Individuals with Disabilities Education Act: Services in Private Schools under P.L. 105-17 (CRS Report for Congress)
| Release Date |
Oct. 19, 2000 |
| Report Number |
98-854 |
| Authors |
Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The 1997 amendments to the Individuals with Disabilities Education Act (IDEA), P.L. 105-17 ,
changed previous statutory language regarding private school services for children with disabilities
who are unilaterally placed in a private school by their parents. Three major additions were made to
the statutory language on this issue: (1) requiring the states to spend a proportionate amount of IDEA
funds on private school children with disabilities who are enrolled in the private school by their
parents, (2) allowing school districts to provide special education related services on the premises
of private schools, including parochial schools, and (3) applying the identification, child find, and
evaluation provisions to children placed by their parents in private schools. Since enactment, several
courts have interpreted these provisions and found public schools are not required to pay the costs
of special education services for a particular child in a private school; rather, states are required to
expend proportionate amounts of federal funds on special education services for such children. In
addition, the Department of Education promulgated regulations implementing the statutory language.
This report will be updated. For a general discussion of IDEA see Apling and Jones, "Individuals
with Disabilities Education Act (IDEA): Overview of Major Provisions," CRS Report RS20366.
