015.01 Children Placed In or Referred To a
Nonpublic School or Facility by the School District or Approved Cooperative As
a Means of Providing Special Education and Related Services
015.01A School districts or approved
cooperatives shall ensure that a child with a disability who is placed in or
referred to a nonpublic school or facility by a school district:
015.01A1 Is provided special education and
related services in conformance with an lEP that meets the requirements of
Section 007 at no cost to the parents;
015.01A2 Is provided an education that meets
the standards that apply to education provided by the school district or
approved cooperative including the requirements of this Chapter except 92 NAC
51-003.62; and
015.01A3 Has all of
the rights of a child with a disability who is served by a school district or
approved cooperative.
015.01B The school district or approved
cooperative is responsible for initiating and conducting meetings for the
purpose of developing, reviewing and revising an lEP for a child with a
verified disability.
015.01B1 Before a school
district or approved cooperative places a child with a disability in, or refers
a child to, a nonpublic school or facility, the school district or approved
cooperative shall initiate and conduct a meeting to develop an lEP for the
child in accordance with Section 007.
015.01B2 After a child with a disability
enters a nonpublic school or facility, any meetings to review and revise the
child's lEP may be initiated and conducted by the nonpublic school or facility
at the discretion of the school district or approved cooperative.
015.01B3 If the nonpublic school or facility
initiates and conducts these meetings, the school district or approved
cooperative shall ensure that the parents and nonpublic representative:
015.01B3a Are involved in any decision about
the child's lEP; and
015.01B3b
Agree to any proposed changes in the lEP before those changes are
implemented.
015.02 Children Placed In a Nonpublic School
by Parents As a Means of Obtaining Special Education and Related Services; FAPE
is At Issue
015.02A This Chapter does not
require a school district or approved cooperative to pay for the cost of
education, including special education and related services, of a child with a
disability at a nonpublic school or facility if that school district or
approved cooperative made FAPE available to the child and the parents elected
to place the child in a nonpublic school or facility as a means of obtaining
special education and related services. However, the school district or
approved cooperative shall include that child in the population whose needs are
addressed consistent with 92 NAC 51-015.03.
015.02B Disagreements between a parent and a
school district or approved cooperative regarding the availability of a program
appropriate for the child, and the question of financial reimbursement, are
subject to the due process procedures of 92 NAC 55.
015.02B1 If the parents of a child with a
disability, who previously received special education and related services
under the authority of the school district or approved cooperative, enroll the
child in a nonpublic preschool, elementary or secondary school as a means of
obtaining special education and related services without the consent of or
referral by the school district or approved cooperative, a court or a hearing
officer may require the school district or approved cooperative to reimburse
the parents for the cost of that enrollment if the court or hearing officer
finds that the school district or approved cooperative had not made a free
appropriate public education available to the child in a timely manner prior to
that enrollment and that the private placement is appropriate.
015.02B1a A parental placement may be found
to be appropriate by a hearing officer or a court even if it does not meet the
State standards that apply to education provided by the school district or
approved cooperative.
015.02C The cost of reimbursement described
in 92 NAC 51-015.02B1 may be reduced or denied if:
015.02C1 At the most recent lEP team meeting
that the parents attended prior to removal of the child from the public school,
the parents did not inform the lEP team that they were rejecting the placement
proposed by the school district or approved cooperative to provide a free
appropriate public education to their child, including stating their concerns
and their intent to enroll their child in a nonpublic school at public expense;
or
015.02C2 At least 10 business
days (including any holidays that occur on a business day), prior to the
removal of the child from the public school or approved cooperative, the
parents did not give written notice to the school district of the information
described in 92 NAC 51-015.02C1; or
015.02C3 If prior to the parents' removal of
the child from the public school, the school district or approved cooperative
informed the parents, through the notice requirements described in 92 NAC
51-009.05, of its intent to evaluate the child (including a statement of the
purpose of the evaluation that was appropriate and reasonable), but the parents
did not make the child available for such evaluation; or
015.02C4 Upon a judicial finding of
unreasonableness with respect to actions taken by the parents.
