Equitable Services Requirement: Special Education for Parentally Placed Private School Students

IDEA: Equitable Services

As regulated in 34 CFR §§ 300.130 through 300.144 of IDEA, LEAs have an obligation to provide parentally placed private school students with disabilities an opportunity for equitable participation in the services funded with Federal Part B formula funds (flow-through and preschool) that the LEA has determined, after consultation, to make available to its population of parentally placed private school students with disabilities. The amount of Part B funds available for these services is based on the proportionate share calculation per the IDEA regulations. 

The consultation process is important to ensure the provision of equitable services. How, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities is determined during the consultation process (34 CFR §300.134(d)).

Equitable services for a parentally placed private school student with a disability must be provided in accordance with a services plan. A services plan must describe the specific special education and related services that will be provided to a parentally placed private school student with disabilities designated to receive services (34 CFR §300.138(b)). The regulations in 34 CFR §300.137(a) explicitly provide that children with disabilities enrolled by their parents in private schools do not have an individual right to receive some or all of the special education and related services they would receive if enrolled in the public schools.

Equitable Services Set-Aside - Program Requirements

• OSEP: Questions and Answers On Serving Children With Disabilities Placed by Their Parents at Private Schools (February 2022)
• Information Update Bulletin 06.03, replaces 99.07
• Affirmation Form
• Procedural Safeguards, See Section entitled "Requirements for Unilateral Placement by Parents of Children in Private Schools at Public Expense"
• IDEA Complaint 07-028

Equitable Services Set-Aside - Proportionate Share Calculation and Expenditures

Equitable Services / Proportionate Share Calculation Technical Assistance 
This document addresses the pieces of the calculation, eligible expenditures and how the process is completed through the WISEgrants application.

Public Posting of Proportionate Share Amounts for Wisconsin LEAs
Link to spreadsheet listing Wisconsin LEAs and their required annual proportionate share calculated amounts for IDEA flow-through and preschool grants.

To schedule a technical assistance meeting with IDEA Fiscal (Will, Christina or Rachel), please use our Bookings page.