Policy Guidance
2023
POLICY LETTER: Nov. 7, 2023, to Underly
Topic Areas: Private Schools—Parentally Placed Private School Children
OSEP’s Policy Letter to Jill Underly regarding the provision of equitable services to eligible students enrolled in virtual private schools and, as applicable, their teachers and other educational personnel (hereinafter referred to collectively as educators). Specifically, Wisconsin Department of Public Instruction (DPI) asked how to determine the location of virtual private schools for purposes of providing equitable services under the Elementary and Secondary Education Act of 1965 (ESEA) and Part B of the Individuals with Disabilities Education Act (IDEA). Read More
POLICY LETTER: Nov. 7, 2023, to Jenner
Topic Areas: Private Schools—Parentally Placed Private School Children
OSEP’s Policy Letter to Katie Jenner on how to determine the location of virtual private schools for purposes of providing equitable services under the Elementary and Secondary Education Act of 1965 (ESEA) Read More
2022
POLICY LETTER 22-06: November 16, 2022, to Flanigan
Topic Areas: Private Schools—Parentally Placed Private School Children
Clarifies that any student found eligible under IDEA who is enrolled by their parent in a private elementary or secondary school must be counted when calculating the proportionate share of IDEA Part B funds that a local educational agency is required to spend on the provision of equitable services to parentally-placed private school children with disabilities enrolled in private schools in the LEA Read More
Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools (rev. Feb 2022)
Topic Areas: Private Schools—Parentally Placed Private School Children
Q&A provides guidance regarding the IDEA requirements applicable to children with disabilities placed by their parents in private schools, who are not enrolled in the local educational agency and for whom the provision of FAPE is not at issue Read More
2019
OSEP LETTER: Jan. 29, 2019 to Wayne
Topic Areas: Private Schools—Parentally Placed Private School Children
Summary
Letter regarding further discussions on a local educational agency’s (LEA’s) obligation to a parentally placed private school child...
2017
OSEP LETTER: September 8, 2017 to Brian Radziwill
Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the procedures for meaningful consultation between LEAs, SEAs, and private schools including the inclusion of representatives of parents of parentally-placed private school children with disabilities. Read More
2016
POLICY LETTER: December 27, 2016 to Ellen Chambers
Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses obligation of LEAs to provide transportation for IDEA services offered to students placed in private schools by their parents. Read More
POLICY LETTER: August 23, 2016 to Martha Goodman
Topic Areas: Coordinated Early Intervening Services, Part B, Private Schools—Parentally Placed Private School Children, Significant Disproportionality (Equity in IDEA)
Summary
Addresses the calculation for comprehensive coordinated early intervention services and proportionate share of IDEA funds for LEAs identified as...
Read More2015
POLICY LETTER: November 23, 2015 to Michael I. Inzelbuch
Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the use of an LEA’s proportionate share funds for settlements involving parentally placed private school children with disabilities. Read More
POLICY LETTER: July 6, 2015 to Edward Sarzynski
Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Private Schools—Parentally Placed Private School Children
Addresses the application of child find responsibilities for parentally placed private school children with disabilities whose parents reside outside of the country. Read More
2014
POLICY LETTER: September 29, 2014 to Sam Sutton and David Rubel
Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the provisions for providing equitable services for parentally-placed private school children with disabilities through a consultation process between public and private school representatives and parents. Read More
2013
POLICY LETTER: November 26, 2013 to William J. Casey, Esq.
Topic Areas: Early Childhood Transition, Individualized Education Programs: Development/Review/Revision, Private Schools—Parentally Placed Private School Children
Concerns the location for extended school year services (ESY) for a child transitioning from preschool to kindergarten. Read More
POLICY LETTER: February 4, 2013 to Dr. George V. Corwell
Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the IDEA provisions for providing services for parentally-placed private school children with disabilities, regardless of whether or not their parents reside in the United States or in other countries. Read More
2012
POLICY LETTER: November 7, 2012 to Michael L. Boswell, Esq.
Topic Areas: Private Schools—Parentally Placed Private School Children
Reiterates the Department’s previous guidance regarding the requirements in Part B of the IDEA that apply to children with disabilities enrolled by their parents in private schools through a State funded scholarship program. Read More
POLICY LETTER: August 8, 2012 to Alex P. Apostle, Missoula County Public Schools Superintendent
Topic Areas: Private Schools—Parentally Placed Private School Children
Letter regarding how a local education agency (LEA) can meet equitable services requirements for parentally-placed private school children with disabilities if student enrollment changes during the school year. Read More
POLICY LETTER: June 13, 2012 to East End Special Education Parents, Inc., President Kathleen Chamberlain
Topic Areas: Free Appropriate Public Education, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs, Use of Funds
Letter regarding children with disabilities enrolled by their parents in private schools when free appropriate public education (FAPE) is at issue and clarification of child find requirements for parentally placed private school children. Read More
2011
POLICY LETTER: December 6, 2011 to Susan Luger Associates
Topic Areas: Private Schools—Parentally Placed Private School Children, Related Services
Letter regarding transportation for children with disabilities who are placed in private schools by their parents. Read More
POLICY LETTER: May 26, 2011 to East End Special Education Parents President Kathleen Chamberlain
Topic Areas: Dispute Resolution, Free Appropriate Public Education, Private Schools—Parentally Placed Private School Children
Summary
Letter responding to an inquiry as to whether a child with a disability should be considered publicly-placed or parentally-placed...
