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Parentally Placed Private School Students Policy (Updated 11/2024)

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Parentally Placed Private School Students Policy (Updated 11/2024)

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This revised policy aligns with the Capistrano Unified Sch. Dist. v. S.W. (2021) F4th 1125, 1138 decision that the DOR only needs to prepare an IEP if specifically requested by the parent and aligns with the requirements related to preschool aged students based on the October 2024 notification from the CDE.

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Updated Policy 14.2_ Private Schools (1).pdf

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2025-2026 School Year Service Agreement Offers by LEA

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2025-2026 School Year Service Agreement Offers by LEA

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2025-2026 Proposed PRIVATE SCHOOL SERVICES BY DISTRICT 

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Meaningful Consultation Presentation- October 15, 2025

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Meaningful Consultation Presentation- October 15, 2025

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The Annual Private School meeting will be held Wednesday, October 15, 2025 via Zoom at 11:45.

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2025-2026 Parentally Placed Private School Students Consultation Meeting Registration Flyer

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Meaningful Consultation Meeting Presentation - October 15, 2025 

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Meaningful Consultation Meeting Presentation - October 15, 2025 

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2025-2026 Consultation with Representatives from Private Schools (3).pptx

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2023-2024 Proportionate Share Assurances Form

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2023-2024 Proportionate Share Assurances Form

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Meaningful Consultation Meeting Presentation - October 16, 2024

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Meaningful Consultation Meeting Presentation - October 16, 2024

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2024-2025 Consultation with Representatives from Private Schools (3).pptx.pdf

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Individuals with Disabilities Education Act

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This Q&A document is intended to provide guidance regarding the IDEA requirements applicable to children with disabilities placed by their parents in private schools, who are not enrolled in the LEA, and for whom the provision of FAPE is not at issue. This Q&A updates and supersedes the Department's guidance, titled Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, was first issued in April 2011 and includes additional questions and answers that address topics that have arisen as the field continues to implement the applicable provisions of IDEA and its implementing regulations.

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

OFFICE OF SPECIAL EDUCATION PROGRAMS

OSEP QA 22-01

Revised February 2022

Part B of the Individuals with Disabilities Education Act (IDEA Part B) at Section 612(a)(10)(A) and its implementing regulations at 34 C.F.R. §§ 300.130 through 300.144 contain specific requirements regarding State and local responsibilities for equitable services for parentally-placed private school children with disabilities.[1] The U.S. Department of Education (Department), Office of Special Education and Rehabilitative Services (OSERS) issues this Questions and Answers (Q&A) document to provide State educational agencies (SEAs), local educational agencies (LEAs), parents, private school officials, advocacy organizations, and other interested parties with information regarding these requirements.[2]

Children with disabilities attending private schools will generally fall into one of three categories: (1) those placed by their parents, who are not enrolled in the LEA, and for whom the provision of a free appropriate public education (FAPE) is not at issue; (2) those placed by their parents and who are, or previously were, enrolled in the LEA and the provision of FAPE is at issue; and (3) those placed by the LEA as the means of ensuring that FAPE is made available. As used in this document, the phrase "FAPE is not at issue" means there is no disagreement between the parent and LEA about the availability of a program to provide FAPE to the child and the parent has placed the child in a private school and is not seeking financial reimbursement for the private school placement.

This Q&A document is intended to provide guidance regarding the IDEA requirements applicable to the first category of students - children with disabilities placed by their parents in private schools, who are not enrolled in the LEA, and for whom the provision of FAPE is not at issue.

As explained in this Q&A document, children with disabilities placed in private schools by their parents where FAPE is not at issue do not have an individual entitlement to the special education and related services they would receive if they were enrolled in a public school or placed in a private school by the LEA as a means of ensuring FAPE is made available.[3] Depending on State law, private schools may not be required to meet State personnel or curriculum standards.[4] Further, children with disabilities placed by their parents in private schools do not have the right to all of the protections under IDEA. For example, IDEA's due process procedures do not apply to issues regarding the provision of services to any particular parentally-placed private school child with a disability. Parents of such children may only use IDEA's due process procedures to resolve matters concerning an LEA's obligation to meet the child find requirements.[5]

While IDEA provides no individual entitlement to children with disabilities whose parents have placed them in a private school when FAPE is not at issue, the law does require that an LEA spend a proportionate amount of its IDEA Part B funds to provide equitable services to this group of children, which could include direct and/or indirect services.[6] In making these decisions, IDEA requires that the LEA engage in timely and meaningful consultation to determine which children with disabilities from this group will be designated to receive special education and related services.[7] Therefore, it is possible that some of these parentally-placed private school children with disabilities will not receive any special education and related services.

