If you are a parent of a child with special needs, you may wonder if your child can receive an individualized education plan in a private school setting. The answer to whether private schools have an IEP process depends on the type of private school.
Approved private schools
These are private schools that have been approved by the New York State Education Department to provide special education programs for students with disabilities. These schools are funded by public school districts or the state, and they must follow the same federal and state laws and regulations as public schools. This means that they must provide IEPs for their students, and follow the same procedures for evaluation, eligibility, placement and due process as public schools.
A student can be placed in an approved private school by a Committee on Special Education, if the CSE determines that the student cannot be appropriately educated in a public-school setting.
Non-approved private schools
These are private schools that have not been approved by NYSED to provide special education programs for students with disabilities. These schools are not funded by public school districts or the state, and they do not have to follow the same federal and state laws and regulations as public schools. This means that they do not have to provide IEPs for their students, and they may have different procedures for evaluation, eligibility, placement and due process than public schools.
A student can attend a non-approved private school by parental choice or by receiving a scholarship from a third-party organization. However, the parent is responsible for paying the tuition and fees of the non-approved private school, unless the parent can prove that the public school district failed to offer a free appropriate public education to the student. In that case, the parent may seek reimbursement from the public school district for the cost of the non-approved private school.
State-supported or state-operated schools
These are private or public schools that are supported or operated by NYSED to provide educational services to students with specific disabilities, such as deafness, blindness, severe emotional disabilities or severe physical disabilities. These schools are funded by the state. They must follow the same laws and regulations as public schools.
As you can see, there is no simple answer to whether private schools have an IEP process too. If you are considering enrolling your child in a private school in New York, you should do your research and ask questions.