As the new school year begins, school districts need to focus on their responsibilities towards preschool students placed in private schools by their parents. The Individuals with Disabilities Education Act (IDEA) requires Local Educational Agencies (LEAs) to allocate a portion of federal funding to provide equitable services to these children. This assistance is provided through an Individual Services Plan (ISP). However, whether preschool students are entitled to these services depends on the type of school they attend.
Recently, the California Department of Education (CDE) updated its guidance on the eligibility of preschool children with disabilities who are enrolled in private schools by their parents. According to California law, “private school students with disabilities” are defined as children with disabilities enrolled in private schools or facilities that qualify as an “elementary school” or “secondary school” (Cal. Ed. Code §56170). The CDE’s new guidance aligns with the U.S. Department of Education’s February 2022 clarification, stating that children ages 3 to 5 with disabilities are eligible for equitable services through an ISP if their private preschool meets California’s definition of an “elementary school.” If the school does not meet this definition, the equitable service provisions do not apply.
The guidance notes that California law lacks a singular definition of “elementary school,” but it specifies that kindergarten and transitional kindergarten are considered forms of elementary education (Cal. Ed. Code §§ 48000(d), 46114(c), and 46115). Therefore, if a private preschool offers both preschool and transitional kindergarten programs, students with disabilities placed there by their parents are eligible for equitable services through an ISP.
This clarification may change how LEAs calculate their proportionate share expenditures and report data in the California Longitudinal Pupil Achievement Data System (CALPADS) for preschool students with disabilities in private schools. School districts are encouraged to examine whether the private preschools or facilities in their area can be classified as an “elementary school.” They should also consider how this designation affects their proportionate share expenditures and data reporting in CALPADS.
For questions about a student’s eligibility for equitable services through an ISP, or to determine if a private preschool qualifies as an elementary school under California law, it is advisable to consult with special education legal counsel for guidance.
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