided under section 611 or 619 of the IDEA to finance the existing level of instruction in a private school or to otherwise benefit the private school.
• The MOE must use funds provided under Part B of the IDEA to meet the special education and related services needs of parentally-placed private school children with disabilities, but not for meeting:
• The needs of a private school; or
• The general needs of the students enrolled in the private school.

Use of personnel

Use of public school personnel

• The MOE may use funds available under sections 611 and 619 of the Act to make public school personnel available in other than public facilities:
• To the extent necessary to provide services under Sections 300.130 through 300.144 for parentally-placed private school children with disabilities; and
• If those services are not normally provided by the private school.

Use of private school personnel The MOE may use funds available under sections 611 and 619 of the Act to pay for the services of an employee of a private school to provide services under Sections 300.130 through 300.144 if:

• The employee performs the services outside of his or her regular hours of duty; and
• The employee performs the services under public supervision and control.

Separate classes prohibited

• The MOE may not use funds available under section 611 or 619 of the Act for classes that are organized separately on the basis of school enrollment or religion of the children if:
• The classes are at the same site; and
• The classes include children enrolled in public schools and children enrolled in private schools.

Property, equipment, and supplies

• The MOE must control and administer the funds used to provide special education and related services under Sections 300.137 through 300.139, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the Act.
• The MOE may place equipment and supplies in a private school for the period of time needed for the Part B program.
• The MOE must ensure that the equipment and supplies placed in a private school:
• Are used only for Part B purposes; and
• Can be removed from the private school without remodeling the private school facility.
• The MOE must remove equipment and supplies from a private school if:
• The equipment and supplies are no longer needed for Part B purposes; or
• Removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B purposes.
• No funds under Part B of the Act may be used for repairs, minor remodeling, or construction of private school facilities.