Kent ISD January 12, 2010

 In Michigan, the Auxiliary Services Act requires public schools to provide certain services to nonpublic schools located within their boundaries.  Auxiliary services includes special education ancillary services, evaluation and child find.  Key Concept: For nonpublic students the offer of a free and appropriate public education (FAPE) through an IEP is the responsibility of the student’s resident district wherever that may be.

 Evaluation and determination of special education eligibility of a nonpublic student is provided with the same procedural safeguards as for a public school evaluation:  Referral  Consent to evaluate  Review of existing data as appropriate  Evaluation  Discuss results and likely outcomes with parents  Present data, determine eligibility at meeting  A special education evaluation and determination of eligibility is not complete until presented to an IEP or Service Plan Team meeting, and the team decision is documented on an IEP or Nonpublic Service Plan.

 Historically, Michigan Department of Education (MDE) policy has used a “services-only IEP” for provision of special education services with no programming to local nonpublic students. . “Nonpublic Service Plans… ya ever hear of em?” Key Change: In the IDEA, the provision of services to nonpublic students can be written in a more efficient Nonpublic Service Plan, now accepted by MDE.

 When the evaluation indicates educational needs necessitating special education, the nonpublic parent may choose to: 1.Enroll the student in the resident public district to help develop an IEP with special education programs (and possibly services) 2.Decline all special education 3.Decline all programs and accept a Nonpublic Service Plan for ancillary services from the public district of location

 If student requires a special education program an IEP must be developed and a program provided in the resident district.  Students who are dually enrolled in resident public district (for non-core classes) and nonpublic school receive programs and/or services in the resident district.  Pre-K students are the responsibility of the resident district and receive programs and/or services through an IEP.

 Resident nonpublic student - The initial eligibility determination, initial offer of a FAPE through special education, and the parent decision to decline all special education should be documented on an IEP form.  Nonresident nonpublic student - The initial eligibility determination, initial offer of special education, and the parent decision to decline special education ancillary services should be documented on a Nonpublic Service Plan form.

 Resident and nonresident nonpublic students – The public district of location develops a Nonpublic Service Plan for special education ancillary services (only). “Now when the nice lady from the public school comes, be nice …or we’ll have to talk about it…”

Key Comparisons IEP in Resident District Service PlanLinks Invitation to MeetingYes Invitation Form Planning TeamIEP Team Service Plan Team Written PlanIEPService Plan Annual ReviewsYes Parent declines initial offer of special education – resident Document on IEP Document on IEP Staff Procedure Table Parent declines initial offer of special education – nonresident ---- Document on Service Plan 3-year Reevaluation - student has IEP or Service Plan Yes More Later 3-year Reevaluation - parent has declined all Plans Offer to parent

Key ComparisonsIEP in Resident DistrictService Plan Present level - PLAAFPYes“Mini” PLAAFP ProgramsAvailable as appropriateNo Ancillary servicesAvailable as appropriateYes Goals and objectivesYesSame forms as IEP AccommodationsAvailable as appropriateNo Postsecondary transitionAvailable as appropriateNo State/district assessmentAvailable as appropriateNo Extended school year (ESY)Available as appropriateRare but possible Special transportationAvailable as appropriateWithin public district to access services Parent and district signaturesYes See Form

 The public district of location must offer a redetermination of eligibility at least every 36 months to eligible nonpublic students, even if not currently receiving services. . Use Redetermination of Eligibility for a Nonpublic School Student form. See Form

 No participation regarding an IEP or Nonpublic Service Plan meeting following the evaluation:  Resident student - the district should document in a letter sent to the parent for signature:  Its offer to conduct an IEP Team/Nonpublic Service Plan meeting  Acknowledgement that procedural safeguards have been provided  If parent still refuses to respond or sign, then convene the IEP Team meeting on time and send the proposed IEP or Nonpublic Service Plan to the parent to document the process.  Nonresident student – as above, similarly document an offer of services in the nonpublic school.

When a nonpublic parent decides that the student will not receive special education, is it a revocation of consent:  When declining an initial offer of a Service Plan or IEP? …NO, as there is no initial consent to provide current service to revoke. Document the decision to decline as given previously.  When terminating PART of a Nonpublic Service Plan or IEP? …NO, the proper procedure would be to rewrite or amend the Service Plan or IEP to reflect remaining programs or services.  When terminating ALL provisions of a Nonpublic Service Plan or IEP after services have started? …YES, use the Revocation of Consent forms.

 An evaluation of a nonpublic student is still an initial evaluation if a prior evaluation was done:  By a private school or other private provider  By a public school and the student was found to be ineligible  By a public school and the student was found to be eligible, but the parent revoked consent for the provision of all special education programs/services

 Evaluation data should be identical.  For reporting purposes, local data systems should log Nonpublic Service Plans as IEPs to help track invitations, date of last plan, etc. . Vendor issues might occur if a student management data program requires IEP elements not in a Service Plan.

 The public district of location cannot communicate any information regarding its evaluation of the student to the resident district without parental consent.  If the nonpublic parent does not, or refuses to, inform the resident district that their child is a student with a disability, then the resident public district has no obligation to offer a FAPE.

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