New to Fairfax County? Frequently Asked Questions Q. I am a resident in Fairfax County. My child attends private school. Can he receive special education services through Fairfax County Public Schools? A. Federal and state special education laws include language that specifies what a public school district's responsibility is for providing services to students with disabilities who are enrolled by their parents in private schools. Local school districts must spend a proportionate share of their federal special education funds on providing services to eligible students in private schools. This amount is determined by the number of private school students who require special education services in proportion to the overall number of special education students enrolled in the local school district. However, federal and state regulations do not require the same amount of services for parentally enrolled private school children with disabilities as for children with disabilities in public schools. Fairfax County Public Schools accepts referrals to determine eligibility for special education services for children suspected of having disabilities who attend private schools. The parent of a private school child should contact the principal at the school the child would normally attend, according to the home address, to discuss the reason(s) for referral. Parents can do this through a letter or by asking the school for a Multi-Purpose Referral Form, filling it out, and returning it to the school. Within 10 business days of receipt of the referral, the school will hold a Local Screening Committee Meeting to determine if testing is warranted. Parents have the right to appeal any decision regarding eligibility with which they disagree. If the school agrees to test the child, they have 65 business days from the date of the referral to complete the testing and present it to an eligibility committee. If the child is found eligible, an Individualized Education Program (IEP) is developed for the student that offers the appropriate special education program and related services to meet the student's needs to ensure that a free and appropriate public education (FAPE) is made available. The special education services offered in the IEP are available if the parent(s) choose(s) to enroll the student in the public school. If the parent elects for the student to attend a private school, Fairfax County Public Schools may develop an Individual Service Plan (ISP) rather than an IEP. The local school district determines the type and amount of services that it will offer. (See 34 CFR §300.454(b)(1), (2), and (4) of the Individuals with Disabilities Education Act, cited below.) Each year, the parents of children receiving services through the Individual Service Plan will be contacted by the district to determine if the parent wishes to enroll the child in the district to receive the special education program and services offered in the IEP. If not, the ISP will continue, if appropriate. The child will be reevaluated every three years to determine if he or she continues to be eligible for special education services. The regulations specify that the due process procedures of IDEA apply to child find, including evaluations, for private school students with disabilities, but do not apply to any other provisions of the law, including services. (See §300.457.) The major issues in the regulations regarding the implementation of the Individuals With Disabilities Education Act, (IDEA) that affect children in private schools are found in sections §300.450 - §300.487 of the regulations. A full copy of the regulations is available on the Department of Education's website at http://www.ed.gov/offices/OSERS/IDEA/index.html Parents can also find information in a memorandum from the United States Department of Education at http://www.nichcy.org/private.htm