PRIVATE SCHOOLS PLACED BY PARENTS Section 13 TABLE OF CONTENTS

Transcription

1 PRIVATE SCHOOLS PLACED BY PARENTS Section 13 TABLE OF CONTENTS OREGON LAW AND PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION POLICIES AND PROCEDURES PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION OPERATIONS Private School Guidelines Procedures for Referral Private School Procedures for Referral Flow Chart Private and Charter Schools Chart of Staff Responsibilities Pre-Referral Summary Report for Students in Parochial and Private Schools Parochial and Private Schools Within Portland Public Schools Service Plan (Parts I, II and III) PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION RESOURCES Revised: September 2003

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3 PRIVATE SCHOOLS PLACED BY PARENT Section 13 Oregon Law and Portland Public Schools Special Education POLICIES AND PROCEDURES 13.3 Revised: September 2003

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5 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children OAR Definitions For the purposes of OAR to 0196 and to 0710, the following definitions apply: (1) "Enrolled in a public school or ECSE program" means enrolled in, attending, and, for children ages 7 to 18, not exempt from compulsory school attendance as a private school student. (2) "IDEA funds" means federal funds allocated to the public agency under the Individuals with Disabilities Education Act of June 4, (3) "Private school child with a disability" means: (a) a child who has been enrolled by their parent in a private school or facility who is: (A) a school-age child eligible for special education under OAR and who, if aged 7 to 18, is exempt from compulsory school attendance under ORS ; or (B) a child aged 3 until the age of eligibility for public school who is eligible for early childhood special education under OAR or as a child with a developmental delay under OAR (b) This term includes school-age children who are exempt from compulsory school attendance under ORS , even if a school district permits the student to attend one or more classes pursuant to a district policy permitting dual enrollment. (c) This term does not include: (A) Children three years of age until the age of eligibility for public school who can be provided a free appropriate public education in a private preschool or child care setting selected and paid for by their parents; or (B) Children who are exempt from compulsory school attendance under ORS as a home schooled student; or (C) Children who are not of compulsory school attendance age who have rejected public agency services but who are not attending a private school; or (D) Children who are placed in a private school by the public agency. (4) "Public agency" means: I. Limitation on Services A. The district is not required to pay for the cost of the education, including special education and related services, for a student with a disability(ies), if 1. The private school student had a free appropriate public education available to them; and 2. The parent chose to place the student in a private school. B. Whether or not FAPE is at issue, the district includes all students with disabilities who are parentally-placed private school students in: 1. The district s special education private school student count, and 2. The population of private school students for whom the district may provide services. II. Consultation with Representatives of Private School Students with Disabilities A. The district consults, in a timely and meaningful way, with appropriate representatives of private school students with disabilities who are and have been enrolled by their parents in private schools during all phases of the development and design of the special education services to be provided to them in light of available funding, the number of private school students with disabilities, and their location to decide: 13.5 Revised: September 2003

6 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children (a) for school-aged children, their resident school district; and (b) for children aged 3 up to school-age, the Department. (5) "Representatives of private school children with disabilities" means individuals selected from staff of private schools located in the public agency's jurisdiction and parents of private school children with disabilities, and other individuals who are knowledgeable about the needs of private school children with disabilities. (6) "Service plan" means an individually developed plan that describes the special education, related services or modifications or accommodations that will be provided by the public agency for a private school child with disabilities. Unlike an IEP or IFSP, a service plan does not need to provide a free appropriate public education. [Federal Regulation: 34 CFR ] OAR Private Schools; Services Plan (1) If a child with a disability is enrolled by a parent in a religious or other private school and will receive special education or related services from a public agency, the public agency shall: (a) Initiate and conduct meetings to develop, review and revise a education services plan for the child in accordance with OAR ; and (b) Ensure that a representative of the child s school attends each meeting. If the representative cannot attend, the public agency shall use other methods to insure participation by the private school, including individual or conference telephone calls. (2) The services plan shall describe the specific special education and related services that the public agency will provide to the child in light of the services that the public agency has determined, through the consultation process described in OAR , it will make available to private school children with disabilities. (3) The services plan shall, to the extent appropriate: 1. Which students shall receive services; 2. What services shall be provided; 3. How and where the services shall be provided; and 4. How the services shall be evaluated. B. The district makes the final decisions with respect to the services to be provided to eligible private school students. See Guidelines, p III. Provisions for Serving Students Placed by Their Parents in Private Schools A. District decisions about the services that are provided to private school students with disabilities are made in accordance with the districts plan for serving parentally placed private school students and their service plans. B. The services provided to private school students with disabilities are provided by personnel meeting the same standards as personnel providing services in the district program. C. The district may provide private school students with disabilities a different amount of services than students with disabilities attending their resident district school Revised: September 2003

