Private, Religious, and Home Schools
 

What's Required
 

Katy ISD is required to locate, identify and evaluate all students with disabilities enrolled in private schools located within Katy ISD boundaries 34 CFR 300.131(a) and USC 1412(a)(10)(A)(i).   In addition, Katy ISD must consult with parents and private schools 34 CFR 300.134 and USC1412(a)(10)(A)(iii) and determine how much funding is available, 34 CFR 300.130 and USC1412(a)(10)(A)(i)(I)   who will be served and what services will be provided 34 CFR 300.134(c) and USC 1412(a)(10)(A)(iii)(III).

The term "parentally-placed private school children with disabilities" means children with disabilities enrolled by their parents in private, including religious schools or facilities 34 CFR 300.131(a).

The term "private school" is defined as a private elementary or secondary school, including any pre-school, religious school, and institutional day or residential school: 19 TAC 89.1096 (a)(1).

• Is a nonprofit entity: 19 TAC 89.1096(a)(1)(A)
  The term "nonprofit," as applied to an agency, organization, or institution, means that it is owned or operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity; and 34 CFR 77.1(c)
• Provides elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of children's progress: TAC 89.1096(a)(1)(B) The term "elementary school" means a nonprofit institutional day or residential school that provides elementary education, as determined under State law; and 34 CFR 300.130

The term "secondary school" means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12 34 CFR 300.36.

In order to be considered a private school, a home school must provide elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of children's progress, but is not required to be a nonprofit entity TAC 89.1096(a)(2), TAC 89.1096(a)(1)(B) , and TEA Private School Guidance

Each school district must locate, identify, and evaluate all students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district. The child finding process must be designed to ensure (1) the equitable participation of parentally-placed private school children and (2) an accurate count of those children 34 CFR 300.131(a).

The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if the school district has met its obligation under 34 CFR 300.133.

Child Find Procedures for Private Schools:

What We Do

• The Katy ISD Special Education Office maintains a database of students that attend a private/home school program. 
• Parents are contacted by letter/email at the beginning of each school year to ask if they would like to receive identified services for students who meet eligibility.
• Parents complete a document indicating that they are interested in receiving services.
• Parents are contacted to schedule an Individual Service Plan (ISP) meeting for students who are eligible for identified services.
• Parents are notified to schedule a 3 year re-evaluation by the home campus Diagnostic Specialist or Speech Pathologist to schedule a date for the re-evaluation. 
• Students who attend private schools located within Katy ISD are eligible for referral, evaluation and determination of eligibility for special education regardless of the child's district of residence.
• In Texas, home schools are considered private schools.
• For students presently attending a private school, parents can request an evaluation by contacting the Instructional Officer for Speech-Language Therapy Services in the Katy ISD Special Education Office to complete a Request for Evaluation.   Once completed, the request for special education evaluation is forwarded to the home campus Diagnostic Specialist or Speech-Language Pathologist so that the parent can be contacted to start the evaluation process.
• The evaluation will be completed within 45 school-days of initial parent consent.
• The ARD/IEP meeting will be held within 30 calendar days of the competition of the evaluation.
• Students must be enrolled in Proportionate Share Services by the last day of October in order to participate.

For information on Referral and Evaluation for special education services for students parentally enrolled in private schools, refer to Pre-Referral or Referral guidelines.

Provision of Services for Students Placed by their Parents in Private Schools or Facilities

What's Required

No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school 34 CFR 300.137(a) and 19 TAC 89.1096(a). Parentally-placed private school children with disabilities may receive a different amount of service than children with disabilities in public schools 34 CFR 300.138(a)(2).

When a child with a disability placed by parents in a private school is referred to the local school district, the local district shall convene for an Admission, Review, and Dismissal/Individualized Education Program (ARD/IEP) committee meeting to determine whether the district can offer the student a Free Appropriate Public Education (FAPE)19 TAC 89.1096(a). The district is not responsible for providing educational services offered by the ARD/IEP committee for the child to receive a FAPE until such time as the child's parents choose to enroll the child in the Local Education Agency (LEA) full time. After ensuring timely and meaningful CONSULTATION, the LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities ( 34 CFR 300.137(b).)

