BP 6164.41
Adopted: November 16, 2023
Children With Disabilities Enrolled By Their Parents In Private School
The Governing Board recognizes its obligations under state and federal law to locate, identify, evaluate, and provide equitable services to children voluntarily enrolled by their parents/guardians in private schools located within the district.
The Superintendent or designee shall ensure that activities to locate, identify, and evaluate children with disabilities enrolled by their parents/guardians in private schools within the district are comparable to activities undertaken for individuals with disabilities aged three to 22 in public schools within the district. (Education Code 56171; 34 CFR 300.131)
The Superintendent or designee shall develop a budget for the provision of services to children with disabilities enrolled by their parents/guardians in private school based on the proportionate share of federal funds received and the number of eligible children, including the possibility of mid-year enrollees, and the types of services to be provided.
Legal References
Education Code
Ed. Code 51744-51749.6 Independent study
Ed. Code 56000 Special education; legislative findings and declarations
Ed. Code 56020-56035 Definitions
Ed. Code 56170-56177 Children enrolled in private schools
Ed. Code 56195.8 Adoption of policies
Ed. Code 56300-56385 Identification and referral; assessment, instructional planning
Ed. Code 56500-56509 Procedural safeguards
Ed. Code 56600-56606 Evaluation, audits and information
Federal Code
20 USC 1232g Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1400-1482 Individuals with Disabilities Education Act
20 USC 1412 State eligibility
29 USC 794 Rehabilitation Act of 1973; Section 504
34 CFR 300.1-300.818 Assistance to states for the education of students with disabilities
34 CFR 300.130-300.144 Children with disabilities enrolled by their parents in private schools
Management Resources
Court Decision Agostini v. Felton, (1997) 521 U.S. 203, 117 S.Ct. 1997
Federal Register Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46539-46845
U.S. Department Of Education Publication Long COVID under Section 504 and the IDEA: A Resource to Support
Children, Students, Educators, Schools, Service Providers, and Families, July 2021
U.S. Department Of Education Publication Return to School Roadmap: Child Find Under Part B of the Individuals
with Disabilities Education Act, August 2021
U.S. Department of Education Publication A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA): Memorandum 11-07,
January 2011
U.S. Department of Education Publication Questions and Answers on Serving Children with Disabilities Placed by
Their Parents in Private Schools, April 2011
Website CSBA District and County Office of Education Legal Services
Website California Department of Education, Special Education
Website U.S. Department of Education, Office of Special Education Programs
Cross References Description
0430 Comprehensive Local Plan For Special Education
6159 Individualized Education Program
6159.1 Procedural Safeguards And Complaints For Special Education
6164.4 Identification And Evaluation Of Individuals For Special Education