7 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children (a) Meet the requirements of OAR with respect to the services provided; and (b) Be developed reviewed and revised consistent with OARs and (4) Public agencies are not required to provide transportation from the child's home to the private school. (5) If necessary for the child to benefit from or participate in the services provided by the public agency, a private school child with a disability must be provided transportation: (a) From the child's school or the child's home to a site other than the private school; and (b) From the service site to the private school, or to the child's home, depending on the timing of the services. D. Except on a case-by-case basis, the district will not provide services to private school students with disabilities onsite at the student's private school. These services will be provided during the student s regular school day. E. If a parent of a private school student with a disability requests an IEP meeting, the district will either: 1. Hold an IEP meeting within a reasonable time; or 2. Provide the parent with prior written notice of the district s refusal to hold an IEP meeting. [Federal Regulation: 34 CFR and ] EDGAR (f) The places and times that the students will receive benefits under the program. OAR Reimbursement for Private Placement (1) If a private school child with a disability has available a free appropriate public education and the parents choose to place the child in a private school, the public agency is not required to pay for the cost of the child's education, including special education and related services, at the private school. However, the public agency shall include that child in the population whose needs are addressed as parentally-placed private school children. (2) Disagreements between a parent and a public agency regarding the availability of a program appropriate for the child and the question of financial responsibility are subject to the due process procedures under OAR through (3) If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll IV. Evaluation, Reevaluation, and Eligibility of Private School Students with Disabilities A. The district ensures that all requirements for evaluation, reevaluation, and eligibility that apply to public school students with disabilities will be met with regard to evaluations for private school students who are suspected of having a disability. B. Eligibility for special education and related services will be determined by the district in the same manner as for public school students with disabilities. C. The district will reevaluate private school students with disabilities at least every three years to determine whether the student continues to be eligible for special education, whether or not the student is receiving services under a services plan Revised: September 2003

8 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children the child in a private preschool, elementary, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency 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 State standards that apply to education provided by public agencies. (4) The cost of reimbursement described in paragraph (3) of this section may be reduced or denied if: (a) At the most recent IEP or IFSP meeting that the parents attended prior to removal of the child from the public school or ECSE program, the parents did not inform the IEP or IFSP team that they were rejecting the placement proposed by the public agency 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 (b) At least ten business days (including any holidays that occur on a business day) prior to the removal of the child from the public school or ECSE program, the parents did not give written notice to the public agency of the information described in paragraph (4)(a) of this rule. (5) The cost of reimbursement described in paragraph (3) of this section may also be reduced or denied if: (a) Prior to the parents' removal of the child from the public school or ECSE program, the public agency informed the parents, through the notice requirements of OAR , 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 (b) Upon a judicial finding of unreasonableness with respect to actions taken by the parents. (6) Notwithstanding the notice requirement in paragraph (4), the cost of D. If a parent refuses an evaluation that is necessary to determine a student s eligibility, continuing eligibility, or present level of performance for developing a service plan, the district will notify the parent in writing that it is prepared to complete the necessary evaluations upon parent consent or if the parent enrolls the student in a school district. E. If a parent refuses a reevaluation that is necessary to determine whether the student continues to be a student with a disability, and as a result the team cannot determine the student's continuing eligibility, the student will no longer be considered "eligible" and shall not be counted as a private school student with a disability for the purposes of the private school student count. F. Upon an initial determination of eligibility, and upon any subsequent determination of eligibility, the district will notify the parent in writing that it will make a free appropriate public education available to the student if the student is enrolled in a school district program. V. Service Plans A. If a student with a disability is enrolled by a parent in a religious or other private school and will receive special education or related services from the district, the district will: 1. Initiate and conduct meetings to develop, review, and revise a service plan for the student consistent 13.8 Revised: September 2003

