There are two possible private school placement options: 1) parentally placed private school, or 2) placement by the school district at a non-public school (NPS). An NPS is a specialized private school that is contracted by a public school and certified to provide special education services for students with disabilities.
For students who require more support than what a general education setting can offer, non-public schools aim to provide specialized assistance as a last resort. The process of placing a student in an NPS is complex and requires many discussions and considerations by the IEP team, including attendance issues, suspensions, behavioral issues, safety concerns, mental and medical health, grades and progress on IEP goals, and more.
Non-public schools establish their own admission criteria and can decline enrollment if they determine they cannot adequately support a child’s needs. Special education attorney Bryan Winn expands on the details of non-public schools in the following video:
When parents first hear about an NPS specialized in educating children with disabilities, it can often seem like the answer they’ve been waiting for. However, an NPS is just one of the many service options available to students who are not receiving the appropriate level of educational services, and it’s important to understand what an NPS offers and what it doesn’t.
Non-public schools can offer specialized education tailored to the unique needs of children with disabilities, but they can also present more restrictive environments compared to other placement options. With a smaller student-to-teacher ratio and fewer peers overall, your child will have fewer general education interactions compared to being in a public school setting, which can be a good or bad thing, depending on the student. There are many considerations around an NPS, one of which is to consider whether a smaller setting is the right fit for your child.
Cherie Dorreen mentions that we have to consider how the specialized setting of an NPS placement will be helping a student with all the skills they need. For example, if you’re placing your child with a language disability in an NPS with other children with language disabilities, they may have less of a chance to learn from and with their typically developing peers. On the other hand, your child could receive specialized support from trained staff throughout the day in all environments. Although this is the goal for public education, it’s not always the reality.
In the following video clip, Dr. Pelangka provides further insights about things to consider when deciding whether an NPS is the right placement for your child.
While an NPS placement can be a great alternative for students with disabilities, we also need to look at the data. Studies have shown that these schools tend to have statistically low outcomes, test scores, graduation rates, and inclusion, and higher rates of seclusion and restraint. In addition, when a child is taken out of a regular public school setting and placed into an NPS, it is more restrictive, especially if the child is in a residential school setting.
However, in our discussion with Dorreen, we noted that the data from these studies may be inherently skewed because NPS students are often compared to neurotypical children. Based on her experience, Dorreen has encountered individuals who have made significant progress at an NPS. Typically, a student is placed in an NPS because their disability impedes their access to the curriculum and the public education system. Therefore, the NPS aims to offer a specialized curriculum and environment that best supports the child.
In addition, just like public schools, every NPS has to display their School Accountability Report Card on their website. Ask the school to provide information on class size, staffing, test results, and graduation rates for high schools.
If you believe your child could benefit from an NPS placement, you can request it from your IEP team. However, Dorreen emphasizes the importance for parents to enter these meetings prepared to demonstrate that the school hasn't adequately provided the services required for their child. This means you must pinpoint times when the current services provided by the school district simply weren’t meeting your child’s needs.
If your child’s IEP team approves your recommendation for an NPS placement, the process of finding the right NPS will commence. Typically, most parents already have a specific NPS in mind. During this time, several steps should follow (though they might vary depending on the situation):
An IEP meeting is held to formally propose the NPS placement recommendation. Following the meeting, the IEP team will investigate NPS options and issue you a referral letter with NPS recommendations.
During this time, you should contact recommended NPS options to schedule intake interviews/tours immediately following the referral letter.
a. If you do not agree with the proposed NPS placements or if your child doesn’t meet the enrollment criteria, then the IEP will have to provide another set of recommendations.
b. Your child has the right to remain in the current public education program until enrollment begins in an NPS. The offer of FAPE will not change on the IEP until the student is formally accepted in an NPS.
Upon acceptance, your child’s IEP team will then hold a second meeting to determine if the NPS has agreed to accept the student. If so, offer of FAPE will be updated to reflect NPS placement
If you feel the school district is unable to meet your child’s needs, and your child’s IEP team doesn’t agree that you child needs an NPS placement, here’s what the next steps would be:
Your child’s IEP will need to be updated to offer additional supports, services, strategies and assessments in the areas that your child is struggling with.
a. You can also request a meeting in 30/45/60 days, for example, to check in and see if progress is being made, following additional supports being added.
If you still would like for your child to attend an NPS after the new offer of updated services, you may have to file a due process complaint to seek the NPS placement.
Following due process, the school and your family may agree to a settlement that includes the NPS.
a. Check with your attorney if your settlement includes “stay-put”.
Following the settlement, an IEP meeting is needed to put the NPS in the IEP.
Again, most IEP teams will want to explore all other options before considering an NPS placement. They’ll try out general education, general education with specialized academic instruction and support, and special day classes, including county and SELPA regional programs. Typically, only after all other options have been explored will an IEP team consider placing a child in a non-public school. In some cases, a child may be referred to a NPS placement without considering all options if their disability/behavioral challenges require more immediate support. Also, keep in mind that at any given time an NPS can determine that their school isn't the best fit for your child. In such cases, your school district will work with you to find a better-suited NPS.
