Printable Format72-3462. Same; conditions for provision; location; transportation. Every school district shall provide special education services for exceptional children who reside in the school district and attend a private, nonprofit elementary or secondary school, whether such school is located within or outside the school district, upon request of a parent or guardian of any such child for the provision of such services. No school district shall be required to provide such services outside the school district. Any school district may provide special education services for exceptional children who attend a private, nonprofit elementary or secondary school located within the school district, whether or not all such children reside in the school district. Special education services which are provided under this section for exceptional children who attend a private, nonprofit elementary or secondary school which is located in the school district may be provided in the private, nonprofit elementary or secondary school or in the public schools of the school district. The site for the provision of special education services under this section for an exceptional child shall be determined by the school district in consultation with the parent or guardian of the child and with officials of the private, nonprofit elementary or secondary school. Special education services provided under this section for exceptional children who attend a private, nonprofit elementary or secondary school are subject to the following requirements: (a) If the services are provided for in the private, nonprofit elementary or secondary school, amounts expended for the provision of such services shall not be required to exceed the average cost to the school district for the provision of the same services in the public schools of the school district for children within the same category of exceptionality; (b) if the services are provided for in the public schools of the school district, the services shall be provided on an equal basis with the provision of such services for exceptional children attending the public schools; and (c) if the services are provided in the public schools of the school district, transportation to and from such public school shall be provided by the school district.
History: L. 1980, ch. 212, § 2; L. 1999, ch. 116, § 40; July 1.
Source or Prior Law:
72-5393.
Law Review and Bar Journal References:
"Individuals with Disabilities Education Act - The Right 'Idea' for All Childrens' Education," Cynthia L. Kelly, 75 J.K.B.A. No. 3, 24 (2006).
CASE ANNOTATIONS
1. School district required to provide interpretive services for deaf student at private school. Fowler by Fowler v. Unified School Dist. No. 259, 900 F. Supp. 1540, 1542 (1995).
2. School district required to pay sign language intepreter similar amount to public and private school students. Fowler v. Unified School Dist. No. 259, 107 F.3d 797, 800, 809 (1997).
3. Deaf student entitled to interpreter at private school at cost no greater than public schools. Fowler v. Unified School Dist. No. 259, 128 F.3d 1431, 1438 (1997).