The revision to 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. Section 612 (a) (10) (A) of the Act and Sections 300.130–300.144 now require LEAs (Intermediate Units in Pennsylvania) in which the private schools are located, rather than the LEAs in which the parents of such children reside, to conduct child find and provide equitable services to parentally-placed private school children with disabilities.
The Act provides, that, in calculating the proportionate amount of Federal funds under Part B of the Act that must be spent on parentally-placed private school children with disabilities, 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 located in the LEAs (IUs). In addition, after timely and meaningful consultation with representatives of private elementary schools and secondary schools and representatives of parents of parentally-placed children with disabilities attending private elementary schools and secondary schools located in the LEAs (IUs). In addition, after timely and meaningful consultation with representatives of private elementary schools and secondary schools and representatives of parents of parentally-placed private school children with disabilities, there is an obligation of the LEA (IU) to spend a proportionate amount of funds to provide services to children with disabilities enrolled by their parents in private school. 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).