• The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law; and

• The term "secondary school" means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.

• Timely and meaningfully consult with representatives of private schools; and

• Conduct a thorough and complete CHILD FIND process.

• The number of children evaluated under this framework; and

• The number of children determined to be children with disabilities under this framework.

The cost of carrying out CHILD FIND, including evaluation, may not come out of the proportionate amount of funds required to be spent on services to children with disabilities who are placed by their parents in private schools.

• The funds used to provide special education and related services under this framework; and
  

• The title to materials, equipment, and property purchased with those funds.

SERVICES TO BE PROVIDED (With the Proportionate Amount of Funds)

Services may be direct to parentally placed private school children.

• On the premises of private, including religious, schools, to the extent consistent with law;

• Directly by employees of a public agency; or

• Through contract by the public agency with an individual, association, agency, organization, or other entity.

• The number of children served under this framework.

• The child find process and how parentally placed private school children suspected of having a disability can participate equitably;

• How parents, teachers, and private school officials will be informed of the process;

• The determination of the proportionate amount of federal funds available to serve parentally placed private school children with disabilities under this framework;

• The determination of how the amount was calculated;

• The consultation process among the LEA, private school officials, and representatives of parents of parentally placed private school children with disabilities;

• How the consultation process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;

• How, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities;

• A discussion of types of services, including direct services and alternate service delivery mechanisms, how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made; and

• How, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the LEA must provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.

When timely and meaningful consultation has occurred, the LEA must:

• Obtain a written affirmation signed by the representatives of participating private schools; or

• If such representatives do not provide written affirmation within a reasonable period of time, forward the documentation of the consultation process to the TEA.

A private school official has the right to submit a complaint to the TEA that the LEA did not:

• Engage in consultation that was meaningful and timely; or

• Give due consideration to the views of the private school official.

The complaining private school official must provide the basis of the noncompliance to the TEA.

The LEA must forward the appropriate documentation to the TEA.

• The official may submit a complaint to the U.S. Secretary of Education by providing the basis of the noncompliance to the Secretary; and

• In the event of a complaint to the Secretary, the TEA must forward the appropriate documentation to the Secretary.

DUAL ENROLLMENT

Dual enrollment is when a parent of a child with a disability enrolls the child in both the public and private school.

To dually enroll, the child must meet the age requirements:
 

• Begins on the child's third birthday;
  

• Continues until whichever comes first: 
  

• The end of the school year in which the child; turns five; or

• When the child is eligible to attend the LEA's kindergarten program.
  

The LEA must comply with the ARD COMMITTEE frameworks.

From the IEP, the parent and the LEA must determine:

• Based on the requirements concerning placement in the LEAST RESTRICTIVE ENVIRONMENT, and the policies and procedures of the LEA:

• Which special education and/or related services will be provided to the child; and

• The location where those services will be provided.

The LEA must provide special transportation with federal funds only when the ARD COMMITTEE determines that the condition of the child warrants the service in order for the child to receive the special education and related services (if any) set forth in the IEP.

Complaints regarding the implementation of the components of the child's IEP that have been selected by the parent and the LEA may be filed with the TEA.