Individualized Education Programs (IEPs) help students with disabilities succeed in school based on their individual needs instead of grade-level expectations. Under the Individuals with Disabilities Education Act (IDEA), IEPs are a mandatory and free service in public schools.
But what about private schools? If you are thinking of sending your child to a private school but unsure of the kind of special education they can access, here is some important information to consider.
California law does not require private schools to offer special education
Public schools are federally funded, which means they are legally required to provide IEPs and other special education services. On the other hand, private schools do not receive funding and are therefore not required to provide such services.
Nevertheless, many California private schools offer IEPs, but they may call it something else. Similar terms are Instructional Services Plan or Individual Service Plan (ISP).
However, the school district must allocate funding for special education programs in private schools. Districts receive federal funding for special education in private schools, and they determine what kind of services to offer, such as speech services or reading instruction.
Private schools cannot discriminate against students with disabilities
While private schools are not bound by IDEA, they must follow Section 504 of the Rehabilitation Act of 1973—the law that prevents discrimination against people with disabilities.
In other words, a private school does not have to provide special education, but it cannot bar a child’s equal access to education or discriminate against them because of their disability.
Thus, the school must provide reasonable accommodations, such as:
- Wheelchair ramps
- Accessible desks
- Extra time for school activities
- Modified assignments
- 504 plans, which are like IEPs
If you feel that a private school is being discriminatory towards your child, do not hesitate to consult a special education lawyer for help.
Public schools may send students to private schools
In some cases, public schools don’t have the means to meet a child’s special needs. They may choose to send the student to a private school under a service plan, which the school or district pays for.
However, the student may not receive the same level of service they would in a public school. This is because public schools or districts may have limited funding for special education for private school students.
If you are thinking of sending your child to a private school, it is advisable to ask about their special education programs. Not all schools will have comprehensive services, so it will be up to you to decide what’s best for your child.