POLICY LETTER: July 1, 2003 to individual (personally identifiable information redacted)
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July 1, 2003 to individual (personally identifiable information redacted) (MS Word)
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July 1, 2003 to individual (personally identifiable information redacted) (MS Word)
Dated July 1, 2003I am writing in response to a series of letters you have written to the Department. I hope the following information is helpful. Your main question throughout these letters appears to be whether there is an entitlement under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., which would allow parents to choose any private school that is part of a choice program, and have special education and related services provided at that school. In your letters, you cite the provision in 34 C.F.R. 300.552(c), which requires that each public agency ensure that unless the IEP of a child with a disability requires some other arrangements, the child is educated in the school he or she would attend if nondisabled.I first note that 34 C.F.R. 300.552(c) was developed in the context of special education programs within local education agency (LEA) schools, and not choice programs. However, even with regard to LEA programs, the IDEA does not require that LEAs make all services needed by all students with disabilities available at all locations. Moreover, the IDEA does not require that private schools provide special education and related services that meet the needs of all students with disabilities, and it does not require that States certify all private schools to provide services to all students. In Letter to Reedy, 16 IDELR 1364 (OSEP 1990), the Office of Special Education Programs responded to the question of whether private schools serving students in Vermont are bound by the same admission and discipline policies that apply to public schools. OSEP explained that if a private school or facility is unable or unwilling to provide an appropriate educational program for a child who is disabled, the public agency remains responsible for providing, or ensuring the provision of, a FAPE to that child, either by locating another appropriate private school placement for the child or by educating the child in a public agency program.The United States Court of Appeals for the Second Circuit agreed with the policy in Letter to Reedy that private schools are not subject to the same admission policies that apply to public schools. St. Johnsbury Academy v. D.H. et. al., 240 F.3d 163 (2nd Cir. 2001). In St. Johnsbury Academy, a parent contested a private school's policy that students had to perform at or above the fifth grade level before being assigned to the Academy's ninth grade mainstream academic classes. The Court held that, although the public school was responsible for making a free appropriate public education (FAPE) Finally, in response to your question, the Office of Civil Rights (OCR) address where we sent the February 26, 2003 letter is:U.S. Department of EducationOffice for Civil Rights330 C Street, S.W.Washington, D.C. 20202As you requested, we are forwarding a copy of your February 27, 2003 letter to OCR, along with a copy of this letter. I hope this information is helpful. Sincerely,/s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education Programscc: Vermont Department of Education U.S. Department of Education, Office for Civil Rights Page PAGE 3
TOPIC ADDRESSED: Least Restrictive Environment
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
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Last modified on April 27, 2017