Court upholds special ed services for private school students

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Court upholds special ed services for private school students

In a case involving the Robbinsdale district, the Court of Appeals said a

private school student has a right to all public special education services.

By ROCHELLE OLSON <http://www.startribune.com/bios/10645556.html> , Star

Tribune

Special education students in nonpublic schools are entitled to services and

instruction, even extended-year services, from public schools, the state

Court of Appeals ruled Tuesday in a case involving the Robbinsdale school

district.

The decision by a three-judge panel upheld a 2006 ruling by the Minnesota

Department of Education and affirmed the agency's ability to investigate

districts.

The department found the Robbinsdale district in violation of state law

because it was limiting special instruction and services to disabled

private-school students, especially extended-school-year services -- even

though the school district was found to have provided appropriate services

for the student in this particular case.

The department ordered the district to prepare a memo regarding the rights

of private-school students to a " free appropriate public education " and

addressing the rights to special education and related services, which would

be distributed to school personnel.

The district also was ordered to send a letter to private-school parents

explaining their right to discuss services for their disabled children.

The school district sought to overturn the ruling on several grounds, but

the court declined in a decision written by Judge Klaphake and signed

by Judges Gordon Shumaker and Worke.

During the 2005-'06 year, the unidentified child in question attended third

grade at a private school in the district. In February 2006, the district

determined that the student was eligible for special-needs services. The

district prepared an individualized education plan to increase the student's

math and organizational skills. The plan indicated that extended-year

services were not required.

In May 2006, the child's parent asked the district to determine if the child

was eligible for services in the summer of 2006. The district responded that

private school students do not have a right to special services.

Eventually, the district agreed to provide some summer services in math. The

district contends that the parent agreed to the services and declined

additional ones, but the parent said that was all the district would

provide.

The district argued in part that the state education department lacked the

authority to review its services for disabled private school students simply

because of a complaint by one student's parent.

The court, however, said the department has the authority and responsibility

to " investigate the complaint, assess the local school district's polices "

and " if necessary, order corrective action to address the provision of

appropriate services to children with disabilities in the future. "

School District Superintendent Stan Mack said the ruling will " not change

any district practice as we've been consistently doing the right thing with

services in question for the nonpublic student. "

He noted that the district had challenged the state's authority to probe an

entire class just because one student raised a question. The district will

not appeal further, he said.

Deputy Education Commissioner Chas issued a written statement: " We

are pleased that the Court of Appeals clearly affirmed the Department of

Education's authority to ensure that students with disabilities enrolled in

nonpublic schools receive services from public school districts to which

they are legally entitled, " she said.

Rochelle Olson .

http://www.startribune.com/local/west/13529826.html

Amy A. Sosa

amy.sosa@...

Coppell, Texas

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