Non-public vs. Private School

[Guest guest]

Celeste or Kay-

In my original post regarding our District's starting their own oral

preschool program, I said they are currently sending Madeline to a " private

auditory oral preschool " . Our director set me straight- it is NOT a private

school, but a non-public school. She said the difference is that a

non-public school CAN receive federal funds.

Can you refer me to anything in the regs regarding non-public schools?

Joan, mom of Madeline, age 4 HOH

[Guest guest]

>Celeste or Kay-

>

>In my original post regarding our District's starting their own oral

>preschool program, I said they are currently sending Madeline to a " private

>auditory oral preschool " . Our director set me straight- it is NOT a private

>school, but a non-public school. She said the difference is that a

>non-public school CAN receive federal funds.

>

>Can you refer me to anything in the regs regarding non-public schools?

Joan, I simply do not understand how a school can be a non-public

school and still not be a private school. The regs only address

private schools and public schools. There is nothing in the regs about

a non-public, non-private school. I would suggest that you consider

this to be a private school. My sense, from your previous posts is

that this IS a private school, but a non-sectarian (not affiliated with

any religious institution) school. Because it is non-sectarian, it

would be eligible for public funds.

As I said before, the regs are on-line at many sites. The one I like

the best is http://www.ideapractices.org/idearegsmain.htm.

The regs addressing children with disabilities in private schools are

Subpart D, beginning with Part 300.400.

Celeste

[Guest guest]

>Celeste, if Joan writes to OSEP for a letter of clarification, how long

>would it take to get a response, or would they even bother?

They probably wouldn't bother, but if they do, it would probably be

months.

As I said in my last post, if it's not a public school, treat it like a

private school.

Celeste

[Guest guest]

> >Our director set me straight- it is NOT a private

> >school, but a non-public school. She said the difference is that a

> >non-public school CAN receive federal funds.

> >

> >Can you refer me to anything in the regs regarding non-public schools?

> There is nothing in the regs about

> a non-public, non-private school. I would suggest that you consider

> this to be a private school.

The gist I'm getting from doing some searches on the subject is that

" non-public " a new catch phrase being used. It appears to be an umbrella

term and under it fall:

Religious schools

Non-religious schools

Home Schools

I did find some North Carolina Statutes on Non-Public schools, but they're

not related to special education.

http://www.doa.state.nc.us/dnpe/hhh108.htm

Celeste, if Joan writes to OSEP for a letter of clarification, how long

would it take to get a response, or would they even bother?

Kay

[Guest guest]

> > >Our director set me straight- it is NOT a private

> > >school, but a non-public school. She said the

> difference is that a

> > >non-public school CAN receive federal funds.

> > >

> > >Can you refer me to anything in the regs

> regarding non-public schools?

>

> > There is nothing in the regs about

> > a non-public, non-private school. I would suggest

> that you consider

> > this to be a private school.

>

> The gist I'm getting from doing some searches on the

> subject is that

> " non-public " a new catch phrase being used. It

> appears to be an umbrella

> term and under it fall:

> Religious schools

> Non-religious schools

> Home Schools

OK, this thread has my attention. By some states'

laws homeschoolers are considered private schools

(whether or not specifically non-accredited) and in

others they seem to fall just within the bounds of

public schools. Since the IDEA doesn't define these

areas, are they subject to states' definitions, then

the IDEA applied?

Listening eagerly,

__________________________________________________

[Guest guest]

>OK, this thread has my attention. By some states'

>laws homeschoolers are considered private schools

>(whether or not specifically non-accredited) and in

>others they seem to fall just within the bounds of

>public schools. Since the IDEA doesn't define these

>areas, are they subject to states' definitions, then

>the IDEA applied?

IDEA only applies to entities receiving Part B monies. So, if a child

is attending some variety of school not under the aegis of the state

dept of ed (which technically is the recipient of the IDEA grant), one

would have to look at whether or not that child was unilaterally, by

the parents, placed there; or if placement there is by way of an IEP,

under which the public school district pays for the child's placement

and any related costs, including transportation - and thus the public

school district still retains the responsibility to provide FAPE to the

child; or the odd case, in which the child was unilaterally placed by

the parents in a private school, after the parents gave proper notice

to the district their belief that the public school placement was not

FAPE, and therefore the parents will be seeking reimbursement for that

private school placement via due process hearing.

Clear as mud?

Celeste

[Guest guest]

Hi! I serve on a grant for my town serving children ages 2.9 to 5. One part of

the grant allows sliding scale for children whose parent(s) work and can't

afford to send to nursery school. (Understand our town has no public nursery

school)We service three nursery schools two are in churches and the last is in

the public school. According to the federal grant only the two nursery schools

in the church are elegible for the funding even though all three schools pay

tuition and soley run by this tution payment. The state and federal government

both stated the school residing in the public school which is governed by public

school officials is considered nonpublic and the other two to be private. they

are not eligible for sliding scale funding but can receive support for other

things including in grant. I thought would share this info which was shared with

us this week. I don't know if this helps or not.

Take Care

Lori hoh mother of Audrey hoh