NC 1501-6.8 Equitable Services Determined

Plain English summary

This regulation establishes that parentally-placed private school children with disabilities have no individual right to special education services equivalent to what they would receive in public school. LEAs retain final decision-making authority over what services are provided, and must develop a services plan for any such child who does receive services, including involvement of a private school representative in planning meetings.

Key requirements

• No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
• Decisions about the services that will be provided to parentally-placed private school children with disabilities under NC 1501-6.9 through NC 1501-6.15 must be made in accordance with paragraph (c) of this section and the consultation process.
• The LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities.
• If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from an LEA, the LEA must initiate and conduct meetings to develop, review, and revise a services plan for the child.
• The LEA must ensure that a representative of the religious or other private school attends each meeting.
• If the representative cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

Affected parties

• Parentally-placed private school children with disabilities
• Parents of private school children with disabilities
• Local Education Agencies (LEAs)
• Religious and other private schools
• Private school representatives

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=33