015.02D Notwithstanding the notice
requirement in 92 NAC 51-015.02C1 and 015.02C2, the cost of reimbursement:
015.02D1 Must not be reduced or denied for
failure to provide the notice if:
015.02D1a
The school district or approved cooperative prevented the parents from
providing the notice;
015.02D1b The
parents had not received notice, pursuant to 92 NAC 51-009.06 of the notice
requirement in 92 NAC 51-015.02C1 and 015.02C2; or
015.02D1c Compliance with 92 NAC 51-015.02C1
and 015.02C2 would likely result in physical harm to the child; and
015.02D2 May, in the discretion of
the court or a hearing officer, not be reduced or denied for failure to provide
this notice if:
015.02D2a The parents are not
literate or cannot write in English; or
015.02D2b Compliance with paragraph 92 NAC
51-015.02C1 and 015.02C2 of this section would likely result in serious
emotional harm to the child.
015.03 Children Enrolled In a Nonpublic
School by Parents If FAPE Is Not At Issue
015.03A Parentally-placed nonpublic school
children with disabilities means children with disabilities enrolled by their
parents in nonpublic, including religious schools or facilities that meet the
definition of elementary or secondary school, other than children with
disabilities covered in 92 NAC 51-015.01 and 015.02.
015.03A1 For purposes of providing equitable
services utilizing IDEA funds described in 92 NAC 51-012.08:
015.03A1a Elementary school shall mean a
school system accredited pursuant to 92 NAC 10, a nonpublic school approved
pursuant to 92 NAC 14, or an interim-program school approved pursuant to 92 NAC
18 that offers instruction in any or all grades Kindergarten through eighth
grade designated by the school as an elementary grades.
015.03A1b Secondary school shall mean a
school system accredited pursuant to 92 NAC 10, a nonpublic school approved
pursuant to 92 NAC 14 or an interim-program school approved pursuant to 92 NAC
18 that offers instruction in any or all grades seventh through twelfth
designated by the school as a secondary grade.
015.03A2 For purposes of providing a Free
Appropriate Public Education:
015.03A2a
Elementary school shall mean a school system accredited pursuant to 92 NAC 10,
a nonpublic school approved pursuant to 92 NAC 14 or an interim-program school
approved pursuant to 92 NAC 18 that offers instruction in any or all grades
Kindergarten through eighth grade designated by the school as an elementary
grades and also includes children attending nonpublic schools that are exempt
from approval or accreditation pursuant to 92 NAC 12 and 92 NAC 13.
015.03A2b Secondary school shall mean a
school system accredited pursuant to 92 NAC 10, a nonpublic school approved
pursuant to 92 NAC 14 or an interim-program school approved pursuant to 92 NAC
18 that offers instruction in any or all grades seventh through twelfth
designated by the school as a secondary grades and also includes children
attending nonpublic schools that are exempt from approval or accreditation
pursuant to 92 NAC 12 and 92 NAC 13.
015.03B Child find for Parentally-placed
Nonpublic School Children with Disabilities
015.03B1 Each school district or approved
cooperative must locate, identify, and evaluate all children with disabilities
who are enrolled by their parents in nonpublic, including religious, elementary
schools and secondary schools located in the school district or approved
cooperative, in accordance with 92 NAC 51-015.03B2 through 015.03B5.
015.03B2 The child find process must be
designed to ensure:
015.03B2a The equitable
participation of parentally-placed nonpublic school children; and
015.03B2b An accurate count of those
children,
015.03B3 In
carrying out the child find requirements, the school district or approved
cooperative must undertake activities similar to the activities undertaken for
public school children.
015.03B4
The cost of carrying out the child find requirements in this subsection,
including individual evaluations, may not be considered in determining if a
school district or approved cooperative has met its obligations under 92 NAC
51-012.08.
015.03B5 The child find
process must be completed in a time period comparable to that for children
attending public schools in the school district or approved cooperative
consistent with 92 NAC 51-006.02.
015.03B6 Each school district or approved
cooperative, in which one or more nonpublic, including religious, elementary
schools and secondary schools are located must, in carrying out the child find
requirements in this subsection, include parentally-placed nonpublic school
children who reside in a State other than Nebraska.