9 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children reimbursement may not be reduced or denied for failure to provide the notice if: (a) The parent is illiterate and cannot write in English; (b) Compliance with paragraph (4) would likely result in physical or serious emotional harm to the child; (c) The public agency prevented the parent from providing the notice; or (d) The parents had not received notice of procedural safeguards under OAR informing them of this notice requirement. [Federal Regulation: 34 CFR ] OAR Public Agency Responsibility for Private School Children with Disabilities and Limitation on Services (1) No 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. (2) Decisions about the services that will be provided to private school children with disabilities must be made in accordance with OAR and (3) Such special education and related services shall be provided in a religiously-neutral setting. (4) The services provided to private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools or ECSE program. (5) Private school children with disabilities may receive a different amount of services than children with disabilities in public schools. (6) No private school child with a disability is entitled to any service or to any amount of a service the child would receive if enrolled in a public school. (7) Public agencies are not required to develop an IEP or IFSP that assumes a public agency placement for each private school child each year. (8) If a parent of a private school child with a disability requests an IEP or with the procedures for IEP meetings and timelines; and, 2. Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the district will use other methods to ensure participation by the private school, including individual or conference telephone calls. 3. Ensure that the services plan describes the specific special education and related services that the district will provide to the student in light of the services that the district has determined, through the consultation process described below, that it will make available to private school students with disabilities. 4. The services plan will, to the extent appropriate: a. Address IEP content with respect to the services provided; and b. Be developed, reviewed, and revised consistent with procedures for IEP team membership and parent participation. 5. The district is not required to provide transportation from the student's home to the private school. B. If necessary for the student to benefit from or participate 13.9 Revised: September 2003

10 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children IFSP meeting, the public agency shall either: (a) hold an IEP meeting within a reasonable time; or (b) provide the parent with prior written notice of the public agency's refusal to hold an IEP or IFSP meeting. [Federal Regulation: 34 CFR ] in the services provided by the public agency, a private school student with a disability must be provided transportation: 1. From the student s school or the student s home to a site other than the private school; and OAR Consultation with Representatives of Private School Children with Disabilities (1) Public agencies shall consult, in a timely and meaningful way, with appropriate representatives of private school children with disabilities, on the number of private school children with disabilities, and their location to decide: (a) Which children shall receive services; (b) What services shall be provided; (c) How and where the services shall be provided; and (d) How the services shall be evaluated. (2) This consultation shall occur before the public agency makes any decision that affects the opportunities of private school children to participate in services for parentally placed private school children. (3) Each public agency shall give appropriate representatives of private school children with disabilities a genuine opportunity to express their views regarding each matter subject to the consultation requirements in this rule. (4) The public agency shall make the final decisions with respect to the services to be provided to eligible private school children. [Federal Regulation: 34 CFR ] 2. From the service site to the private school, or to the student s home, depending on the timing of the services. VI. Property, Equipment, and Supplies A. The district keeps title to and exercises continuing administrative control of all property, equipment, and supplies that the public agency acquires with IDEA funds for the benefit of private school students with disabilities. B. The district may place equipment and supplies in a private school for a period of time needed to implement the service plan of a private school student with disabilities or for student find purposes. C. The district ensures that the equipment and supplies placed in a private school: 1. Are used only for implementation of the service plan or for student find activities; and OAR Evaluation, Reevaluation and Eligibility for Private School Children with Disabilities (1) Evaluations for private school children who are suspected of having a 2. Can be removed from the private school without remodeling the private school facility Revised: September 2003