Typically, the tuition of a student in an NPS is paid by the public LEA that places the student in the NPS. However, if you decide to unilaterally place your child at an NPS without the consent of the IEP team and would like to seek reimbursement, there are some steps to follow. First, parents must tell their IEP team at an IEP meeting that they are rejecting the proposed IEP, and why, and that they intend to enroll their child in an NPS at public expense. Winn recommends parents give a 10-day written notice to their IEP team before pulling their child out of the public school. The letter must state your intent to enroll your child in the NPS at public expense.
Forgetting this step could increase the odds of reimbursement being denied, and the district school can deny funding if you don’t share your concerns or intent to pull your child out of public school in advance. You can then file for due process. A due process hearing will be held to decide whether the school district should pay for the NPS. Know that even if you unilaterally enroll your child in an NPS, the district is still responsible for full implementation of its ‘child-find’ and assessment responsibilities.
Upon initial enrollment, your NPS has 30-days to hold an IEP meeting. According to Undivided Navigator Gabriela Gangitano, your IEP team from your district of residence (your home district) will still be in charge of your child’s IEP. However, the district may choose to assign the responsibility of conducting the IEP meetings and implementing the IEP to the non-public school. Nevertheless, even if the district delegates these tasks to the NPS, the school district retains responsibility for ensuring compliance with special education law. In both circumstances, you will have a designated case manager at the non-public school to help handle any concerns/issues that may arise. The case manager would then connect with the public school district, and an IEP meeting would be requested and held within 30 days of the case manager calling for a meeting. The IEP meeting will usually be held at your child’s NPS. It’s important to note that you can also request an IEP meeting outside of your NPS case manager.
In the following clip, Winn provides further insights into what happens to your child's IEP upon attending an NPS:
Non-public schools are certified and regulated by the California Department of Education to issue diplomas and certificates to students. According to insights from Dr. Pelangka, students attending an NPS can obtain a general education high school diploma. It's crucial to ensure that the school is teaching to grade level and using grade-level curricula, especially if the student is on a general education diploma track. Students attending NPS’ are also eligible to receive a Certificate of Completion and/or an Alternate Pathway Diploma, just as they would at a public high school setting.
Ultimately, you and your child’s IEP team will collaboratively determine the appropriate track for your child, ensuring it's accurately documented in the IEP and communicated during the transition meeting with the NPS team. It's important to recognize that your child’s educational track isn't set in stone; the IEP team can convene to adjust the track if there's sufficient time for the student to fulfill all necessary graduation criteria. Every student with an IEP has until the age of 22 to fulfill graduation requirements, including those for a high school general education diploma. Additionally, students pursuing a Certificate of Completion or Alternate Pathway Diploma can continue in their program until age 22.
Transitioning out of an NPS is another important aspect to consider as your child approaches graduation. When exploring NPS options, be sure to ask about their transition programs and whether they integrate with your public school’s district transition programs.
A residential school can be an affiliate of a non-public school that supports students with higher-level needs. Residential placements are often the last resort that parents and the IEP team will take, as they are the most restrictive placement on the placement hierarchy. In speaking with special education advocate Dr. Sarah Pelangka, we learned that before an IEP team agrees to a residential placement, there's a comprehensive residential assessment conducted. The primary factor to consider is the behaviors of concern occurring in various settings, including school, home, and the community. These behaviors must be consistent across all environments (ex. home, community). IEP teams typically only contemplate a residential placement when a student demonstrates significant school refusal and poses substantial safety concerns to themselves and others across different settings. Pelangka emphasized that locating a residential NPS placement willing to accept students with challenging behaviors has become exceedingly difficult, especially in the post-pandemic landscape. NPS residential schools offer programs for students with disabilities to live in while receiving specialized education with additional supportive services.
Your child’s IEP team may consider a residential placement if:
If a residential placement is decided by the IEP team, the district is required to cover the cost. The student’s IEP will still be the responsibility of the child’s district of residence. However, the district has the option to let the residential school take control of the IEP. Yet, the school district of residence still remains responsible for ensuring that your child’s needs are being met. A residential school placement should be located within close proximity to the county you reside in. However, if no nearby placement is identified there is a chance that the public school could recommend a residential school hours away or out of state. In such cases, the IEP team will determine whether travel expenses could potentially be covered by the school district.
When you’re looking at a list of potential NPS options, it can feel a bit overwhelming to decide which one will support your child the best. But fear not! To help you find the right NPS for your child, we've consulted Dr. Sarah Pelangka, who shares the most important questions to ask during those school tours:
These are just a few questions to help you figure out whether an NPS could be a good match for your child. Just remember, an NPS is only one of the many options out there for kids with disabilities. If you're still unsure about an NPS, don't hesitate to chat with Undivided Navigators for more guidance and check out other possibilities. At the end of the day, as a parent, you're in the driver's seat when it comes to your child's education, so choose the path that feels right for them.
