News Archive - Year 2000

National Teacher Recruitment Clearinghouse:  For prospective teachers seeking jobs and for school districts and states seeking qualified teachers, the National Teacher Recruitment Clearinghouse is a resource hosted by Recruiting New Teachers, Inc. (RNT).  A central feature of the Clearinghouse is the unique gateway to job banks nationwide.  RNT is a
national nonprofit, established in 1986 to help build a qualified and diverse corps of teachers for America's schools.  It is designed to provide a "one-stop shop" to help meet the challenges of recruiting and placing a qualified teacher in every school classroom nationwide.  In addition, the Clearinghouse provides resources for individuals interested in becoming
teachers and offers school districts and states strategies for improving teacher recruitment and retention.  For more information on teacher's recruitment, visit RNT's web site at www.recruitingteachers.org .  Also, visit the Department 's home page on teacher quality at www.ed.gov/inits/teachers/index.html.

Public Charter Schools Guidance:  In December 2000, the Department of Education issued new charter school guidance as a response to a Presidential Memorandum instructing the Secretary of Education to develop guidelines "to help faith-based and other community-based and business institutions understand the role they can play in the charter school movement."  Faith-based and other community-based and business institutions are an integral part of the community and a key resource for improving education.  A complete copy of the Public Charter Schools Non-regulatory Guidance will be on the Department's web page soon at:  www.ed.gov

E-rate Information:  On December 21, 2000, President Clinton signed into law the "Children's Internet Protection Act" as part of a spending package for FY2001.  This law mandates that libraries and schools that are participating in the E-rate program along with other federally-funded programs must provide Internet filtering software.  The Schools and Libraries Division is expected to issue guidance this spring on the implementation of this Act.  As information is available on the
implications of this requirement for private schools, we will share it with you.  You are also encouraged to watch for further information about the law on the Schools and Libraries Division web site at: www.sl.universalservice.org
 
 

Summer Conference:  In July 2000, the Office of Non-Public Education held a conference commemorating the 75th anniversary of the Supreme Court decision in Pierce v. Society of Sisters.  The conference was very successful.  It brought together a rich mix of practitioners and researchers and presented an opportunity to reflect on and discuss the role of private education in American society, the contributions private schools make, and the challenges that lie ahead for private schools.  Many people have asked us to host another conference next summer.  In this light, we are looking for feedback from our constituents.  Would you like ONPE to host a summer conference on private education?  Do you have suggestions for themes, topics to be covered, focus?  Please share with us any of your thoughts about a summer conference.  You can send your ideas and comments to OIIANon-PublicEducation@ed.gov