11 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children disability, and reevaluations for private school children with disabilities, shall meet all of the requirements that apply to public school children with disabilities. (2) Eligibility for special education and related services shall be determined in the same manner as for public school children with disabilities. (3) Public agencies shall reevaluate private school children with disabilities at least every three years, consistent with OAR and , to determine whether the child continues to be eligible for special education, whether or not the child is receiving services under a services plan. (a) If a parent refuses an evaluation that is necessary to determine a child's eligibility, continuing eligibility, or present level of performance for developing a service plan, the public agency shall notify the parent in writing that the public agency is prepared to complete the necessary evaluations upon parent consent or if the parent enrolls the child in a school district or ECSE program. (b) If a parent refuses a reevaluation that is necessary to determine whether the child continues to be a child with a disability, and as a result the team cannot determine the child's continuing eligibility, the child shall no longer be considered "eligible" and shall not be counted as a private school child with a disability for the purposes of the private school child count in OAR (2). (4) Upon an initial determination of eligibility, and upon any subsequent determination of eligibility, the public agency shall notify the parent in writing that the public agency will make a free appropriate public education available to the child if the child is enrolled in a school district or ECSE program. [Federal Regulation: 34 CFR ] D. The district will remove equipment and supplies from a private school if: 1. The equipment and supplies are no longer needed for the purposes identified in section (2); or 2. Removal is necessary to avoid unauthorized use of the equipment and supplies. E. The district will not use IDEA funds for repairs, minor remodeling, or construction of private school facilities. VII. Separate Classes Prohibited A. The district will not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if: 1. The classes are at the same site; and 2. The classes include students enrolled in public schools programs and students enrolled in private schools. VIII. Funds and Property Not To Benefit Private Schools A. The district will not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school. OAR Property, Equipment, and Supplies (1) A public agency must keep title to and exercise continuing administrative B. The district will use IDEA funds to meet the special education needs of students enrolled in private schools, but not for: Revised: September 2003

12 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children control of all property, equipment and supplies that the public agency acquires with IDEA funds for the benefit of private school children with disabilities. (2) The public agency may place equipment and supplies in a private school for a period of time needed to implement the service plan of a private school child with disabilities or for child find purposes. (3) The public agency shall ensure that the equipment and supplies placed in a private school: (a) Are used only for the purposes identified in section (2); and (b) Can be removed from the private school without remodeling the private school facility. (4) The public agency shall remove equipment and supplies from a private school if: (a) The equipment and supplies are no longer needed for the purposes identified in section (2); or (b) Removal is necessary to avoid unauthorized use of the equipment and supplies. (5) IDEA funds shall not be used for repairs, minor remodeling, or construction of private school facilities. [Federal Regulation: 34 CFR ] 1. The needs of a private school; or 2. The general needs of the students enrolled in the private school. IX. Use of School Personnel A. The district may use IDEA funds to make public school personnel available in other than public facilities: 1. To the extent necessary to implement any of the requirements related to private school students with disabilities; and 2.If those services are not normally provided by the private school. B. The district may use IDEA funds to pay for the services of an employee of a private school to provide services to private school students if: OAR Separate Classes Prohibited A public agency may not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if: (1) the classes are at the same site; and (2) the classes include students enrolled in public schools or ECSE programs and students enrolled in private schools. [Federal Regulation: 34 CFR ] 1. The employee performs the services outside of his or her regular hours of duty; and 2. The employee performs the services under public supervision and control. X. Expenditures for Parentally Placed Private School Students Revised: September 2003

13 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children OAR Funds and Property Not to Benefit Private Schools (1) A public agency may not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school. (2) The public agency shall use IDEA funds to meet the special education needs of students enrolled in private schools, but not for: (a) The needs of a private school; or (b) The general needs of the students enrolled in the private school. [Federal Regulation: 34 CFR ] OAR Expenditures for Parentally Placed Private School Children (1) Formulas for determining funds available for provision of special education and related services to private school children with disabilities: (a) For school-age children: Each school district shall spend an amount that is the same proportion of the school district's total subgrant of IDEA funds as the number of school-age private school children with disabilities residing in its jurisdiction is to the total number of school-age children with disabilities in its jurisdiction. (b) For private school children with disabilities aged 3 up to school-age, the Department shall spend: (A) An amount that is the same proportion of the Department's total IDEA fund subgrant under section 611(g) for ECSE children as the number of ECSE private school children with disabilities residing in its jurisdiction is to the total number of ECSE children with disabilities in its jurisdiction; and (B) An amount that is the same proportion of the Department's total IDEA fund subgrant under section 619(g) of the Act as the number of ECSE private school children with disabilities residing in its jurisdiction is to the total number of ECSE children with disabilities in its jurisdiction. (2) Private School Child Count: A. The district uses the following formulas for determining funds available for provision of special education and related services to private school students with disabilities: B. In providing special education and related services to school-age private school students with disabilities, the district will spend an amount that is the same proportion of the district s total subgrant of IDEA funds as the number of school-age private school students with disabilities residing in its jurisdiction is to the total number of school-age students with disabilities in its jurisdiction; and 1. In determining private school student count for school age students: a. The district consults with representatives of private school students in deciding how to conduct the annual count of the number of private school students with disabilities; and b. Ensures that the count is conducted on December 1 of each year. C. The district uses the student count to determine the amount that the district will spend on providing special education and related services to private school students with disabilities in the next subsequent fiscal year Revised: September 2003

