Today was Nate's annual IEP review where we met with his SLP in the public school and went over his goals and future services. In attendance was the SLP from his Montessori school as well as his teacher. We are fortunate that he attends a school where the teachers and staff are so willing to be a part of the team effort to help Nate.
It was a frustrating meeting though. The goals were set and even though the SLP suggested group services, I declined as Nate still needs the focused attention of one-on-one. If he has the opportunity to be distracted by something or someone else, he will be distracted. My husband and I signed off on the IEP. The frustration was that we found out that when Nate hits kindergarten age (fall 2012) he will no longer receive services through the school district as he is a private school student outside the city we live in. We were told that his IEP would become an ISP and that we could go to the school district in which his Montessori school is located and see if they would provide services for him. But they do not have to honor the IEP, or now the ISP. Immediately when I got home, I started researching this information and sure enough....
IDEA 2004 (actually finalized in 2006) states the following in regards to "parentally placed children in private schools." (That's us!)
Equitable services are services provided to parentally-placed private school children with disabilities in accordance with the provisions in IDEA and its implementing regulations at 34 CFR §§300.130 through 300.144.
The regulations at 34 CFR §300.137(a) explicitly provide that children with disabilities enrolled in private schools by their parents do not have an individual right to receive some or all of the special education and related services they would receive if enrolled in the public schools. Under the Act, LEAs only have an obligation to provide parentally-placed private school children with disabilities an opportunity for equitable participation in the services funded with Federal Part B dollars that the LEA has determined, after consultation, to make available to its population of parentally-placed private school children with disabilities.
The consultation process is important to ensure the provision of equitable services. Consultation among the LEA, private school representatives, and parent representatives must address how the consultation will occur throughout the school year so that parentally-placed children with disabilities identified through child find can meaningfully participate in special education and related services. How, where, and by whom special education and related services will be provided for parentally-placed private school children with disabilities is determined during the consultation process.
Equitable services for a parentally-placed private school child with disabilities must be provided in accordance with a services plan. A services plan must describe the specific special education and related services that will be provided to a parentally-placed private school child with disabilities designated to receive services.
So sometime next year, I will have to set up a meeting with the school district where his school is located and see what type of service plan will be made. Whether or not Nate will continue to receive speech services is a huge question! I think what makes me so incredibly frustrated with this is that I pay my taxes for public education, just like everyone else, and because I choose to pay even more by enrolling my children in private school, I negate my rights?!? How can that be? I'm just going to have to stop worrying about it until next year.
