• IDEA and Nonpublic/Private Schools

    The IDEA assigns responsibility for determining equitable participation to the LEA where the private school is located. Provisions for services are made by the LEA for those students with disabilities attending a private school within its geographic boundaries by providing them with special education and related services, including direct services determined in accordance with 34 CRF 300.137.

    Each LEA with private schools within its boundaries will receive a proportionate share calculation, if the private schools enters a count of "eligible" students into the Nonpublic Data System (NPDS). To enter the data in NPDS, the nonpublic schools must log into their SAFE account.

    The data entered will be used for the proportionate share calculation.  The number includes all eligible students that have been identified, including students who may be attending a private school as part of a scholarship program such as the Autism Scholarship Program (ASP) or the Jon Peterson Special Needs Scholarship (JPSNS). "Eligible" means a student who has been evaluated (ETR) and found to be a student with a disability.



    LEAs are required to meet, on a regular basis, with all the private schools located within their boundaries to discuss levels of needs and services; 

    Students with disabilities (SWD) receiving a scholarship may be considered for service as long as the service is not already covered by their IEPs;

    If the LEA determines it will provide additional services to a SWD who is receiving a scholarship, the LEA must develop a second services plan which details the services to be provided.