Module 6: Parental Placement December 1 Child Count

Parentally-Placed Private School Students The parent, NOT the local education agency (LEA), places the student in a private school, home school, or residential facility for non-educational reasons. The parent requests special education services from the LEA and the LEA develops a services plan based on the proportionate set-aside dollars calculated for the LEA.

Who Is Responsible? The school division is responsible for providing special education services to any student within the division’s jurisdiction. LEAs report all students parentally-placed in private schools on the December 1 Child Count. preschool students, ages zero through five school age students, ages six through 21

Report parentally-placed students as follows: The responsible division and the serving division is the division that provides the special education services. The responsible school and serving school is the school the student would attend if he or she was in the division (age and grade appropriate). Report Y for parentally-placed flag when students are placed in residential setting for non- educational reasons. Regular class percent should be zero (0).

Parentally-Placed in Private Preschools Preschool aged children may be parentally-placed in a private school. For the school to qualify as a private elementary school, it must be nonprofit and must provide a curriculum that aligns with the Virginia Foundation Blocks and provides developmentally appropriate instruction. Virginia state law, the Code of Virginia, does not include or exclude pre-schools in its definition of "elementary school.“ (8 VAC 20-81-150 C.1.b; 34 CFR § 300.13) IDEA extends to preschool aged children and therefore, a preschool aged child may be served in a private elementary school.

8 VAC 20-81-150 C.1.b; 34 CFR § 300.13 The federal and state regulations governing special education define "elementary school" as a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. (8 VAC 20-81-150 C.1.b; 34 CFR § 300.13). (emphasis added). Virginia state law, the Code of Virginia, does not include or exclude pre-schools in its definition of "elementary school." ( § 22.1-1). We are guided, however, by the emphasis in the IDEA definition that the elementary school "…provides elementary education." Therefore, in order for an LEA to determine if the non-profit pre-school facility meets this definition, it is critical that the LEA review whether or not the private pre-school has an age appropriate curriculum. Code of Virginia regarding private preschools

Parentally-Placed in a Residential Facility for Non-Educational Reasons Virginia’s regulations require LEAs to provide free appropriate public education (FAPE) to students placed by parents in a residential facility for non- educational reasons. LEAs are responsible for providing special education services to any student within the division’s jurisdiction. The IEP team determines the services to be provided at the residential facility. The LEA does not have to use the facility’s education program.

Report parentally-placed for non-educational students as follows: Use placement code 1 Check the parentally-placed flag Y Serving division equals the responsible division Serving school equals the school the student would attend if he/she was in the division (age/grade appropriate) Do not report a tuition paid code

Parentally-Placed Private School Students Data Collection Divisions are required to gather and maintain data on children with disabilities enrolled by their parents in private schools. New for 2017-2018, the Parentally- Placed Private School Students data collection will be electronically submitted through the December 1 Child Count data collection.

Reporting Parentally-Placed Private School Students Report the number of parentally-placed children evaluated. Report the number of parentally-placed children found eligible. Report the number of parentally-placed children served. This count is taken directly from your December 1 Child Count (students flagged as parentally- placed).

Email December 1 Child Count questions to: spedprogramdata@doe.virginia.gov