SPECIAL EDUCATION SERVICES FOR CHILDREN IN PRIVATE SCHOOLS

Students at private schools are entitled to receive special education services from public schools. A recent Pennsylvania case involved a parochial school kindergarten student who received speech and language services through the local Intermediate Unit (IU) at his parochial school.

When he entered first grade, the IU informed the student's parents that due to policy changes the IU would no longer provide any services at the parochial school. The parents appealed the district's denial of services, and the Pennsylvania court found that the student was entitled to services at the local public school. Acknowledging that children with special needs are entitled to "dual enrollment," the court ruled that the student did not have to give up his right to attend private school in order to receive special education services. While public schools need not pay for private education for exceptional students, they cannot deny special education services to children who are enrolled in private school and need additional services.

Dual enrollment in a private school and a public school district's gifted or special education programs must be provided to private school students by the public schools in order to provide a genuine opportunity to all students to receive needed educational services. The services provided must be comparable to those received by the exceptional students in the public schools. Students in need of services should request an Individualized Education Plan (IEP) from their local school district to support their request for special education services.

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