Jennifer: My daughter attends an out of district public school. I pay tuition for her to attend this out of district school and she has attended for the last 5 years. She has a diagnosis of ADHD and I believe a math disability which needs to be evaluated. I was told by the school administrator that she cannot attend her current school if she is IEP eligible and that the district in which we live would be responsible for evaluating her. Is this right? Seems to me that the school she attends would be responsible for evaluating her and denying her enrollment would be discrimination? Please help. I can’t find any literature that speaks to this particular situation.
Good evening. In Florida. I signed consent for evaluations June 2021 but due to FAPE denial issues,in July 2021 parents gave 10 days notice of intent to move student to private, arising from retaliatory actions. The non public team commenced evals but were overridden by the same district & legal staff (overseeing during retaliatory practices) said the school where the student attends is obligated to evaluate. Student had no triennial or known evals since 2016. Student attends a not for profit in the next county over. Laws in Fl may have changed in that if attending an out of district Private *for profit* school the new district evaluate. All my research shows where FAPE in dispute its the zoned school where student resides. District refuse to provide requested Prior written notice for refusal to conduct long overdue evaluations. Their School Board are aware and ‘thanked me for my input” 🙂
Hi Eimear – I’m sorry for the delay, I didn’t see your question. The facts are complex and you say “Laws in FL may have changed.” A correct answer will depend on Florida special ed regulations and policies. We don’t give legal advice in specific fact-based situations like yours – the State Bar takes a dim view of attorneys giving advice to people they have never met about a child when they have not even reviewed the child’s file.
However – I encourage you to contact a FL attorney who has experience in special education law and litigation. To find an attorney, review the attorneys listed on the Wrightslaw Yellow Pages for Kids site AND contact the Council of Parent Attorneys and Advocates for a referral to an attorney licensed to practice in FL.
The majority of parents don’t need an attorney, they need reliable legal advice and a plan. Most attorneys offer low cost/no cost consultations where you can get answers to questions. Please let us know how things work out.
Jennifer, The school district where the child resides is responsible for identifying, locating and evaluating all children who may have a disability, including children who attend private schools. This is a requirement of the Child Find mandate (in Section 1412 of the IDEA – legal citation is 20 U.S.C. Sec.1412(a)(3)). Section 1412 is “State Eligibility” and is often called the “Catch-All” statute because it includes several diverse topics including free appropriate public education (FAPE), child find, least restrictive environment (LRE), continuum of placements, transition to preschool, equitable services for children in private schools, unilateral placements, tuition reimbursement, and assessments.
The law about Child Find is on page 72 of Wrightslaw: Special Education Law. In some cases, the regulation about an area contains more information. The regulation about Child Find is C.F.R 300.111 (page 206-207 in the Special Ed Law book)
The district that is responsible for evaluating should consult with the private school and obtain information about the child from them.
Thank you so much! Very helpful!