This Q&A document updates and supersedes the Department's guidance, titled Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools issued in April 2011 and includes additional questions and answers that address topics that have arisen as the field continues to implement the applicable provisions of IDEA and its implementing regulations. Some of the new questions reflect recent policy letters, while others address common questions that OSERS has received from stakeholders. New topics include:

Equitable Services Providers - addressing personnel qualification requirements that apply to equitable services providers under IDEA.

Preschool Children with Disabilities - addressing the use of IDEA Part B funds for equitable services for preschool children with disabilities for whom FAPE has been made available.

Children Who Reside Out-of-State or Whose Parents Live in Other Countries - clarifying the requirements that apply to parentally-placed private school children with disabilities from other States and other countries who attend private schools in the United States.

State-funded School Voucher and Scholarship Programs - clarifying that children with disabilities who use State vouchers and scholarships to attend private schools are considered parentally-placed private school children with disabilities under IDEA and eligible for equitable services.

Extended Public School Closures - addressing the responsibilities of LEAs to provide equitable services to parentally-placed private school children with disabilities just as they have a responsibility to serve children with disabilities in public schools, as appropriate, during an extended public school closure.

The Department has determined that this document provides significant guidance under the Office of Management and Budget's Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007). Other than statutory and regulatory requirements included in the document, the contents of this guidance do not have the force and effect of law and are not meant to bind the public. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. In addition, it does not create or confer any rights for or on any person. The questions and answers in this document are not intended to be a replacement for careful study of IDEA and its implementing regulations. The IDEA, its implementing regulations, and other important documents related to IDEA and the regulations are found at:
https://sites.ed.gov/idea/ https://sites.ed.gov/idea/idea-files/questions-and-answers-on-serving-children-with-disabilities-placed-by-their-parents-in-private-schools/
Contents
A. Child Find and Individual Evaluations. B. Consultation with Private School Representatives and Representatives of Parents of Parentally-Placed Private School Children with Disabilities. C. Equitable Services. D. Provision of Equitable Services. E. Services Plans. F. Location of Services and Transportation. G. Equitable Service Providers. H. Out-of-State Children with Disabilities and Children with Disabilities Whose Parents Live in Other Countries. I. Home-Schooled Children with Disabilities. J. Preschool Children. K. State Voucher and Scholarship Programs. L. Children in For-Profit Private Schools. M. Extended Public School Closures. N. Proportionate Share Calculation for Equitable Services. O. Expenditures and Allowable Use of Funds. P. Property, Equipment, and Supplies. Q. Dispute Resolution: State Complaints, Mediation, and Due Process Complaints.
Authority: The requirements for child find for parentally-placed private school children with disabilities are found in 20 U.S.C. § 1412(a)(10)(A)(ii) and 34 C.F.R. § 300.131.

Authority: The requirements for consultation are found in 20 U.S.C. § 1412(a)(10)(A)(iii) and 34 C.F.R. § 300.134.

Authority: The requirements for equitable services are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. §§ 300.132, 300.137, and 300.138.

Authority: The requirements for the provision of equitable services are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. §§ 300.130, 300.132, 300.137(a), and 300.138.

Authority: The requirements for services plans are found in 20 U.S.C. §§ 1412(a)(10)(A)(i) and (vi) and 34 C.F.R. §§ 300.132(b) and 300.138(b).

Authority: The requirements for location of services and transportation are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. § 300.139.

Authority: The IDEA personnel qualification requirements and their applicability to equitable services providers are found in 20 U.S.C. §§ 1412(a)(10)(A)(vi) and 1412(a)(14) and 34 C.F.R. §§ 300.138(a) and 300.156.

Authority: The requirements for serving out-of-State children are found in 20 U.S.C. § 1412(a)(10)(A)(ii) and 34 C.F.R. § 300.131(f).

