Do Private Schools Have to Follow IEPs?

The landscape of education for students with disabilities is complex, with specific legal requirements and varying practices across schools. One common question parents often ask is, “Do private schools have to follow IEPs?” This article aims to provide a clear, comprehensive answer, exploring the legal framework, specific requirements, and parental rights.

Understanding IEPs and Their Importance

An Individualized Education Program (IEP) is a legally binding document that outlines the educational plan for a student with a disability. It details the student’s specific needs, goals, and the services and accommodations required to ensure a Free Appropriate Public Education (FAPE). IEPs are critical tools for ensuring that students with disabilities receive the support they need to succeed academically and socially.

Legal Obligations for Private Schools: A Nuanced Landscape

The answer to whether private schools must follow IEPs is not a simple yes or no. The legal obligations vary depending on several factors, including whether the school receives federal funding and the specific circumstances of the student’s enrollment.

Federal Laws and Private Schools

• Individuals with Disabilities Education Act (IDEA): This federal law guarantees FAPE to students with disabilities in public schools. While IDEA does not directly apply to private schools, there are certain circumstances where it can influence a private school’s obligations. For instance, if a student is placed in a private school by a public school district (a “private placement at public expense”), the private school must adhere to the IEP developed by the public school.
• Section 504 of the Rehabilitation Act: This civil rights law prohibits discrimination against individuals with disabilities in programs or activities that receive federal funding. This means that even private schools that do not receive direct federal funding may still be required to provide reasonable accommodations to students with disabilities under Section 504.
• Americans with Disabilities Act (ADA): The ADA is another civil rights law that prohibits discrimination based on disability. While it doesn’t mandate specific educational services like an IEP, it requires private schools to ensure equal access for students with disabilities.

IEP Requirements in Private Schools: When They Apply

When a private school is obligated to follow an IEP, it must adhere to the same requirements as public schools. This includes:

• Developing an IEP: In collaboration with parents, teachers, and relevant professionals, the school must develop an IEP that outlines the student’s unique needs, goals, and the services required to meet those needs.
• Implementing the IEP: The school must provide the services and accommodations outlined in the IEP in a timely and effective manner.
• Monitoring and Reviewing the IEP: The IEP team must regularly monitor the student’s progress and review the IEP to ensure it remains appropriate and effective.

Accommodations and Modifications

Private schools that follow IEPs must provide reasonable accommodations and modifications to ensure the student can access the curriculum and participate fully in school activities. Examples of accommodations may include extra time on tests, preferential seating, or assistive technology. Modifications may involve changes to the curriculum or assignments to match the student’s abilities.

Least Restrictive Environment (LRE)

Under IDEA, students with disabilities are entitled to be educated in the least restrictive environment (LRE) appropriate to their needs. This means they should be educated with their non-disabled peers to the maximum extent possible. While private schools may have more flexibility in LRE decisions, they must still consider the LRE principle when making placement decisions.

Parental Rights and Dispute Resolution

Parents play a crucial role in the IEP process. They have the right to participate in IEP meetings, provide input, and disagree with decisions made by the school. If a dispute arises, parents can pursue mediation or a due process hearing to resolve the issue.

Frequently asked questions about IEPs in private schools

1. Are private schools required to provide special education services like public schools?

Generally, private schools are not required to provide special education services under the Individuals with Disabilities Education Act (IDEA). However, if a student with an IEP is placed in a private school by the public school district (private placement at public expense), the private school must adhere to the IEP and provide the services outlined within it.

2. Do private schools have to accept students with IEPs?

Private schools are not obligated to accept students with IEPs. However, they cannot discriminate against students with disabilities solely based on their disability. This means they must consider each student’s individual needs and determine if they can reasonably accommodate them.

3. Does my child’s IEP from public school transfer to a private school?

If a student with an IEP transfers to a private school, the IEP does not automatically transfer. However, the IEP can serve as a helpful starting point for discussions with the private school regarding the student’s needs and the development of an appropriate plan within the private school context.

4. What if a private school refuses to provide the services my child needs under their IEP?

If a private school refuses to provide necessary services outlined in an IEP, parents can explore several options:

• Negotiate with the school: Try to reach an agreement with the school on how to provide appropriate services and accommodations.
• Contact the state education agency: File a complaint with the state education agency, which may have jurisdiction over private schools and can investigate the situation.
• Consult an attorney: Seek legal advice to understand your rights and options under federal and state laws.

5. Can my child receive special education services at a private school even if the school doesn’t follow IEPs?

Yes, even if a private school doesn’t follow IEPs, they may still offer some special education services or accommodations. These services may not be as comprehensive as those provided under an IEP, but they can still be beneficial for students with disabilities. Parents should inquire about the school’s specific policies and procedures regarding special education services.

Conclusion

Whether a private school must follow an IEP depends on several factors, including federal funding and the specific circumstances of the student’s enrollment. However, even when not legally obligated, many private schools choose to offer similar services and accommodations to support students with disabilities.

Parents of students with disabilities considering private school should carefully research the school’s policies and procedures regarding IEPs and special education services. They should also ask for a written agreement outlining the school’s commitments to ensure their child receives the necessary support to succeed.