14 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children (a) Each school district, for school-age children, and the Department, for ECSE children, shall: (A) Consult with representatives of private school children in deciding how to conduct the annual count of the number of private school children with disabilities; and (B) Ensure that the count is conducted on December 1 of each year. (b) The child count must be used to determine the amount that the school district and the Department, respectively, shall spend on providing special education and related services to private school children with disabilities in the next subsequent fiscal year. (3) Expenditures for child find activities described in OAR may not be considered in determining whether the school district or Department, respectively, have met the requirements of section (2). (4) School districts and the Department, respectively, are neither required to or prohibited from providing services to private school children with disabilities in excess of those required by this part, consistent with State law or local policy. (5) The cost of the transportation described in OAR (5) may be included in calculating whether the public agency has met the requirement of section (1) of this rule. D. The district will not consider expenditures for student find activities in determining whether the school district has met its expenditure requirements for parentally placed private school students. E. The district may include the cost of transportation in determining whether the school district has met its expenditure requirements for parentally placed private school students. [Federal Regulation: 34 CFR ] OAR Complaints and Due Process Hearings for Private School Children Due process hearing procedures do not apply to complaints that a public agency has failed to meet the requirements relating to the provision of services to and expenditures for private school children, including the provision of services indicated on the child's services plan. (2) Due process hearing procedures do apply to complaints that a public agency has failed to meet the child find requirements, including the Revised: September 2003

15 Section 13 Private Schools Placed by Parent Oregon Administrative Rules PRIVATE SCHOOL OREGON LAW PORTLAND PUBLIC SCHOOL PROCEDURES Section 13: Parentally Placed Private School Children requirements regarding evaluation, determination of eligibility for special education services, and reevaluation. (3) Complaints that a public agency has failed to meet any of the requirements related to private school children may be filed under OAR [Federal Regulation: 34 CFR ] available in other than public facilities: (a) To the extent necessary to implement any of the requirements related to private school children with disabilities; and (b) If those services are not normally provided by the private school. (2) A public agency may use IDEA funds of the Act to pay for the services of an employee of a private school to provide services to private school children if: (a) The employee performs the services outside of his or her regular hours of duty; and (b) The employee performs the services under public supervision and control. (1) A public agency may use IDEA funds to make public school personnel OAR Use of Public School and Private School Personnel [Federal Regulation: 34 CFR ] Revised: September 2003

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17 PRIVATE SCHOOLS PLACED BY PARENT Section 13 Portland Public Schools Special Education OPERATIONS Revised: September 2003