015.03C Provision of Services for
Parentally-placed Nonpublic School Children
015.03C1 To the extent consistent with the
number and location of children with disabilities who are enrolled by their
parents in nonpublic including religious elementary schools and secondary
schools located in the school district or approved cooperative, provision must
be made for the participation of those children in the program assisted or
carried out under Part B of the IDEA as amended in 2004 by providing them with
special education and related services.
015.03C1a Parentally-placed nonpublic school
children with disabilities are eligible for the provision of a free appropriate
public education from the school district or approved cooperative in which they
reside. Services available under such circumstances are referred to as a Free
Appropriate Public Education (FAPE).
015.03C1a(1) An lEP shall be developed and
implemented in accordance with 92 NAC
51-007 for each resident nonpublic
school child receiving FAPE.
015.03C1b Parentally-placed nonpublic school
children with disabilities who are attending a nonpublic school located outside
of their district of residence may receive special education and related
services (referred to as equitable services) from the district in which the
nonpublic school is located or a free appropriate public education (FAPE) from
the district in which they reside, but not both. The decision on whether to
receive equitable services or FAPE is at the discretion of the child's parent.
015.03C1b(1) In accordance with 92 NAC
51-015.03C1 and 92 NAC 51-015.03G through 015.031, an equitable services plan
must be developed and implemented for each nonresident nonpublic school child
with a disability who has been designated by the school district or approved
cooperative in which the nonpublic school is located to receive equitable
services.
015.03C2 Each school district or approved
cooperative must maintain in its records, and provide to the Nebraska
Department of Education the following information related to parentally-placed
nonpublic school children attending nonpublic schools located in the school
district or approved cooperative:
015.03C2a
The number of children evaluated;
015.03C2b The number of children determined
to be children with disabilities; and
015.03C2c The number of children
served.
015.03C3 Special
education and related services (FAPE or equitable services) provided to
parentally-placed nonpublic school children with disabilities, including
materials and equipment, must be secular, neutral, and
nonideological.
015.03D
Consultation
015.03D1 To ensure timely and
meaningful consultation, a school district or approved cooperative must consult
with representatives of nonpublic schools located in the school district or
approved cooperative and representatives of parents of parentally-placed
nonpublic school children with disabilities attending such schools during the
design and development of special education and related services (FAPE and
equitable services) for the children regarding the following:
015.03D1a The child find process, including:
015.03D1a(1) How parentally-placed nonpublic
school children suspected of having a disability can participate equitably;
and
015.03D1a(2) How parents,
teachers, and nonpublic school officials will be informed of the
process.
015.03D1b The
determination of the proportionate share of Federal funds available to serve
parentally-placed nonpublic school children with disabilities available under
34 CFR
300.133(C), including the
determination of how the proportionate share of those funds was calculated.
015.03D1c The consultation process
among the school district or approved cooperative, nonpublic school officials,
and representatives of parents of parentally-placed nonpublic school children
with disabilities, including how the process will operate throughout the school
year to ensure that parentally-placed children with disabilities identified
through the child find process can meaningfully participate in special
education and related services (FAPE or equitable services).
015.03D1d How, where, and by whom special
education and related services (FAPE or equitable services) will be provided
for parentally-placed nonpublic school children with disabilities, including a
discussion of;
015.03D1d(1) The types of
services, including direct services and alternate service delivery mechanisms;
and
015.03D1d(2) How special
education and related services funded by the proportionate amount of federal
funds will be apportioned if such funds are insufficient to serve all
parentally-placed nonpublic school children; and
015.03D1d(3) How and when those decisions
will be made.
015.03D1e
If the school district or approved cooperative disagrees with the views of the
nonpublic school officials on the provision of services or the types of
services (whether provided directly or through a contract), the school district
or approved cooperative will provide to the nonpublic school officials a
written explanation of the reasons why the school district or approved
cooperative chose not to provide services directly or through a
contract.
015.03E Written Affirmation
015.03E1 When timely and meaningful
consultation, as required by 92 NAC 51-015.030 has occurred, the school
district or approved cooperative must obtain a written affirmation signed by
the representatives of participating nonpublic schools.