Individuals with Disabilities Education Act 1997:  In the last news update, we included information on IDEA Child Find.  The following information continues with IDEA by looking at the provision of equitable services, consultation, writing a services plan, location of services and transportation, and the complaint procedure.  The Individuals with Disabilities Education Act of 1997 (IDEA) requires every state to have in effect policies and procedures to ensure a free and appropriate public education (FAPE) for all students with disabilities.  Significant changes in IDEA 1997 and subsequent U.S. Department of Education regulations of March 1999 pertaining to parentally-placed private school students with disabilities include:  The obligation of local educational agencies (LEAs) to consult with private school officials prior to conducting child find activities in private schools; and, the use of a services plan in lieu of an individualized education program (IEP).  School districts must make available FAPE to all students, including those parentally-placed in private schools, who have been identified, evaluated, and determined to have disabilities.  For parentally-placed private school students with disabilities, school districts make FAPE available at a public school setting or another suitable setting determined by the district.  The requirement of FAPE does not extend beyond these settings to the private school of the parentally-placed student with disabilities.  However, school districts must provide parentally-placed private school students with disabilities residing within their district a genuine opportunity for equitable participation in their special education program.  This obligation is owed to private school students as a group.  There is no individual entitlement for parentally-placed private school students with disabilities to receive services.  School districts are required to consult with appropriate representatives of parentally-placed private school students with disabilities throughout the various phases of the development and design of the school district's special education program for these students under Part B of IDEA.  This consultation must be both "timely and meaningful."  Consultation includes deciding how to conduct the child find count and determining how the students' needs will be identified, which students with disabilities will receive services, what services will be offered, how and where the services will be provided, and how the services will be assessed.  Consultation takes place in light of the federal funding available, the number of private school students with disabilities, the location of private school students with disabilities, and the needs of private school students with disabilities.  The local educational agency (LEA) must provide a "genuine opportunity" for private school officials to express their views on each of these matters.  Annual expenditures for parentally-placed private school students with disabilities are calculated based on the total number of students with disabilities residing in the LEA's jurisdiction eligible to receive special education and related services under Part B as compared with the total number of eligible parentally-placed private school students with disabilities residing in the LEA's jurisdiction.  The proportionate share is determined based on the total number of eligible parentally-placed private school students with disabilities residing within the LEA's jurisdiction and not limited to the number of those students receiving special education or related services in accordance with a services plan.  Although school districts are not required under federal law to use state and local funds in meeting their obligations to parentally-placed private school students with disabilities under Part B, they may expend their own funds to supplement available federal funds.  Formula for Calculating Proportionate Share:  X X = Example: # of eligible children in public schools = 300 # of eligible children in private schools = 20 Total # of eligible children = 320 School District Obligation: X = $9,531.25 (This amount must be spent for the group of parentally-placed students in private schools).  While school districts have an obligation to ensure the equitable participation of parentally-placed private school students with disabilities in programs assisted or carried out under Part B, the law and regulations specify that parentally-placed private school students with disabilities do not have individual entitlements to special education or related services.  However, the statute and regulations in no way prohibit States or local school districts from providing services to parentally-placed private school children with disabilities in excess of those required under Part B, consistent with State law or local policy.  Through the consultation process mentioned above and in light of at least the amount of Part B funds received by the school district, school district and private school officials design the special education program for those students who have been identified to receive services.  Within these parameters, school districts have broad discretion in providing special education services to specific students.  The services provided to parentally-placed private school students with disabilities must be comparable in quality, scope, and opportunity for participation to the program benefits provided public school students.  The "comparable benefits" provision means that students in private schools must be given the same general types of services that public school students receive, and these services must be of the same general quality.  Examples of services that could be provided include:  Speech pathology, occupational therapy, physical therapy, consultations with the private school classroom teacher, teacher training and professional development for private school personnel.  The services provided to private school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools.  Equipment and supplies also can be provided to private school students with disabilities on the premises of the private school for the period of time needed for the program.  However, no funds under Part B can be used for repairs, minor remodeling, or construction of private school facilities.  Services Plan A significant change in IDEA 1997 and subsequent regulations of March 1999 is the introduction of a services plan in lieu of an IEP for eligible, parentally-placed private school students with disabilities.  Any parentally-placed private school student with a disability whom an LEA elects to serve must have a services plan.  The Part B regulations do not require LEAs to develop services plans for each and every parentally-placed private school student with a disability residing in the LEA's jurisdiction.  Services plans are required only for those parentally-placed private school students with disabilities whom the LEA has elected to serve and should reflect only the services that the LEA has determined it will provide to the student.  The services plan must be developed, reviewed, and revised consistent with the IEP requirements.  In addition, the LEA must ensure that a representative of the private school attends each services plan meeting, and if the representative cannot attend, the LEA must use other methods to ensure participation by the private school.  The location of services for parentally-placed private school students with disabilities is determined through the consultation process.  Services can be provided at the private school, including religious schools, to the extent consistent with law, or at another location.  The Supreme Court decision Agostini v. Felton in 1997 clarified that the Constitution does not prohibit providing these services in space located in a private religious school.  To the extent possible, LEAs are encouraged to provide services at the private school.  If services offered are not on the private school site, the LEA is responsible for providing transportation to the service site if it is necessary for the student to benefit from or participate in the service.  Transportation from the student's home or school to a site other than the private school and from the service site back to the private school or student's home is acceptable.  Costs related to transportation are paid from the private school students' share of federal IDEA funds and may be included in calculating whether the LEA has met the requirement of equitable expenditures for special education and related services for parentally-placed private school students with disabilities.  Complaint Procedure and Due Process Due process procedures apply only to child find.  Under the child find provision, parents of parentally-placed private school students may use the due process procedures regarding issues related to the identification and evaluation of students.  In addition, an organization or individual may file a signed written complaint in accordance with the State complaint procedures alleging that an SEA or LEA has violated applicable child find requirements.  The due process procedures do not apply to complaints that an LEA has failed to meet applicable requirements for serving parentally-placed private school students since these students do not have an individual entitlement to services.  However, an organization or individual may file a signed written complaint in accordance with the State complaint procedures alleging that an SEA or LEA has failed to meet the requirements, such as failure to properly conduct the consultation process.  For further information on IDEA Part B (as amended in 1997) and implementing regulations regarding the obligations of school districts to parentally-placed private school students, click on to http://www.nichcy.org/private.htm  Please feel free to contact us at 202-401-1365 or e-mail us at OIIANon-PublicEducation@ed.gov should you have any questions.  We would also be happy to conduct a workshop for private school administrators about IDEA and other federal education programs available to private school students and teachers.

Ready to Learn:  "Ready to Learn" is a new video that provides parents and caregivers with information on how to foster a young child's language and literacy development beginning at birth and continuing through the preschool years.  The video, hosted by Jamie Lee Curtis and LeVar Burton in English and by Edward James Olmos in Spanish, is available from ED Pubs (limit per person: 1 English and 1 Spanish) at this toll free number:  1-877-4ED-PUBS.  To request large orders, please visit the I Am Your Child Foundation web site for information on ordering procedures and cost:  http://www.iamyourchild.org/order/order.html or http://www.ed.gov/americareads/

IDEA Practices Web Site:  The IDEA Practices web site is designed to help teachers, families, and others interested in improving educational results for students with disabilities.  You are invited to visit the web site and sign up to receive IDEAnews, a monthly e-mail newsletter that offers information and resources to help professionals and families understand the Individuals with Disabilities Education Act (IDEA '97) and its implementation:  http://www.ideapractices.org/ and http://www.ideapractices.org/IDEAnewsonline.htm

Professional Development National Awards:  Professional development plays a key role in successful education reform.  As part of a continuing effort to honor excellence in education, the U.S. Department of Education announces the fourth competition under the National Awards Program for Model Professional Development.  The purpose of the Mission and Principles of Professional Development is to promote excellence in teaching and learning.  The program recognizes public and private schools and school districts with exemplary professional development and disseminates information about high-quality professional development efforts that provide evidence of student learning and increased teacher effectiveness.  The Department's goal is to identify a wide variety of comprehensive models of pre-kindergarten through grade 12 (preK-12) professional development that exemplify the mission and principles of Professional Development.  Since the focus of this competition is on professional development for teachers and other educators in preK-12 settings, only individual schools (public or private) or school districts may apply.  In doing so, applicants are encouraged to submit applications that describe their partnerships with entities such as institutions of higher education.  If a school district applies, individual schools in that district may not submit their own applications.  More information and the application packet can be found at www.ed.gov/inits/teachers/research.html or e-mail sharon_horn@ed.gov.