Private Schools and Public Services under the IDEA
Abstract
Under the IDEA, a child with a disability is not necessarily limited to a black or white choice between a full public education and a full private one. The IDEA authorizes public service to be provided in private settings when ,appropriate. However, there has been considerable disagreement as to what is appropriate. In 1997, the IDEA was amended and reauthorized. The 1997 IDEA Amendments were adopted to simplify the law by making it clear that school districts could provide public services at parochial and other private schools. However, the Congress chose language, which, in the words of one court, was not clear. As a result, a law, which was intended to encourage school districts to provide special education and related services to aprivate school population with disabilities, has resulted in the denial of services in a number of significant cases.
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