015.03E2 If the representatives do not
provide the affirmation within a reasonable period of time, the school district
or approved cooperative must forward the documentation of the consultation
process to the Nebraska Department of Education.
015.03F Complaints
015.03F1 A nonpublic school official has the
right to submit a complaint to the Nebraska Department of Education that the
school district or approved cooperative:
015.03F1a Did not engage in consultation that
was meaningful and timely; or
015.03F1b Did not give due consideration to
the views of the nonpublic school official.
015.03F2 If the nonpublic school official
wishes to submit a complaint, the official must provide to the Nebraska
Department of Education the basis of the noncompliance by the school district
or approved cooperative with the applicable school provisions in this Chapter;
and
015.03F2a The school district or approved
cooperative must forward the appropriate documentation to the Nebraska
Department of Education. If the nonpublic school official is dissatisfied with
the decision of the Nebraska Department of Education, the official may submit a
complaint to the United States Secretary of Education by providing the
information on noncompliance described in 92 NAC 51-015.03F2. The Nebraska
Department of Education must forward the appropriate documentation to the
United States Secretary of Education.
015.03G Equitable Services for Nonresident
Nonpublic School Children Determined
015.03G1
No parentally-placed nonresident nonpublic school child with a disability has
an individual right to receive some or all of the special education and related
services that the child would receive if enrolled in a public school.
015.03G2 Decisions about the equitable
services that will be provided to parentally-placed nonresident nonpublic
school children with disabilities must be made in accordance with 92 NAC
51-015.03G3 and 015.03D1C.
015.03G2a The
school district or approved cooperative must make the final decisions with
respect to the equitable services to be provided to eligible parentally-placed
nonresident nonpublic school children with disabilities.
015.03G3 If a nonresident nonpublic school
child with a disability is enrolled in a religious or other nonpublic school by
the child's parents and will receive equitable services from a school district
or approved cooperative, the school district or approved cooperative must:
015.03G3a Initiate and conduct meetings to
develop, review, and revise an equitable services plan for the child, in
accordance with 92 NAC 51-015.03H; and
015.03G3b Ensure that a representative of the
religious or other nonpublic school attends each meeting. If the representative
cannot attend, the school district or approved cooperative shall use other
methods to ensure participation by the religious or other nonpublic school,
including individual or conference telephone calls.
015.03H Equitable Services
Provided to Nonresident Nonpublic School Children with Disabilities
015.03H1 The equitable services provided to
parentally-placed nonresident nonpublic school children with disabilities must
be provided by personnel meeting the same standards as personnel providing
services in the public schools, except that nonpublic elementary school and
secondary school teachers who are providing equitable services to
parentally-placed nonresident nonpublic school children with disabilities do
not have to meet the special education teacher requirements of 92 NAC
51-003.62.
015.03H2
Parentally-placed nonresident nonpublic school children with disabilities may
receive a different amount of services than resident public and nonpublic
school children with disabilities.
015.03H3 Each parentally-placed nonresident
nonpublic school child with a disability who has been designated to receive
equitable services under 92 NAC 51-015.03C1b must have an equitable services
plan that describes the specific special education and related services that
the school district or approved cooperative will provide to the child in light
of the services that the school district or approved cooperative has
determined, through the process described in 92 NAC 51-015.03C and 015.03G, it
will make available to parentally-placed nonresident nonpublic school children
with disabilities.
015.03H4 The
equitable services plan must, to the extent appropriate:
015.03H4a Meet the requirements of 92 NAC
51-007.07A or for a child ages three through five, meet the requirements of 92
NAC 51-007.02A1 with respect to the services provided; and
015.03H4b Be developed, reviewed, and revised
consistent with 92 NAC
51-007.
015.03H5 Equitable services must be provided;
015.03H5a By employees of a public school
district or approved cooperative; or
015.03H5b Through contract by the school
district or approved cooperative with an individual, association, agency,
organization, or other entity.
015.03I Location of Services and
Transportation
015.03I1 Services (equitable or
FAPE) to parentally-placed nonpublic school children with disabilities may be
provided on the premises of nonpublic, including religious, schools, to the
extent consistent with law.
