Private School LawStudents with Disabilities

Nonpublic School Laws on Special Education

To receive Special education: The student must… 1) Be Eligible under IDEA

2) Have an IEP

The Process… 1) May request an evaluation from the local school district.

2) The Public School has 10 days to provide notice and request parental consent.

3) Public School conducts an evaluation (completed within 30 days

A) Determines eligibility

B) Hold IEP Meeting

C) IEP Signed and services provided

IDEA and ADA

Apply specifically to Public Education

Should they not apply to us?

We should seek to apply these to us even though not mandated.

Why? Love your neighbor (also those with disabilities) as yourself.

Common Sense – Providing for those who struggle –seek to make them successful

Note: There are many laws that do apply…but they are in the areas of Accreditation and Licensing, Reporting, Curriculum, Health and Safety, and a few miscellaneous laws.

Let’s look at some cases where private schools have been impacted by IDEA

Winkelman v. Parma City School District The Finding: The U.S. Supreme Court held that parents, not just

students have rights under IDEA

The Case: In this case the IEP for an autistic child called for his education to be provided in a public school, but his parents didn’t believe that this would provide him with FAPE. They enrolled him in private school at their own expense while following IDEA procedures to challenge the IEP.

Significance for Plymouth Christian: Parents must be part of the IEP meeting, you must allow them input.

Cases Continued….

A.D. v. Sumner School District The Finding: The public school was wrong in expecting a private

school to assess a student the district had placed there.

The Case: This student was LD, ED, and had impulsive behavior. He moved. The new school district placed him in a private school. His former school district provided ESY (Extended School Year). The new school district didn’t want ESY for him. The private school thought he needed it. All of those educators most familiar with his social and emotional needs said he needed ESY. From the amended IDEA of 2004, if extra data is needed, it is the district’s responsibility to produce it.

Significance for Plymouth Christian: Plymouth can expect the public school to assess our students.

Cases Continued….

Carlucci v. Rugby School Inc. The Finding: Private school teacher who was asked to prepare a

Student’s IEP was fired for after she refused on grounds that it violated state law.

The Case: A teacher was asked to prepare a draft of an IEP. She refused on grounds that Special Education Law required that an IEP be written as a team. Writing a draft in which every one of the team can express thoughts/changes is not a violation of State Law.

Significance for Plymouth Christian: Plymouth can fire teachers who insubordinately refuse to write a draft of an IEP.

Cases Continued….

Bishop b. Oakstone Academy The Finding: Parents must bring IDEA claims against the

district that placed the student in a private school, not against the private school.

The Case: The district placed a student in a private school that specializes in educating autistic children. The public school paid his tuition. The private school created an IEP for the student. Four months later the private school expelled the child. IDEA claims brought against the private school. This could not happen because the school receives no federal funds.

Significance for Plymouth Christian: Since Plymouth receives no federal funds, no IDEA claims can be brought.

Cases Continued….

Knable ex rel. Knable v. Bexley The Finding: If a district never held an IEP meeting, parents were

denied opportunity to participate in the IEP process. The lack of an IEP for a ADHD student denied access to specialized instruction and related services.

The Case: An ADHD student was enrolled in a residential placement because they had a therapist, psychiatrist, teacher counselors, and smaller classes, but since the district responsible never convened an IEP meeting within 30 calendar days, the district had to pay the cost of private placement.

Significance for Plymouth Christian: A diagnosed student who comes to Plymouth should have an IEP within 30 days.

Cases Continued….

Bishop v. Oakstone Academy The Finding: Parents of a child with disability can sue a private

school for breach of a contract based in part on an IEP.

The Case: An IEP can constitute the private school’s offer to provide student services. The 2004 amendment of IDEA specifically called for districts to place children with disabilities in private schools better equipped to provide FAPE. The district has the responsibility over the IEP.

Significance for Plymouth Christian: Plymouth can take students from other districts but if we do not follow the IEP, we are also liable.

Cases Continued….

Ullmo ex rel. Ullmo v. Gilmour Academy. The Finding: A school cannot claim breach of contract when only

indefinite and aspirational language is used in the mission statement.

The Case: A student at Glimour transferred to Montessori School in 2nd grade… was tested for and confirmed to be LD….then came back to Gillmour in 7-12th grade. After graduating with poor grades, the parents sued claiming breach of contract. The court determined that the school is not liable under IDEA.

Significance for Plymouth Christian: Plymouth can learn that if we want to service LD students and to avoid lawsuits, contracts should not be used with LD students.

Jesus’ example of compassion: Biblical Principle #1:

Following in His steps… Luke13:10 –

Speaks of Severely disabled woman Jesus sees her – has compassion

So the disabled (physically, mentally, and emotionally) need our help.

Contrast Jesus compassion and the Satanic Malice of Ruler of the Synagogue. Man’s Laws were put above the Biblical compassion.

Jesus: Outpouring of Heaven v. Ruler: Out-pouring of hell against this woman.

Plymouth should care for our children (and disabled) so much more than animals.

Plymouth Christian Schools should seek to provide services to all!

Have a mandate to educate all student (Including students with disabilities

Reasons: 1) All children are unique creations of God.

2) They are the children which God has graciously given us. (Genesis 33:5)

Annotated Bibliography

Wheeler, E. (2009). Private School Law in America: 21st Edition. Malvern, Pennsylvania: Center for Education & Employment Law.

The Bible (KJV)

Murray, D. (2011). Donkeys before the Disabled. Retrieved July 20, 2012 from http://www.sermonaudio.com/sermoninfo.asp?SID=226111448370.

Private school Laws (Michigan). Retrieved July 27, 2012 from http://www.edchoice.org/Documents/SchoolChoice/Private-Schools-Laws-and-Regulations/michigan.pdf

Michigan Department of Education (2011). Nonpublic and Home School Information. Retrieved July 25, 2012 from http://www.michigan.gov/documents/Info2005_132227_7.pdf