If you choose to have your child attend a private or nonpublic school, you still have certain rights guaranteed under the IDEA:
- If you or the school suspect a disability, your child can be evaluated through an evaluation process conducted by the school district where the nonpublic school is located (this may not be the school district where you live).
- If your child is found eligible for special education services, the school district must offer a free appropriate public education (FAPE) through the development of an IEP. However, your child must be enrolled in your public school in order to receive the special education and related services detailed on the IEP.
- If you choose to have your child continue to attend the nonpublic school, the public school district in which the nonpublic school is located consults to develop a services plan for your child. However, services can vary greatly among nonpublic schools. Your child does not have the right to receive the same special education and related services that would be available through the IEP in the public school. You will have to sign a form indicating that you understand that you are declining the services and supports being offered in your public school, at this time.
If the nonpublic school receives federal financial assistance, your child may receive services under Section 504 if there is a physical or mental impairment which substantially limits one or more major life activities.