Private/Non-Public School Procedures

Framework (What’s Required):

  • HISD is required to locate, identify and evaluate all students with disabilities enrolled in private schools located within HISD boundaries 

    34 CFR 300.131(a) and USC 1412(a)(10)(A)(i). In addition, HISD 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 private elementary or secondary school, including any pre-school, religious school, and institutional day or residential school that: 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 including a public elementary charter 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, 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 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 find 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.

Persons Responsible:

    • Program Specialist, Team Lead, Compliance
    • Senior Manager, Compliance

Timelines:

Methods (What We Do):

  • Procedure for completing documentation for students that attend a private school within the boundaries of Houston Independent School District.

    1. A student must have a current public school evaluation (within three years) and an initial ARD/IEP committee meeting in order to establish eligibility for special education services. 
    2. Submit the Individual Student Needs Document.
    3. After receipt of the Individual Student Needs Document, Full and Individual Evaluation and ARD/IEP document Suzanne Chamberlain will organize a team member to conduct the Services Plan meeting. If the student has multiple disabilities Ms. Chamberlain will contact the

    Special Education manager of that specialization to provide a team member to attend the Services Plan meeting.

    1.  Private School Administrator must sign the Affirmation Consultation and Participation Document.
    2.  Private School Team will schedule a meeting with the parent to develop the child’s Individual Services Plan.

    Procedure for submitting an Out of District Evaluation for students that attend a private school within the boundaries of Houston Independent School District:

    1.  A student must have a current publicschool evaluation (within three years) and an initial ARD/IEP committee meeting in order to establish eligibility for special education services. 
    2. Submit the Individual Student Needs Document.
    3. After receipt of the Individual Student Needs Document, Full and Individual Evaluation and the ARD/IEP document Suzanne Chamberlain will review the data to make sure that all data has been provided.  Ms. Chamberlain will contact the private school staff members if the complete ARD/IEP and Full and Individual Evaluation have not been provided. After receipt of the Individual Student Needs Document, Full and Individual Evaluation and ARD/IEP document, Ms. Chamberlain will submit this data to the Evaluation team.
    4. Upon receipt from the Evaluation team that the Out of District Evaluation has been approved an Enrollment document must be submitted by the private school staff.  A Services Plan meeting will be scheduled after the Enrollment document has been received. 
    5. If the student has multiple disabilities Ms. Chamberlain will contact the

    Special Education manager of that specialization to provide a team member to attend the Services Plan meeting.

    1.  Private School Administrator must sign the Affirmation Consultation and Participation Document.

     Private School Team will schedule a meeting with the parent to develop the child’s Individual Services Plan.

    Special Education Services for Private School Students Residing In HISD
    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, HISD would continue to have an obligation to consider a student with disabilities for special education services under an Individual Services Plan.

    To request special education services for a child with disabilities enrolled in a private school, the parent and private school complete, sign, and submit the current Individual Student Needs Form, and submit it to the district following the guidance on page 3 of the form. Before any services can be delivered to the child, the private school must complete, sign, and submit the Affirmation of Participation and Consultation Form, certifying the facility meets the federal and state definition of a private school and that consultation requirements have been met.
    The Individual Services Plan (ISP)
    Once the Individual Student Needs Form, Affirmation Form and proof of a child’s eligibility for special education services are on file with the district, the Office of Special Education Services will schedule a meeting with the parent and the private school to develop the child’s Individual Services Plan (ISP). All services provided must be linked to measurable goals and benchmarks established for the student as a part of the plan. For a student with an ISP, 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 to the 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 HISD
    The 2004 Reauthorization of The Individuals with Disabilities Education 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 HISD, 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 will be held in the spring.  At this meeting, the required consultation topics will be discussed, procedures and timelines to request private school 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.

    Private School Services for Eligible Students Ages 3 or 4 Whose Parents Decline Dual Enrollment
    Parents of an eligible student ages 3 or 4 who decline dual enrollment for their child may request a services plan using the same process as described above for students residing within and outside of the district. The school district where the private school is located is responsible for the development of a services plan if the student is designated to receive services. For further information regarding services to students with disabilities enrolled in private schools located within the district’s jurisdiction contact: Team Lead Compliance, Office of Special Education Services at 713-556-7025.

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