Under the Individuals with Disabilities Education Act (IDEA), nonpublic proportionate share requirements apply to students with disabilities ages 3–21 who are parentally placed in nonprofit private or parochial schools. This includes home-schooled students, as home schools are considered private schools under IDEA.
Preschool-aged children (ages 3–5) are included only if they are parentally placed in a nonprofit private or parochial school that qualifies as an elementary school.
Children with disabilities who are placed in private schools by their parents—in cases where a Free Appropriate Public Education (FAPE) is not at issue—do not have an individual entitlement to the special education and related services they would otherwise receive if enrolled in a public school or placed in a private school by the Local Education Agency (LEA) to ensure FAPE.
Although IDEA does not provide an individual entitlement to services for these children, LEAs are required to allocate a proportionate amount of their IDEA Part B funds to provide equitable services. These services may be direct and/or indirect.
In determining how these services will be provided, IDEA mandates that LEAs engage in timely and meaningful consultation with representatives of private schools and parents. This consultation process helps identify which students with disabilities will receive special education and related services under the proportionate share provision.