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19 GUIDELINES SERVICES TO STUDENTS IN PRIVATE SCHOOLS UNILATERALLY ENROLLED BY THEIR PARENTS STUDENTS AGES 5-21 September 2003 The 1997 Individuals with Disabilities Education Act (IDEA) includes provisions relating to students with disabilities who have been unilaterally placed in a private school by their parents. In June 2003, the Portland Public School (District) consulted with representatives of private school children in its jurisdiction. As a result of this consultation, the following guidelines are in effect now and through the 2005/2006 school year. 1. Child Find. The District is responsible for the identification and evaluation of any student within its jurisdiction. The parent or the private school may refer a student to the District for an evaluation to determine eligibility for special education services. Portland Public Schools has developed procedures that address the evaluation and identification of private school students. These procedures may be obtained by calling the District at (503) , ext If an observation is required as part of the evaluation, it may be conducted on the premises of the private school facility. Subject to an exception on a caseby-case basis, other evaluations will not be conducted on the premises of the private school. 2. Students Served. The District has determined, after consultation with representatives of private school children with disabilities, that the following students with disabilities will be served by the District: a. Students eligible because of a specific learning disability and b. Students eligible because of a communication (speech and/or language) disorder. 3. Specific Services Provided. The District has determined, after consultation with representatives of private school children with disabilities, that the following services will be provided by the District and as identified on a student s Services Plan: a. Speech and/or language services; b. Academic support (direct instruction or consultation) in the areas of reading, written language or math; and c. Transportation (if necessary to benefit from or participate in the services). 4. Trainings. The District will provide one hour of training in the following disability categories by November of each school year. 1. Hearing impairment; 2. Visual impairment; 3. Autism; 4. Traumatic brain injury; and 5. Attention deficit hyperactive disorder (ADHD) Revised: September 2003

20 5. Services Plan. If a student is eligible for special education services under these guidelines, a Services Plan will be developed with participation from the private school. The Services Plan will include only those services identified as needed by the student and consistent with these guidelines. The District will conduct Services Plan meetings to develop, review and/or revise a student s Services Plan by using the IEP procedures set forth in OAR Location and Times of Service. All specially designed instruction and related services provided by the District will be provided at the District school closest to the private school. Services will be scheduled during the regular school day. 7. Evaluation of Services Provided. District progress reports will be used to evaluate the services provided to students. Student progress will also be discussed at the annual Services Plan meeting. Private school teachers are encouraged to attend these meetings. 8. Educational Materials for Students Who Are Blind. Certain types of educational materials needed by students can be provided to a private school. This primarily deals with students who need information in Braille or large print. The private school will be charged for the staff time to develop and/or reproduce the material and for the cost of the actual material. A Services Plan is not required for these services. 9. Consultation and Meetings with Private School Staff. Consultation and/or meetings with private school staff regarding a student will be provided or held in a District school or over the telephone. 10. Application of These Guidelines. The District is responsible for providing services under these guidelines only to resident District students attending private schools. The District is not responsible for providing services to or conducting an initial evaluation or reevaluation of students who are residents of other school districts and who are attending a private school located within the District s geographical boundaries. The student s resident school district is responsible for these services. If the District locates a non-resident student with a possible disability, the District will notify the student s resident district. Sources: IDEA, Part B Regulations, 34 CFR ; OAR through and OAR through Revised: September 2003

