Individualized Education Programs

Part 6

Source

National Information Center
for Children and Youth with Disabilities

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Section 300.348 Private school placements by public agencies.

1. Developing individualized education programs.
   
   
   1. Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency shall initiate and conduct a meeting to develop an IEP for the child in accordance with Section 300.343.
      
      
   2. The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
      
      
   3. [Reserved]
      
      
2. Reviewing and revising individualized education programs.
   
   
   1. After a child with a disability enters a private school or facility, any meetings to review or revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.
      
      
   2. If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative: (i) Are involved in any decision about the child's IEP; and
      
      (ii) Agree to any proposed changes in the program before those changes are implemented.
      
      
3. Responsibility. Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA (Authority: 20 U.S.C. 1413 (a)(4)(B))
   
   

59. If placement decisions are made at the time the IEP is developed, how can a private school representative attend the meeting?

Generally, a child who requires placement in either a public or private residential school has already been receiving special education, and the parents and school personnel have often jointly been involved over a prolonged period of time in attempting to find the most appropriate placement for the child. At some point in this process (e.g., at a meeting where the child's current IEP is being reviewed), the possibility of residential school placement might be proposed by either the parents or school personnel. If both agree, then the matter would be explored with the residential school. A subsequent meeting would then be conducted to finalize the IEP. At this meeting, the public agency must ensure that a representative of the residential school either (1) attends the meeting, or (2) participates through individual or conference telephone calls, or by other means.

Section 300.349 Children with disabilities in parochial or other private schools.

If a child with a disability is enrolled in a parochial or other private school and receives special education or related services from a public agency, the public agency shall

1. Initiate and conduct meetings to develop, review, and revise an IEP for the child, in accordance with Section 300.343; and
   
   
2. Ensure that a representative of the parochial or other private school attends each meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school, including individual or conference telephone calls. (Authority: 20 U.S.C. 1413 (a)(4)(A))
   
   

Section 300.350 Individualized education program accountability.

Each public agency must provide special education and related services to a child with a disability in accordance with an IEP. However, Part B of the Act does not require that any agency, teacher, or other person be held accountable if a child does not achieve the growth projected in the annual goals and objectives.(Authority: 20 U.S.C. 1412(2)(B); 1414(a)(5), (6); Cong. Rec. at H7152 (daily ed., July 21, 1975))

Note: This section is intended to relieve concerns that the IEP constitutes a guarantee by the public agency and the teacher that a child will progress at a specified rate. However, this section does not relieve agencies and teachers from making good faith efforts to assist the child in achieving the goals and objectives listed in the IEP. Further, the section does not limit a parent's right to complain and ask for revisions of the child's program, or to invoke due process procedures, if the parent feels that these efforts are not being made.

60. Is the IEP a performance contract?

No. Section 300.350 makes it clear that the IEP is not a performance contract that imposes liability on a teacher or public agency if a child with a disability does not meet the IEP objectives. While the agency must provide special education and related services in accordance with the IEP of each child with a disability, the Act does not require that the agency, the teacher, or other persons be held accountable if the child does not achieve the growth projected in the written statement.

Authority: 20 U.S.C. 1411-1420 (Catalog of Federal Domestic Assistance number 84.027, Assistance to States for Education of Children with Disabilities; 84.173 Preschool Grants Program)

End of Appendix C

Readings And Resources

Anderson, W., Chitwood, S., & Hayden, D. (1990). Negotiating the special educaiton maze: A guide for parents and teachers (2nd ed.). Rockville, MD: Woodbine. (Available rom Woodbine House, 6510 Bells Mill Road, Bethesda, MD 20817. Telephone: 1-800-843-7323; (301) 897-3570.)

Arena, J. (1989). How to write an IEP (rev. ed.). Novato, CA: Academic Therapy. (Available from Academic Therapy Publications, 20 Commercial Boulevard, Novato, CA 94949. Telephone: (415) 883-3314.)

Cutler, B.C. (1993). You, your child, and "special" education: A guide to making the system work. Baltimore, MD: Paul H. Brookes. (Available from Paul H. Brookes Publishing Company, P.O. Box 10624, Baltimore, MD 21285. Telephone: 1-800-638-3775.)

DesJardins, C. (1993). How to get services by being assertive. Chicago, IL: Family Resource Center on Disabilities. (Available from the Family Resource Center on Disabilities, 20 East Jackson Boulevard, Room 900, Chicago, IL 60604. Telephone: (312) 939-3513; 1-800-952-4199.)

Ferguson, S., & Ripley, S. (1991). Special education and related services: Communicating through letterwriting. A Parent's Guide, II(1), 1-20. (Available from NICHCY.)

Giangreco, M.F., Cloninger, C.J., & Iverson, V.S. (1993). Choosing options and accommodations for children: A guide to planning inclusive education. Baltimore, MD: Paul H. Brookes. (Available from Paul H. Brookes Publishing Company, at the address above.)

Horne, R.L. (1996, Interim Update). The education of children and youth with special needs: What do the laws say? NICHCY News Digest, 1-16. (Available from NICHCY.)

Kupper, L. (Ed.). (1993). Questions and answers about the IDEA. NICHCY News Digest, 3(2), 1-16. (Available from NICHCY.)

Martin, R. (1991). Parents in the special education process (a 3-videotape series). Urbana, IL: Carle Center for Health Law and Ethics. (Available from Baxley Media Group, 110 W. Main Street, Urbana, IL 61801. Telephone: (217) 384-4838.)

Questions often asked about special education services. (1994, update). Washington, DC: NICHCY. (Available from NICHCY).

Parent Advocacy Coalition for Educational Rights. (1992). Parents can be the key...to an appropriate education for their child with disabilities. Minneapolis, MN: Author. (Available from PACER Center, 4826 Chicago Avenue South, Minneapolis, MN 55417. Telephone: (612) 827-2966, outside of MN; 1-800-537-2237, in MN.)

Wilson, N.O. (1992). Optimizing special education: How parents can make a difference. New York: Insight Books. (Available from Insight Books, Division of Plenum Press, 233 Spring Street, New York, NY 10013. Telephone: 1-800-221-9369.)