The reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004 and the subsequent 2006 IDEA regulations significantly changed the obligation of States and local education agencies (LEAs) to children with disabilities enrolled by their parents in private elementary and secondary schools. §612(a)(10)(A) of the Act and 34 CFR §§ 300.130 – 300.144 require LEAs, in which the private schools are located, conduct child find and provide equitable services to parentally-placed private school children with disabilities. In Pennsylvania, intermediate units (IUs) serve as the LEAs for equitable participation.
IDEA mandates that the LEAs (IUs) where the private schools are located, must conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private elementary schools and secondary schools to calculate the proportionate amount of Federal funds under Part B of the Act that must be spent on parentally-placed private school children with disabilities. Furthermore, after timely and meaningful consultation with representatives of private elementary and secondary schools, and parents of parentally-placed private school children with disabilities there is an obligation that the LEA (IU) will spend a proportionate amount of funds to provide services to children with disabilities enrolled by their parents in private schools. The amount of funds available for equitable participation is now based on the total number of children with disabilities who are enrolled in the private schools located in the LEA (IU) whether or not the children and their parents reside in the LEA (IU).
The following links provide additional information about Equitable Participation.
Equitable Participation Regulations
Equitable Participation Questions and Answers
Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools (United States Department of Education)