21 PROCEDURES FOR REFERRAL TO SPECIAL EDUCATION FOR STUDENTS UNILATERALLY PLACED BY PARENTS IN PAROCHIAL AND PRIVATE SCHOOLS 1. PRE-REFERRAL PROCESS: When a parent, teacher, or other school staff has a concern regarding the academic or behavior performance of a student who resides within Portland Public Schools (PPS), the parochial/private school contacts the School Psychologist at the student s neighborhood school. The School Psychologist will schedule an evaluation planning meeting with the parent and the parochial/private school staff to discuss concerns and determine if a special education evaluation is needed. 2. PRE-REFERRAL SUMMARY REPORT: The parochial/private school completes the Pre-referral Summary Report with the parent, and others who know the student. Copies of this form are included in this document. The completed form is brought to the meeting scheduled by the School Psychologist to discuss concerns about the student. If an evaluation is warranted and the student is Limited English Proficient (LEP), a representative of the ESL/Bilingual Program will be included in the evaluation process and subsequent Services Plan development. 3. ELIGIBILITY DETERMINATION: The IEP team of the student s neighborhood school will review the evaluation information with the parent and the student s parochial/private school teacher to determine if the student is educationally disabled and eligible for special education services. 4. INELIGIBLE FOR SPECIAL EDUCATION SERVICES: Many students working below grade level are not educationally disabled. A student may not receive special education services unless he or she is found to be educationally disabled according to state and federal eligibility criteria. If a student is ineligible for special education services, the evaluation results and recommendations are shared with the parochial/private school staff to assist them in developing a plan to meet the student s needs. 5. ELIGIBLE FOR SPECIAL EDUCATION SERVICES AND THE SERVICES PLAN: Services to children who are unilaterally placed by their parents in a parochial/private school are outlined in the District s Guidelines. Consistent with the District s policy, if the student is educationally disabled, needs special education services and the parent elects to keep him/her at the parochial/private school, a Services Plan is developed within 30 days. The Services Plan is a written educational plan developed by the student s teacher, a special education teacher, someone who is qualified to provide or supervise special education (a District representative or an administrator), and the parent(s). The student, as appropriate, may also participate, as well as others at the discretion of parents or District. The student s Services Plan will comply with the Guidelines with respect to present levels of performance (PLOPs), annual goals, short-term objectives with criteria and schedules for determining whether the short-term objectives are being met. 6. PROVISION OF SERVICES: For District students attending private schools which are located within PPS s geographical boundaries, special education services will be provided at the public school nearest to the private school the student is attending. For District students attending private schools which are located outside of PPS s geographical boundaries, the District school closest to the private school is responsible for providing the special education services. The services will be provided during the school day and at times that fit within the schedule of District special education staff. 7. ANNUAL SERVICE PLAN MEETING: Federal and state regulations require that a meeting be held to review and revise, as appropriate, the student s Services Plan at least once a year. This could be on the anniversary date of the last Services Plan meeting or some earlier date Revised: September 2003

22 8. INITIAL SPECIAL EDUCATION EVALUATION, ELIGIBILITY, IEP AND PLACEMENT: A student s neighborhood school is responsible for conducting the student s initial evaluation, determining eligibility for special education services, drafting the IEP and making a formal offer of placement. 9. RE-EVALUATION, CONTINUING ELIGIBILITY AND OFFER OF FAPE: A re-evaluation of a private school student with disabilities must be conducted every three years. The evaluation serves to establish whether the student continues to meet eligibility requirements as educationally disabled and is in need of special education. This reevaluation is required for every student who is eligible for special education services whether or not the student is receiving services under a Services Plan. For students receiving services under a Services Plan, the school that is providing those services is responsible for conducting the re-evaluation and determining continuing eligibility. For students not on Service Plans, the student s neighborhood school is responsible for conducting the re-evaluation and determining eligibility. If a parent refuses an evaluation that is necessary to determine the student s eligibility, continuing eligibility, or present levels of performance for developing a Services Plan, the District must notify the parent in writing that the District is prepared to complete the necessary evaluations upon parent consent or if the parent enrolls the student in a District program. If a parent refuses an evaluation that is necessary to determine whether the student continues to be a student with a disability, and as a result the team cannot determine the student s continuing eligibility, the student will no longer be considered eligible, will no longer receive services under a Services Plan, and will not be counted as a private school student with a disability for the purposes of the private school child count. Upon any subsequent determination of eligibility, the District must notify the parent in writing that the District will make a free appropriate public education (i.e., an IEP and offer of placement) available to the student if the student is enrolled in a District program. Therefore, following a re-evaluation, District staff are only required to draft an IEP and offer placement to an eligible student if the parent enrolls the student in a District school. 10. AMOUNT EXPENDED BY DISTRICT PER YEAR: The amount expended per eligible private school student will change every year based on the annual child count and funding the District receives. Private schools will be notified of this amount each school year. 11. APPLICATION OF THESE PROCEDURES TO NON-RESIDENT STUDENTS: These procedures apply only to resident District students attending private schools. The District is not responsible for providing services to or conducting an initial evaluation or re-evaluation of students who are residents of other school districts and who are attending a private school located within the District s geographical boundaries. The student s resident school district is responsible for these services. If the District locates a non-resident student with a possible disability, the District will notify the student s resident district Revised: September 2003

