U.S. Department of Education
Office of Non-Public Education
400 Maryland Avenue, S.W.
Washington, D.C.  20202

Release Date:  November 22, 2004
Questions:  (202) 401-1365

        This past weekend, Congress passed H.R. 1350, the "Individuals with Disabilities Education Improvement Act of 2004," clearing the bill for the President. This bipartisan education bill (which passed the House by a vote of 397-3, and the Senate by Unanimous Consent) gives important new educational opportunities to students with disabilities. The bill includes reform based on paperwork reduction, early intervention, parental choice, and academic results for students.

        H.R. 1350 contains a number of provisions regarding students with disabilities who are enrolled by their parents in private schools. According to the House Education and Workforce Committee's summary of the bill, "Parents should have the right to choose a private school for their children without losing important special education services. To provide equitable participation of students in private schools, the bill expands child find and consultation responsibilities, including a discussion of direct services and alternative service delivery mechanisms. And, when local public schools disagree with private schools officials, a written explanation will be provided."

        The bill also addresses the needs of home-schooled children with disabilities. The House Education and Workforce Committee's summary says: "For some parents, educating their children at home is the best option for their children and their families. To ensure parents full freedom over the education of their children, the bill will allow parents of home schooled children to refuse services for their children when the parents actively reject those services. The bill also makes it clear that local schools do not need to conduct an evaluation or create an IEP if parents state that they will refuse both the evaluation and services, helping avoid unnecessary and unwanted involvement that can lead to lawsuits."

        More details available on-line include:

        For this additional information on H.R. 1350, visit the following web sites: