Children in Non-Public Schools
Special Education and Non-Public Schools
Pursuant to section 3602-c of Education Law:
If you are a resident of this school district and you have placed, or are considering placing, your child who has a disability or is suspected of having a disability in a nonpublic school for which you would be paying tuition. The federal Individuals with Disabilities Education Act (IDEA) and State law require the school district where the nonpublic school is located to assume responsibility to provide special education services for your child. The following information is important for you to know:
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If you place your child in a nonpublic school and wish your child to receive special education services while enrolled in that school, you must request those services in writing no later than June 1 before the school year in which services are to be provided. If your child is first identified as a student with a disability after June 1 and before April 1 of the current school year, you may submit your request within 30 days after your child is first identified.
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Transportation requests to and from your child's home to the nonpublic school should continue to be submitted to us (i.e., the school district where you legally reside) by April 1 of the school year before transportation is to be provided in accordance with district policy.
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If you have placed your child in a nonpublic school and, while the child is enrolled in that school, you suspect that your child has a disability and you wish to have your child evaluated to determine if special education services are needed, you must contact the school district where the nonpublic school is located to request an evaluation to determine your child's eligibility for special education services.
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In order for us to share special education information about your child with the school district where the nonpublic school is located, we must have your written consent.
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If the nonpublic school where you place your child is located within the geographic boundaries of another public school district, the public school district in which the nonpublic school is located will arrange for and provide the recommended services for your child, including conducting special education individual evaluations, Committee on Special Education (CSE) meetings and developing an individualized education services program (IESP). An IESP must be developed in the same manner and with the same contents as an individualized education program (IEP). It is called an IESP to distinguish it from the IEP that would be developed if your child were reenrolled in our public school district.
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If the nonpublic school where you place your child is located within the geographic boundaries of our public school district, we will continue to provide special education services to your child, pursuant to an IESP.
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If you are a resident of New York State and the nonpublic school where you place your child is located in another state, your child may not be entitled to any or all of the special education services he/she might have received if enrolled in a public school. In this case you must contact the school district in the other State where the school is located and they must determine your child’s eligibility for services and develop a Services Plan, which will indicate the services to which you are entitled.
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If you have a dispute regarding special education evaluations or services provided for your child by the school district where the nonpublic school is located, you should pursue resolution of these disputes with that school district.