Authority: The requirements for serving children with disabilities enrolled by their parents in private schools are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. §§ 300.130 through 300.144.

Authority: The requirements for providing equitable services to children with disabilities enrolled by their parents in private schools are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. §§ 300.130 through 300.144.

Authority: The requirements for serving children with disabilities enrolled by their parents in private schools are found in 20 U.S.C. § 1412(a)(10) and 34 C.F.R. §§ 300.130 through 300.144.

Authority: The requirements for providing equitable services to children with disabilities enrolled by their parents in private schools are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. §§ 300.130 through 300.144.

Authority: The requirements for serving children with disabilities enrolled by their parents in private schools are found in 20 U.S.C. § 1412(a)(10) and 34 C.F.R. §§ 300.130 through 300.144.

Authority: The requirements for serving children with disabilities enrolled by their parents in private schools are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. §§ 300.130 through 300.144.

Authority: The requirements for calculating the expenditure of IDEA Part B funds for equitable services are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. § 300.133. Requirements for the cost principles governing the allowable use of Federal funds are found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200, Subpart E.

Authority: The requirements for property, equipment, and supplies are found in 20 U.S.C. § 1412(a)(10)(A)(vii) and 34 C.F.R. § 300.144.

Q. Dispute Resolution: State Complaints, Mediation, and Due Process Complaints

Authority: The requirements for the IDEA dispute resolution procedures applicable to children with disabilities placed in private schools by their parents are found in 20 U.S.C. § 1412(a)(10)(A) and 34 C.F.R. § 300.140.

[1] This Q&A document only addresses requirements under the IDEA related to equitable services for parentally-placed private school children with disabilities, including home-schooled children with disabilities as determined by State law. Children with disabilities also have rights under two civil rights laws that prohibit discrimination on the basis of disability-Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (Title II). Section 504 prohibits disability discrimination by recipients of Federal financial assistance, such as SEAs and LEAs. Title II prohibits discrimination by public entities, including SEAs and LEAs, regardless of receipt of Federal financial assistance. The Office for Civil Rights (OCR) in the U.S. Department of Education enforces Section 504 in public elementary and secondary schools. Also, in this context, OCR shares in the enforcement of Title II with the U.S. Department of Justice (DOJ). DOJ also provides technical assistance on the requirements of Title II. More information about these laws is available at: www.ed.gov/ocr and www.ada.gov.

[2] This Q&A document does not address requirements under the IDEA related to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services under 34 C.F.R. §§ 300.145 through 300.147. Further, this Q&A document does not address placement of children by their parents in private schools when there is a disagreement between the parents and a public agency about provision of a free appropriate public education (FAPE) to the child and the parent is seeking financial reimbursement for private school placement under 34 C.F.R. § 300.148.

[5] See Questions A-14 and Q-1.

[7] See Section B of this Q&A document and Question C-1.

[8] "Child with a disability" means a child who has been evaluated in accordance with 34 C.F.R. §§ 300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), an emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. 34 C.F.R. § 300.8.

[9] Under 34 C.F.R. § 300.30(a), the term " parent" means: (1) a biological or adoptive parent of a child; (2) a foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; (3) a guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); (4) an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or (5) a surrogate parent who has been appointed in accordance with 34 C.F.R. § 300.519 or Section 639(a)(5) of the IDEA. Under 34 CFR § 300.520(a), a State may provide that when a child with a disability reaches the age of majority under State law that applies to all children (except for a child with a disability who has been determined to be incompetent under State law), all rights accorded to parents under Part B of the IDEA transfer to the child.

[10] Personally identifiable information includes, but is not limited to, (a) the student's name; (b) the name of the student's parent or other family members; (c) the address of the student or student's family; (d) a personal identifier, such as the student's social security number, student number, or biometric record; (e) other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (f) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (g) information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. 34 C.F.R. § 99.3.

[11] The record retention requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards are located at 2 C.F.R. § 200.334.

[12] Under 34 C.F.R. § 300.202(a)(3), IDEA Part B funds provided to an LEA must be used to supplement, not supplant, State, local, and other Federal funds. Prior to 1992, the Part B regulations had included a "particular cost test" for determining whether supplanting occurred. The "particular cost test" was removed from the regulations by an amendment published in the Federal Register on August 19, 1992 (57 Fed. Reg. 37652).

