Does the LEA where the private school is located have an obligation to make an offer of FAPE?
The LEA where a child attends private school is responsible for ensuring equitable participation. If a parentally-placed private school child also resides in that LEA, then the LEA would generally be responsible for making FAPE available to the child, unless the parent makes clear his or her intent to keep the child enrolled in the private elementary or secondary school located in the LEA. If a parentally-placed private school child resides in a different LEA, the district in which the private elementary or secondary school is located is not responsible for making FAPE available to that child. If a determination is made through the child find process by the LEA where the private school is located that a child needs special education and related services and a parent makes clear his or her intent to keep the child enrolled in the private elementary or secondary school located in another LEA, the LEA where the child resides need not make FAPE available to the child. F. Highly Qualified T
Related Questions
- Is there a specified geographic distance that private schools must be located within the LEA to require equitable participation in grant projects?
- Does the LEA where the private school is located have an obligation to make an offer of FAPE?
- Can an LEA use unexpended private school funds at the end of the project period?
