Special Education Q&A
I have a student who we think may benefit from special education services beyond what our school can provide, as much as we’d wish to keep the student enrolled. How do I get the student an evaluation by the school district?
Private school staff do not have rights under the federal Individuals with Disabilities Education Act (IDEA) related to Child Find, but can refer a student for evaluation in some cases. Responding to referrals for evaluation of private school students is one way school districts conduct Child Find, required by the IDEA.
The student’s parent(s), physicians, nurses, psychologists, social workers and administrators of social agencies can refer a student for testing by the public school district, according to the U.S. Department of Education. But, regardless of who submitted the referral request, parental consent must be obtained before performing the evaluation, and the rights of the child under the IDEA still belong to the parents.
Therefore, you should encourage the student’s parents to refer the student to the district for evaluation. They can do so by reaching out to the special education team at the district in which the private school is located.
Your role as the private school representative is to support the parent by providing documentation of why you suggested the student be evaluated in the first place. To help the district perform an accurate and appropriate evaluation of the child, it’s recommended that the parent makes the referral with as much documentation as possible, from as many professionals as possible.
According to federal law, an initial evaluation of a child who has been referred to the district must be completed within 60 days of receiving parental consent. Private schools and parents do have the ability to file formal complaints with the state if they have concerns about any of the district’s processes related to Child Find and special education services.
Contact the special education team at your local school district for more information.
The student’s parent(s), physicians, nurses, psychologists, social workers and administrators of social agencies can refer a student for testing by the public school district, according to the U.S. Department of Education. But, regardless of who submitted the referral request, parental consent must be obtained before performing the evaluation, and the rights of the child under the IDEA still belong to the parents.
Therefore, you should encourage the student’s parents to refer the student to the district for evaluation. They can do so by reaching out to the special education team at the district in which the private school is located.
Your role as the private school representative is to support the parent by providing documentation of why you suggested the student be evaluated in the first place. To help the district perform an accurate and appropriate evaluation of the child, it’s recommended that the parent makes the referral with as much documentation as possible, from as many professionals as possible.
According to federal law, an initial evaluation of a child who has been referred to the district must be completed within 60 days of receiving parental consent. Private schools and parents do have the ability to file formal complaints with the state if they have concerns about any of the district’s processes related to Child Find and special education services.
Contact the special education team at your local school district for more information.
I want my school district to provide special education services to some of my students. Where do I start?
Eligible private school students with disabilities can have some services provided to them by the public school district under the Individuals with Disabilities Education Act (IDEA). The IDEA was created to ensure that students with disabilities receive a Free Appropriate Public Education (FAPE).*
According to the federal law, the first step is for school districts to locate, identify and evaluate all children with disabilities in the district, including private school students. This process is called Child Find. Learn more here.
Districts must publicize Child Find information to all families in its boundaries, but many private school parents aren’t aware that this is available to their children.
That’s why WCRIS created this flier, using language from a Wisconsin school district’s notification published in the local newspaper. We encourage you to include it in your newsletters or send copies home with your students.
Because parents – not the private school – have rights under the IDEA, it’s important to empower them with this knowledge so that their children can receive an equitable education.
*Parents refuse their child’s right to FAPE by voluntarily enrolling them in a private school. Therefore, private school students aren’t entitled to the same services as public school students. See the “Services” section here for more information.
Download the flier.
According to the federal law, the first step is for school districts to locate, identify and evaluate all children with disabilities in the district, including private school students. This process is called Child Find. Learn more here.
Districts must publicize Child Find information to all families in its boundaries, but many private school parents aren’t aware that this is available to their children.
That’s why WCRIS created this flier, using language from a Wisconsin school district’s notification published in the local newspaper. We encourage you to include it in your newsletters or send copies home with your students.
Because parents – not the private school – have rights under the IDEA, it’s important to empower them with this knowledge so that their children can receive an equitable education.
*Parents refuse their child’s right to FAPE by voluntarily enrolling them in a private school. Therefore, private school students aren’t entitled to the same services as public school students. See the “Services” section here for more information.
Download the flier.
I have a student with a 504 plan. The 504 plan states he needs a nurse for his medical problems. Is this something that the local public school would provide?
No, most likely not because the public school is not bound by the plan once the child goes to a private school. A nurse would be expensive and the public school would no longer be obligated to provide that help to the student.
It’s good to remember that a private school is not under the same obligation to execute a student's 504 plan as a public school. According to Section 504 of the Rehabilitation Act of 1973, the private school must make “minor accommodations” for students with disabilities. (34 C.F.R. § 104.39(a)) While the Americans with Disabilities Act (ADA), states that businesses "must provide reasonable accommodations” for people with disabilities.
One example of a minor accommodation would be installing a ramp for a student in a wheelchair.
But because 504 plans are tied to federal disability protection laws, private schools should move with caution when implementing anything from the student’s 504 plan.
It is recommended that private schools should:
• Be clear with the child’s parents about what the private school will and will not provide;
• The private school should clearly document those parameters with the family;
• Private schools should NOT call these arrangements a 504 plan. Private schools should avoid using that language because it could trigger legal obligations under federal law;
• Call it an "accommodation plan."
Again, because the student is no longer enrolled in the public school, the student loses their individual entitled to services and the public school is no longer obligated to provide the student a free appropriate public education (FAPE). Further, the private school does not have the obligation to fill the role in the same fashion as the public school.