[13] Although this document primarily addresses requirements related to children with disabilities placed by their parents in private schools, based on questions received from the field, the Department is clarifying circumstances under which an LEA may be obligated to provide FAPE, rather than equitable services, to preschool children with disabilities in private schools.

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Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools (rev. Feb 2022) - Individuals with Disabilities Education Act

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Topic Areas: Private SchoolQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools (PDF) PDFView PDFQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools (PDF)400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2800 www.ed.gov The Department of Education's mission is to promote student achievement and preparation...

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 Equitable services and preschool aged parentally placed private school students

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Equitable Services for Preschool Aged Students

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Equitable Services for Preschool Aged Students

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DRAFT Equitable services and preschool aged parentally placed private school students

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CALPADS Data for SWD in Private Schools Updated.pdf - September 20, 2022

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CALPADS Data for SWDs in Private Schools

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CALPADS Data for SWDs in Private Schools

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CALPADS Data for SWD in Private Schools Updated.pdf

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Letter sent by SELPA to all nonprofit private schools.

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Letter sent by SELPA to all nonprofit private schools.

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DOL Communication to Private Schools that have filed an affidavit through the California Department of Education and are located within DOL boundaries

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Certification of Parent's Decision not To Enroll in Public School - Initial

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Certification of Parent's Decision not To Enroll in Public School - Initial

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The DOR can provide this to parents to consider signing if there is an Exchange of Information and the parent states they are not interested in developing an IEP at the initial evaluation.

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Ceritification of Decision Not To Enroll

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This can be placed on District letterhead and provided to parents by the DOR IF there is an Exchange of Information and the parents have notified the DOR they are not interested in developing an IEP.

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Notification of Offer To Develop An IEP- Private School Letter .docx

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UNTANGLING REVISIONS TO THE PARENTALLY PLACED PRIVATE SCHOOL POLICY

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UNTANGLING REVISIONS TO THE PARENTALLY PLACED PRIVATE SCHOOL POLICY

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UNTANGLING REVISIONS TO THE PARENTALLY PLACED PRIVATE SCHOOL POLICY AND PROCEDURES

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Private School Guidelines - Roles and Responsibilities within the South East SELPA

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Private School Guidelines - Roles and Responsibilities within the South East SELPA

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This Guideline document provides a breakdown of roles and responsibilities related to private schools.

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Breakdown of Parentally Placed Private Sschool Procedures

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US Dept. of Ed: Provisions Related to Children WithDisabilities Enrolled by Their Parents in Private Schools

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US Dept. of Ed: Provisions Related to Children WithDisabilities Enrolled by Their Parents in Private Schools

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Provisions Related to Children With Disabilities Enrolled by Their Parents in Private Schools.pdf

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Private Schools Frequently Asked Questions

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Frequently asked questions regarding private schools in California.

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Although private schools of any size can file an Private School Affidavit (PSA), annual California budget language in Assembly Bill 1464 (Chapter 21, Statutes 2012, Item 6110-001-0001, Provision 1) limits the California Department of Education's (CDE's) compiling and sorting of data to schools with six or more students. Therefore, the Private School Directory and Affidavit information contained on this page only includes private schools with enrollments of six or more students reported on their PSA.

Private School Directory Information

List of Private Schools
Obtain a list of active private schools from the California School Directory. This list may be downloaded in Excel or text formats with options to include school contact information.

List of Nonpublic Nonsectarian Schools
Obtain a list of active nonpublic nonsectarian schools from the California School Directory. This list may be downloaded in Excel or text formats with options to include school contact information.

California School Directory
To obtain other lists of private schools such as elementary or high schools or closed schools, use the California School Directory's advanced search feature. Search results from the School Directory may be downloaded in Excel or text formats with options to include school contact information.

Private School Affidavit Information

Information on PSAs for the most recent five years are available below. Files for previous years, dating back to 1999-2000, are available upon request.

Private Schools - CalEdFacts

CalEdFacts: Private Schools
CalEdFacts is a compilation of statistics and information on a variety of issues concerning education in California.