If the district in which the private school is located designates a parentally-placed private school child, including an eligible child ages three or four whose parents declined dual enrollment, to receive special education and related services, the district must: (34 CFR 300.132(b) 34 CFR 300.137(c), and 19 TAC 89.1096(d))

• Initiate and conduct meetings to develop, review, and revise a service plan for the child (34 CFR 300.37, and 34 CFR 300.137(c)(1));
  • Describe the specific special education and related services that the LEA will provide to the child in light of the services the LEA determined would make available to parentally-placed private school children; (34 CFR 300.138(b)(1))
  • Ensure that a representative of the religious or other private school attends the meeting; (34 CFR 300.137(c)(2)).

Use other methods to ensure the participation by the religious or other private school, including individual or conference telephone calls if the representative cannot attend; (34 CFR 300.137(c)(2)).

Services may be provided on private permits, including religious schools, to the extent consistent with law (34 CFR 300.139(a), ) and 20 USC 1412(a)(10)(A)(i)(III).

Each LEA must maintain its records and provide to the Texas Education Agency (TEA): The number of children served under this framework (34 CFR 300.132(c)) and 20 USC 1412(a)(10)(A)(i)(v).

Parents of parentally-placed private school students are not entitled to receive a due process hearing to challenge the contents of a Services Plan.  Due Process is available to challenge the Child Find process (see Concern Process for additional information on due process procedures).

Parents may file a complaint with the TEA regarding the district's failure to meet private school consultation requirements. The complaint must be filed with the school district in which the private school is located and a copy must be forwarded to TEA (see Concern Process for additional information complaint procedures).

What We Do?
 
Special Education Services for Private School Students Residing in Katy ISD:

An ARD/IEP committee will meet to review the results of an evaluation and to determine eligibility for special education services of a child ages 3-21 who has been placed by a parent in a private school located within the attendance boundaries of the district. If a parent makes it clear at the ARD/IEP committee meeting that they will not enroll the student full time in the public school, an IEP offering FAPE does not need to be developed. However, Katy ISD would continue to have an obligation to consider a student with disabilities for special education services under an Individual Services Plan.

The Individual Services Plan (ISP):

Once proof of a child's eligibility for special education services is on file with the district, the Instructional Officer for Speech-Language Therapy Services  will coordinate scheduling an Individual Service Plan (ISP) meeting with the parent and the private school to develop the child's Individual Services Plan. All services provided must be linked to measurable goals and benchmarks established for the student as a part of the plan. The service provider will monitor progress toward the annual goal/s and share the student's progress with the parent as outlined in the ISP. The ISP is required to contain all the elements of a traditional IEP that are appropriate to the student and services provided. The ISP Committee is comprised of all members required for any ARD/IEP committee meeting conducted in the district, but must also include input from a representative of the private school. Notice of the ISP meeting must be provided to the parent/ adult student at least five school days in advance of the meeting.

Private School Services for Private School Students Residing Outside of Katy ISD:

The 2004 Reauthorization of The Individuals with Disabilities Act (IDEA) requires school districts to provide special education services to students with disabilities who reside outside of the district's boundaries, but attend private schools within the district's jurisdiction. The process for requesting services for a student residing out of the district, but enrolled in a private school located within the district are the same as those for a student residing in the district with the following exception: If a child with disabilities was evaluated by a district other than Katy ISD, the parent must provide a copy of the child's current public school evaluation and most recent ARD/IEP committee meeting before the district may provide services to the child.

The Consultation Process:

The district is required to "timely and meaningfully" consult with representatives of private schools during the design and development of special education and related services for parentally-placed private school children. The district's consultation meeting is held annually in June. At this meeting, the required consultation topics will be discussed, services will be reviewed, and input will be solicited for determination of the special education services to be provided to private school students with disabilities.

For further information regarding services to students with disabilities enrolled in private schools located within the district's jurisdiction, contact:  Holly Meredith, Instructional Officer for Speech-Language Therapy Services at 281-396-2610.