Gifted Issues Discussion homepage Forums Twice Exceptional IDEA vs ADA protection

Just wondering about protections in private schools. My understanding is if a private school takes any funding from US DOE then IDEA protection applies and that includes lunch programs and any grants.

My question is how do I find out if my DS school accepts any US DOE funding?

You could start by asking to see the school's budget or ask if they have any income from Federally funded grants/etc - they might or might not share the information with you, depending on the school. It may be different in other parts of the US, but based on my experience having been involved with several different private schools in my small part of the world - I'd be very surprised if a private school was receiving any DOE funding, unless it was coming through a program that benefited students from low-income families.

Students with special educational needs that would be serviced by IDEA in public school are eligible for IDEA services as private school students, but the services are usually provided *through* the public schools: the student is evaluated through public school, then if the student qualifies receives the services through the public school. Some services can only be offered *at* the public school, so the student can't participate in them if they remain in private school; some services can be received outside of the public school day or offsite. The funds from DOE that support those services are managed by the public school district, not paid directly to private schools (at least that's how it works in my state).

Although IDEA is not something that our (local) private schools administer directly, ADA protection is something every private school I've been involved with takes very seriously. It's actually been much easier for my 2e children to receive appropriate accommodations through private school where it wasn't necessary to draw up a 504 plan than it was in public school.

Not sure any of that helps! Do you think your child's school receives Federal funds directly or through a grant?

Best wishes,

polarbear

All my DS attend private religious schools. The high school does not accept funding. Heck, the high school will not allow any district providers in their campus to evaluate or provide related services. The district AT team was a little miffed because they want to observe DS in a classroom setting using the MacBook. I suggested that DS meet the AT team back at the district to evaluate the trial. Still miffed. Finally I said it's not DS fault that his school does not allow you in their building, what do you do for students in jail? and then they allowed the process to move forward. The high school was really determined not to honor DS extended time and foreign language exemption accommodations, because the school wants to decide. It took me 1.5 years, but those accommodations are finally in place. Additionally DS was diagnosed with significant APD last week and require digital hearing aids that record. If I am understanding everything correctly, DS will require an IEP for AT at district expense and he will require a 504 to receive ADA protection. The high school does take other federal funds that would qualify under 504.

I *think* the grade school does take Federal funds, but I do not know how to find out for sure. It is a religious school the wealth disparity is wide. I have heard in the past that they do accept lunch funding. There have been grants for iPad trials and a computer lab. I just do not know if those grants were public or private. Certainly "Box Tops for Education" is private. Finally, when privates were allowed to accept Universal Pre-K funding they did. Special education tuition is reimbursed for qualifying children with IEPs. Which I do not understand, since half the day is a religious program.

Hi spaghetti, If private schools do not take any Federal funds then they can discriminate, but if they do (and a lot do) then they need to accommodate and then it matters where the funds came from. For instance, DS High school accepts Homeland Security funds that differ from US DOE funds. They must honor reasonable ADA accommodations. The school does offer extended time and foreign language exemption, but they want to reserve the right to determine which students receive and do not receive accommodations. That was where the school and I butted heads. The school wanted DS to try harder in his 2e kind of way.

Lunch programs are USDA, incidentally.

But yes, everything EmmaL said. If they take federal monies from any source and for any reason, they have to be fully compliant with ADA.

I differ. ADA is civil rights law, and fed money not involved. (504)

Public schools provide spedial ed services to kids in private or religious schools under IDEA