A fact sheet produced by a group of New Jersey special education attorneys and advocates outlines a problem affecting students with disabilities who are placed in New Jersey’s state approved private schools for students with disabilities.
In June 2015 the New Jersey Department of Education (NJDOE) issued a memo related to payment and delivery of related services in the IEP for students placed in private special education schools. According to the memo, private schools who accept a student are required to provide ALL related services in a student’s IEP as part of tuition, at no added cost to the school district. The only exception is for a one-to-one aide or one-to-one nursing.
For decades, IEP teams have relied on multiple agencies or providers for related services – including counseling, occupational therapy, physical therapy, school nurse services, recreation, social work services, and speech-language services – that may not be provided as part of the private school’s program. In these situations, the child would attend the private school and receive some or all of the related services from the district directly, or through other providers with which the district contracts.
Private school leaders report that they cannot cover the added costs – in some cases, adding $30,000 to the cost of special education – and are not able to recruit, hire, and supervise providers in remote locations. Private schools are also limited by state code as to how much they can pay for such services – and the rates are much lower than those public schools are allowed to pay.
Advocates and private schools are challenging NJDOE’s position.
The fact sheet urges parents in this situation to file for due process to ensure that their child’s program remains whole.