23 PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION DEPARTMENT PROCEDURES FOR REFERRAL TO SPECIAL EDUCATION FOR STUDENTS UNILATERALLY PLACED BY PARENTS IN PAROCHIAL AND PRIVATE SCHOOLS The Parent, teacher or other staff has a concern about the academic or behavior performance of a student currently attending a private school. The parent or the school contacts the school psychologist of the student s neighborhood school. The school psychologist schedules an evaluation planning meeting with parochial/private school staff to review the completed Pre-Referral Summary Report and discuss concerns. If the team decides an evaluation is needed, the District evaluation referral form is completed and permission for assessment is obtained. If an evaluation is needed, District staff complete the evaluation and convene an IEP team meeting to discuss the results of the evaluation and determine eligibility. Parents and parochial/private school staff are part of the IEP team. The IEP team determines if the student has an educational disability and is in need of special education services. If the student is eligible for special education services, within 30 days the District develops an IEP and offers a placement. If a parent refuses this offer of a free appropriate public education and elects to place the student in a private school, the student will be offered a services plan if the student is eligible for one. If the student is not eligible for special education services, recommendations are shared with the parochial/private school Revised: September 2003

24 Students with Disabilities in Private and Charter Schools REVISED 11/03/03 Evaluation, Eligibility, IEP, Offer of FAPE and Services Initial Evaluation, Eligiblity and Offer of a FAPE (i.e., IEP and Placement) Reevaluation, Continuing Eligibility, and Offer of a FAPE (i.e., IEP and Placement Private School Students Student s neighborhood school. An offer of a FAPE required. A Service Plan must be offered if the student is eligible. A reevaluation is required for all students, including those not on Service Plans. Students on Service Plans: school closest to private school that is providing services. Students not on Service Plans: student s neighborhood school. Staff must give prior written notice that the District will make a FAPE available if the student is enrolled in a District School. Service Provider School closest to the private school. (Students on Service Plans only.) Charter School Students The student s neighborhood school is responsible for initial evaluations of students, including students who recently moved into the District, who have attended the charter school for two months or less. The staff closest to the charter school or assigned staff are responsible for initial evaluations of students, including students who recently moved into the District, who have attended the charter school for more than two months. An offer of a FAPE in a District program is required. The IEP team decides if the student may receive a FAPE in the charter school. The student s neighborhood school is responsible for students, including students who recently moved into the District and are already eligible for special education services, who have attended the charter school for two months or less. The staff closest to the charter school or assigned staff are responsible for students, including students who recently moved into the District and are already eligible for special education services, who have attended the charter school for more than two months. The IEP team decides if the student may continue to receive a FAPE in the charter school. Staff must give prior written notice that the District will make a FAPE available if the student is enrolled in a District school. School closest to charter school or assigned staff. Private school students are those students who have been unilaterally placed in private schools by their parents Revised: September 2003

25 Portland Public Schools Department of Special Education PRE-REFERRAL SUMMARY REPORT FOR STUDENTS IN PAROCHIAL AND PRIVATE SCHOOLS Completed by: Referral Source (e.g. classroom teacher) Student s neighborhood school STUDENT INFORMATION: I.D.# Name Date Sex Address Parent/Guardian School Grade Referred by DOB ATTENDANCE: Date student started school How many schools has the student attended since he/she started? Does the student have a history of excessive absenteeism (in excess of 15 absences a year for the last three years)? [ ] Yes [ ] No Has attendance been a problem during the current year? [ ] Yes [ ] No EDUCATIONAL HISTORY: Has the student been referred to special education before? [ ] Yes [ ] No Have grades been consistently below average? [ ] Yes [ ] No Have there been performance inconsistencies among subject area? [ ] Yes [ ] No Reading level Math level Written language level Revised: September 2003

26 TEST RESULTS: Pertinent standardized test results: (e.g., WISC-R, Woodcock Johnson, etc.) HEALTH ISSUES: Does student appear to have vision problems which interfere with educational performance? Yes No Does student wear glasses? Yes No Does student appear to have hearing problems which interfere with educational performance? Yes No Does the student wear a hearing aide? Yes No Does the student have motor problems which interfere with educational performance? Yes No Does the student have any health concerns? Yes No If yes, please explain: BEHAVIORAL CONCERNS: Behavior during instruction: Behavior with peers: Behavior during unstructured activities: Revised: September 2003