Disclaimer

California law ( California Education Code Section 33190 ) requires private schools offering or conducting instruction at the elementary or secondary level to annually file an affidavit with the CDE.

Inclusion of a school in the above data reports and files should not be interpreted as meaning that the State of California, the State Superintendent of Public Instruction (SSPI), the State Board of Education, CDE, or any other agency has made any evaluation, approval, or endorsement of any school listed.

Last Reviewed: Monday, August 2, 2021

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Although private schools of any size can file an Private School Affidavit (PSA), annual California budget language in Assembly Bill 1464 (Chapter 21, Statutes 2012, Item 6110-001-0001, Provision 1) limits the California Department of Education's (CDE's) compiling and sorting of data to schools with six or more students.

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The California School Directory (Directory) contains information about California public schools, private schools (including nonpublic nonsectarian schools), school districts, and county offices of education. Visit the About the Directory web page to learn more.

If using a mobile device, consider using the CA Schools Mobile Application to search the Directory.

Use the field below to search by county, district, or school name, County-District-School (CDS) code, status, city, zip, type (school, district), or sector (public, private). Select the "Advanced Search" button below to see more advanced search options, such as searching for and obtaining a list of specific types of schools, or schools in a specific county or district, etc.

Search School Directory
Enter search criteria, such as a school or district name or CDS code. You may also enter characteristics such as "public," "private," "charter," "active," or "closed" to further specify your search criteria.

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The California School Directory (Directory) contains information about California public schools, private schools (including nonpublic nonsectarian schools), school districts, and county offices of education. Visit the About the Directory web page to learn more. If using a mobile device, consider using the CA Schools Mobile Application to search the Directory.

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Lozano Smith Podcast - Episode 55 Special Education - Private Schools and Alternatives to Public School Placements

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Lozano Smith Podcast - Episode 55 Special Education - Private Schools and Alternatives to Public School Placements

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Episode 55 Special Education - Private Schools and Alternatives to Public School Placements

In the wake of COVID-19, many families have experienced or explored new ways for their children to receive education. Lozano Smith attorneys Lauri Arrowsmith and Kaitlyn Tucker will examine the recent trend of more parents seeking alternative placements for their children with disabilities and how educational agencies should handle such requests, including those seeking placement at a private or home school. This episode will also address recent case law in the past year which provides meaningful directives on this issue.

1:43- Trends in placement requirements

3:28- Obtaining private placement

4:42- 10-day unilateral placement notice

5:49- Changes to plans and individual services plans (ISPs)

6:36- Capistrano v. S.W. 80 IDELR 31 (9th Cir. 2021)

11:02- Homeschooling

12:48- Independent study and students with disabilities

13:12- E. E. v. California (N.D. Cal. Nov. 4, 2021) (N.D. Cal. Feb. 28, 2022) Slip Copy. 2022 WL 597035

14:38- Independent study vs. home hospital

16:09- Potential issues

18:30 - Best practices and takeaways

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Episode 55 Special Education - Private Schools and Alternatives to Public School Placements In the wake of COVID-19, many families have experienced or explored new ways for their children to receive education.

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2024- 2025 Private School Provider Meeting Agenda

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2024-2025 Individual Service Agreement Offers

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2024-2025 Individual Service Agreement Offers

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2024-2025 Proposed PRIVATE SCHOOL SERVICES BY DISTRICT 

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Private Schools - Allowable Costs Proportionate Share, v. 2.1 (4).pdf

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The exclusion of FOR PROFIT Private Schools in Service Plans

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The exclusion of FOR PROFIT Private Schools in Service Plans

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2025-2026 School Year List of Non Profit Private Schools Located in SE SELPA Boundaries

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2025-2026 School Year List of Non Profit Private Schools Located in SE SELPA Boundaries

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These are the NON PROFIT Private Schools Located within the boundaries of LEAs within the South East SELPA.

LEAs must set aside a proportionate share of IDEA funds to serve students requiring special education and related students enrolled in NON PROFIT Private Schools within their LEA boundaries. These services are provided through a Service Agreement.

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You will need to request access to view this list.

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2024-205 School Year List of Nonprofit and For Profit Private Schools in SE SELPA

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2024-205 School Year List of Nonprofit and For Profit Private Schools in SE SELPA