Read MorePOLICY LETTER: January 6, 2011 to Lehigh University Professor of Education and Law Perry A. Zirkel
Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI), Parent Consent, Private Schools—Parentally Placed Private School Children, Specific Learning Disability
Letter clarifying how LEAs that use a response-to-intervention (RTI) process can determine whether a child enrolled in a private school by his or her parents has a specific learning disability. Read More
POLICY LETTER: January 5, 2011 New York State Education Department Associate Commissioner Rebecca Cort
Topic Areas: Dispute Resolution, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs
Summary
Letter regarding whether, absent a ruling by a court or hearing officer, a local educational agency (LEA) can reach...
Read More2010
POLICY LETTER: June 1, 2010 to Michigan Department of Education Office of Special Education and Early Intervention Services official John Andrejack
Topic Areas: Coordinated Early Intervening Services, Grants, Private Schools—Parentally Placed Private School Children, Significant Disproportionality (Equity in IDEA), Use of Funds
Letter to Michigan Department of Education Office of Special Education and Early Intervention Services official clarifying requirements for expending the proportionate amount of Part B funds for equitable services, use of funds for coordinated early intervening services, and local maintenance of effort. Read More
POLICY LETTER: June 1, 2010 to Michigan Department of Education Office of Special Education and Early Intervention Services official John Andrejack MS Word
MS WORDPOLICY LETTER: June 1, 2010 to Michigan Department of Education Office of Special Education and Early Intervention Services official John Andrejack PDF
PDFPOLICY LETTER: May 5, 2010 to Maryland attorney Jerrold Miller, Esq.
Topic Areas: Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs
Summary
Letter to Maryland attorney regarding the limitation on a parent’s right to reimbursement for the cost of his or...
Read More2009
POLICY LETTER: December 8, 2009 to New York Attorney Lawrence Weinberg
Topic Areas: Eligibility Determination, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs
Letter regarding whether parents can obtain reimbursement under Part B of IDEA for the costs of private placement for a child not previously found eligible for special education and related services. Read More
POLICY LETTER: September 25, 2009 to Impartial Hearing Officer Sinai Halberstam
Topic Areas: Private Schools—Parentally Placed Private School Children
Letter regarding the impact of the Supreme Court’s decision in Forest Grove School District v. T.A. on the existing regulations governing children with disabilities placed by their parents in private schools. Read More
POLICY LETTER: March 26, 2009 to Missouri Attorney Teri B. Goldman
Topic Areas: Eligibility Determination, Individualized Education Programs: Development/Review/Revision, Private Schools—Parentally Placed Private School Children
Letter to Missouri Attorney clarifying the requirements in Part B of the IDEA that apply when a parent reenrolls their parentally-placed private school or home-schooled child with a disability in a public school. Read More
POLICY LETTER: January 28, 2009 to Maryland Attorney Michael J. Eig
Topic Areas: Evaluation and Reeavluation, Private Schools—Parentally Placed Private School Children
Letter to Maryland Attorney clarifying that the LEA of the parent’s resident, not the LEA where the private school the child attends is located, is responsible for conducting an evaluation for purposes of making a free appropriate public education available to a child who did not previously receive special education services from the LEA of the residence and is parentally-placed in a private school located in another LEA. Read More
2008
POLICY LETTER: March 17, 2008 to individual (personally identifiable information redacted)
Topic Areas: Early Childhood, Free Appropriate Public Education, Part C, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs
Letter regarding whether the policy interpretations stated in the OSEP letters responding to inquiries from Thomas Neveldine dated May 28, 1993 and January 25, 1995 still represent OSEP’s position regarding a public agency’s obligations to pay tuition costs when a public agency places a preschool-aged child with a disability into a private preschool for children without disabilities for the purpose of receiving a free appropriate public education (FAPE). Read More
2001
POLICY LETTER: May 18, 2001 to individual (personally identifiable information redacted).
Topic Areas: Private Schools—Parentally Placed Private School Children
Summary
TOPIC ADDRESSED: Children in Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...
Severe Discrepancy