When a private school has a student with a substantial 504 plan from the public school, the private school should talk to the parents about the options for serving that child in the private school, noting it will be likely much different than the 504 plan being offered in the public school.
It’s good to remember that a private school is not under the same obligation to execute a student's 504 plan as a public school. According to Section 504 of the Rehabilitation Act of 1973, the private school must make “minor accommodations” for students with disabilities. (34 C.F.R. § 104.39(a)) While the Americans with Disabilities Act (ADA), states that businesses "must provide reasonable accommodations” for people with disabilities.
One example of a minor accommodation would be installing a ramp for a student in a wheelchair.
But because 504 plans are tied to federal disability protection laws, private schools should move with caution when implementing anything from the student’s 504 plan.
It is recommended that private schools should:
• Be clear with the child’s parents about what the private school will and will not provide;
• The private school should clearly document those parameters with the family;
• Private schools should NOT call these arrangements a 504 plan. Private schools should avoid using that language because it could trigger legal obligations under federal law;
• Call it an "accommodation plan."
Again, because the student is no longer enrolled in the public school, the student loses their individual entitled to services and the public school is no longer obligated to provide the student a free appropriate public education (FAPE). Further, the private school does not have the obligation to fill the role in the same fashion as the public school.
When a private school has a student with a substantial 504 plan from the public school, the private school should talk to the parents about the options for serving that child in the private school, noting it will be likely much different than the 504 plan being offered in the public school.
I have two high school students in our private school who have 504 Plans. I’d like the public school district to update the plans, but the district says they are not responsible for that. At my last school in another city, the district updated the 504 Plans for our students. So, I’m confused.
Is this difference based on school district policy or something else? Do districts have an obligation to write 504 Plans for our students, or not?
This is complicated. A little background will help. First, 504 Plans are named for a section in the federal Rehabilitation Act of 1973. This provision of the law addresses the needs of students who do not meet the criteria for special education through the Individual with Disabilities Education Act (IDEA), but are still in need of accommodations to receive a Free Appropriate Public Education (FAPE).
When a parent enrolls a child in a private school, they have declined FAPE; therefore, the child is not eligible for a 504 Plan. These plans are written and executed by public schools for public school students.
Private school students are eligible for services under the IDEA. But those services are limited by what the public school district, in consultation with private school officials, decides to provide private school students with special needs. It is driven by the amount of federal dollars the district receives. For that reason, services for private school students vary from district to district, and therefore also varies student by student.
Additionally, 504 Plans include civil rights law protections for students with disabilities in public schools. For this reason, private schools should NOT be invoking the “504 Plan” name in any accommodations they develop and write for a student. National experts on special education law have told WCRIS staff that using the “504 Plan” label may trigger a private school’s responsibility to comply with these other laws.
Follow-up Question: What about my old public school district that did write my private school student a 504 Plan?
National special education experts have told WCRIS that if the special education staff at the local school district is willing to provide free support for developing accommodation plans for a student at your school, there is nothing in state or federal law stopping them from helping you to help your student.
In some cases, it may be in the district’s best interest because they may inherit your student in a later grade.
However, experts have told WCRIS that any plan developed for accommodating a private school student with special needs should be titled and referenced differently. The private school should not call it a 504 Plan nor have any paperwork on file using that name. An alternative title, such as “accommodation plan,” is more appropriate.
Bottom line: The public district is free to help you in writing a plan for your student. But it is not a 504 Plan. Private school administrators should not use that verbiage when implementing accommodations for a student at the private school.
Note: This is not legal advice. WCRIS does not employ lawyers nor has legal counsel on staff. If you have any questions about this issue, you should contact your school attorney or other qualified, licensed professionals to help you.
When a parent enrolls a child in a private school, they have declined FAPE; therefore, the child is not eligible for a 504 Plan. These plans are written and executed by public schools for public school students.
Private school students are eligible for services under the IDEA. But those services are limited by what the public school district, in consultation with private school officials, decides to provide private school students with special needs. It is driven by the amount of federal dollars the district receives. For that reason, services for private school students vary from district to district, and therefore also varies student by student.
Additionally, 504 Plans include civil rights law protections for students with disabilities in public schools. For this reason, private schools should NOT be invoking the “504 Plan” name in any accommodations they develop and write for a student. National experts on special education law have told WCRIS staff that using the “504 Plan” label may trigger a private school’s responsibility to comply with these other laws.
Follow-up Question: What about my old public school district that did write my private school student a 504 Plan?
National special education experts have told WCRIS that if the special education staff at the local school district is willing to provide free support for developing accommodation plans for a student at your school, there is nothing in state or federal law stopping them from helping you to help your student.
In some cases, it may be in the district’s best interest because they may inherit your student in a later grade.
However, experts have told WCRIS that any plan developed for accommodating a private school student with special needs should be titled and referenced differently. The private school should not call it a 504 Plan nor have any paperwork on file using that name. An alternative title, such as “accommodation plan,” is more appropriate.
Bottom line: The public district is free to help you in writing a plan for your student. But it is not a 504 Plan. Private school administrators should not use that verbiage when implementing accommodations for a student at the private school.
Note: This is not legal advice. WCRIS does not employ lawyers nor has legal counsel on staff. If you have any questions about this issue, you should contact your school attorney or other qualified, licensed professionals to help you.
