If a student attends a nonpublic school outside of the school corporation of legal settlement, who is responsible for conducting an evaluation?
IDEA ’04 did not change a parent’s right to request an evaluation for special education and related services from their school corporation of legal settlement, even if the student attends a nonpublic school outside of the corporation. A parent may request an evaluation from the school corporation where the non-public school is located and/or from their school of legal settlement. All students who are determined eligible for special education have the right to a free, appropriate public education (FAPE). However, the school district of legal settlement is the only agency that offers FAPE, or full public school services. The service plan is delivered by the school corporation serving the nonpublic school based on an agreement between the public agency and the nonpublic school.
