Abstract

Although public schools have both the obligation and ability to provide free and appropriate public education (FAPE) for all children and youth with disabilities enrolled in public schools, their obligation does not end there. Children with disabilities enrolled by their parents in private schools do have certain rights to services under the Individuals with Disabilities Education Act (IDEA), and it is expected that public schools will engage in meaningful consultation with private school officials and parents to ensure that those rights are met. In that light, this article summarizes specific requirements of IDEA for students enrolled in private schools, with an emphasis on those students enrolled in faith-based schools, and changes introduced in IDEA 2004. Although it is clear that the extent to which IDEA does apply to children in private schools is limited, there are clear implications for the amount of federal flow-through funds that are available for the provision of special education services to this group of students. Specific suggestions for cooperation between public schools and private school personnel are suggested, with the goal of maximizing the IDEA benefits for children with disabilities in private schools.

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