2. Nonpublic School Laws on Special
Education
To receive Special education: The student must…
1) Be Eligible under IDEA
2) Have an IEP
The Process…
1) May request an evaluation from the local school district.
2) The Public School has 10 days to provide notice and request
parental consent.
3) Public School conducts an evaluation (completed within 30 days
A) Determines eligibility
B) Hold IEP Meeting
C) IEP Signed and services provided
3. IDEA and ADA
Apply specifically to Public Education
Should they not apply to us?
We should seek to apply these to us even though not
mandated.
Why?
Love your neighbor (also those with disabilities) as yourself.
Common Sense – Providing for those who struggle –seek to
make them successful
Note: There are many laws that do apply…but they are in
the areas of Accreditation and Licensing, Reporting,
Curriculum, Health and Safety, and a few miscellaneous
laws.
4. Let’s look at some cases where
private schools have been
impacted by IDEA
Winkelman v. Parma City School District
The Finding: The U.S. Supreme Court held that parents, not just
students have rights under IDEA
The Case: In this case the IEP for an autistic child called for his
education to be provided in a public school, but his parents didn’t
believe that this would provide him with FAPE. They enrolled him
in private school at their own expense while following IDEA
procedures to challenge the IEP.
Significance for Plymouth Christian: Parents must be part of
the IEP meeting, you must allow them input.
5. Cases Continued….
A.D. v. Sumner School District
The Finding: The public school was wrong in expecting a private
school to assess a student the district had placed there.
The Case: This student was LD, ED, and had impulsive behavior. He
moved. The new school district placed him in a private school. His
former school district provided ESY (Extended School Year). The new
school district didn’t want ESY for him. The private school thought
he needed it. All of those educators most familiar with his social
and emotional needs said he needed ESY. From the amended IDEA
of 2004, if extra data is needed, it is the district’s responsibility to
produce it.
Significance for Plymouth Christian: Plymouth can expect the
public school to assess our students.
6. Cases Continued….
Carlucci v. Rugby School Inc.
The Finding: Private school teacher who was asked to prepare a
Student’s IEP was fired for after she refused on grounds that it
violated state law.
The Case: A teacher was asked to prepare a draft of an IEP. She
refused on grounds that Special Education Law required that an
IEP be written as a team. Writing a draft in which every one of
the team can express thoughts/changes is not a violation of State
Law.
Significance for Plymouth Christian: Plymouth can fire
teachers who insubordinately refuse to write a draft of an IEP.
7. Cases Continued….
Bishop b. Oakstone Academy
The Finding: Parents must bring IDEA claims against the
district that placed the student in a private school, not against
the private school.
The Case: The district placed a student in a private school that
specializes in educating autistic children. The public school paid
his tuition. The private school created an IEP for the student.
Four months later the private school expelled the child. IDEA
claims brought against the private school. This could not
happen because the school receives no federal funds.
Significance for Plymouth Christian: Since Plymouth
receives no federal funds, no IDEA claims can be brought.
8. Cases Continued….
Knable ex rel. Knable v. Bexley
The Finding: If a district never held an IEP meeting, parents were
denied opportunity to participate in the IEP process. The lack of an
IEP for a ADHD student denied access to specialized instruction and
related services.
The Case: An ADHD student was enrolled in a residential placement
because they had a therapist, psychiatrist, teacher counselors, and
smaller classes, but since the district responsible never convened an
IEP meeting within 30 calendar days, the district had to pay the cost
of private placement.
Significance for Plymouth Christian: A diagnosed student who
comes to Plymouth should have an IEP within 30 days.
9. Cases Continued….
Bishop v. Oakstone Academy
The Finding: Parents of a child with disability can sue a private
school for breach of a contract based in part on an IEP.
The Case: An IEP can constitute the private school’s offer to
provide student services. The 2004 amendment of IDEA
specifically called for districts to place children with disabilities in
private schools better equipped to provide FAPE. The district has
the responsibility over the IEP.
Significance for Plymouth Christian: Plymouth can take
students from other districts but if we do not follow the IEP, we are
also liable.
10. Cases Continued….
Ullmo ex rel. Ullmo v. Gilmour Academy.
The Finding: A school cannot claim breach of contract when only
indefinite and aspirational language is used in the mission
statement.
The Case: A student at Glimour transferred to Montessori School
in 2nd grade… was tested for and confirmed to be LD….then came
back to Gillmour in 7-12th grade. After graduating with poor
grades, the parents sued claiming breach of contract. The court
determined that the school is not liable under IDEA.
Significance for Plymouth Christian: Plymouth can learn that if
we want to service LD students and to avoid lawsuits, contracts
should not be used with LD students.
11. Jesus’ example of compassion:
Biblical Principle #1:
Following in His steps…
Luke13:10 –
Speaks of Severely disabled woman
Jesus sees her – has compassion
So the disabled (physically, mentally, and emotionally) need
our help.
Contrast Jesus compassion and the Satanic Malice of
Ruler of the Synagogue.
Man’s Laws were put above the Biblical compassion.
Jesus: Outpouring of Heaven v. Ruler: Out-pouring of hell
against this woman.
Plymouth should care for our children (and disabled) so
much more than animals.
12. Plymouth Christian Schools
should seek to provide services
to all!
Have a mandate to educate all student
(Including students with disabilities
Reasons:
1) All children are unique creations of God.
2) They are the children which God has
graciously given us. (Genesis 33:5)
13. Annotated Bibliography
Wheeler, E. (2009). Private School Law in America: 21st
Edition. Malvern, Pennsylvania: Center for Education &
Employment Law.
The Bible (KJV)
Murray, D. (2011). Donkeys before the Disabled.
Retrieved July 20, 2012 from
http://www.sermonaudio.com/sermoninfo.asp?SID=226111448370.
Private school Laws (Michigan). Retrieved July 27, 2012
from http://www.edchoice.org/Documents/SchoolChoice/Private-Schools-Laws-
and-Regulations/michigan.pdf
Michigan Department of Education (2011). Nonpublic
and Home School Information. Retrieved July 25, 2012
from http://www.michigan.gov/documents/Info2005_132227_7.pdf