015.03I1a A school
district or approved cooperative may lease a classroom in a nonpublic school
building. If properly drafted, the lease transforms the classroom into a public
school classroom during the times covered by the lease. The board of education
of a public school district may offer the special education programs enumerated
in Neb. Rev. Stat. §
79-1127 in a leased classroom in a
nonpublic school building. It does not, however, have an unqualified legal duty
to do so.
015.03J Due Process and State Complaints
015.03J1 Except as provided in 92 NAC
51-015.03J2, the procedures in 92 NAC 51-009.06, 009.07, 009.10, 009.12,
009.13, 009.14 and 92 NAC 55 do not apply to complaints that a school district
or approved cooperative has failed to meet the requirements of 92 NAC
51-015.03C1 through 015.031 and 92 NAC 51-014.01D and 012.08 including the
provision of services indicated on the child's equitable services
plan.
015.03J2 The procedures in 92
NAC 51-009.06, 009.07, 009.10, 009.12 through 009.14 and 92 NAC 55 apply to
complaints that a school district or approved cooperative has failed to meet
the child find requirements in 92 NAC 015.03B1, including the requirements in
92 NAC 51-009.08 and 006.
015.03J3
Any due process complaint regarding the child find requirements (as described
in 92 NAC 51-015.03J2) must be served on the school district or approved
cooperative in which the nonpublic school is located and filed with the
Nebraska Department of Education.
015.03J4 Any complaint that the Nebraska
Department of Education or school district or approved cooperative has failed
to meet the requirements in 92 NAC 51-015.03C through 015.03E and 012.08 and 92
NAC 51-015.03G through 015.07 must be filed in accordance with the procedures
described in 92 NAC 51-009.11.
015.03J5 A complaint filed by a nonpublic
school official under 92 NAC 51-015.03F1 must be filed with the Nebraska
Department of Education in accordance with the procedures in 92 NAC
51-015.03F2.
015.04 A school district or approved
cooperative may not use special education funds for classes that are organized
separately on the basis of school enrollment or religion of the children if:
015.04A The classes are at the same site;
and
015.04B The classes include
children enrolled in public schools and children enrolled in nonpublic
schools.
015.05 A school
district or approved cooperative may not use special education funds to finance
the existing level of instruction in a nonpublic school or to otherwise benefit
the nonpublic school.
015.05A A school
district or approved cooperative shall use the special education funds provided
to meet the special education and related services (FAPE or equitable services)
needs of parentally-placed nonpublic school children with disabilities but not
for meeting:
015.05A1 The needs of a nonpublic
school; or
015.05A2 The general
needs of the children enrolled in a nonpublic school.
015.06 A school district or
approved cooperative may use special education funds to make public school
personnel available in other than public facilities:
015.06A To the extent necessary to provide
services designed for parentally-placed nonpublic school children with
disabilities; and
015.06B If those
services are not normally provided by the nonpublic school.
015.07 A school district or
approved cooperative may use special education funds to pay for the services of
an employee of a nonpublic school to provide special education and related
services (FARE or equitable services) if:
015.07A The employee performs the services
outside of his or her regular hours of duty; and
015.07B The employee performs the services
under public supervision and control.
015.08 A school district or approved
cooperative may place equipment and supplies in a nonpublic school for the
period of time needed for the provision of special education and related
services.
015.08A The school district or
approved cooperative shall ensure that the equipment and supplies placed in a
nonpublic school:
015.08A1 Are used only for
the purpose of providing special education and related services; and
015.08A2 Can be removed from the nonpublic
school without remodeling the nonpublic school facilities.
015.08B The school district or approved
cooperative shall remove equipment or supplies from a nonpublic school if:
015.08B1 The equipment and supplies are no
longer needed for the purpose of providing special education and related
services; or
015.08B2 Removal is
necessary to avoid unauthorized use of the equipment and supplies for other
than special education purposes.
015.08C No special education funds may be
used for repairs, minor remodeling, or the construction of non public school
facilities.
015.09 A
school district or approved cooperative must control and administer the funds
used to provide special education and related services under 92 NAC 51-015.03G
through 92 NAC 51-015.031, and hold title to and administer materials,
equipment, and property purchased with those funds for those uses and purposes
provided in this Chapter.