Nasb buffet

Eating at the Education Buffet Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

In Nebraska  Homeschool = Private School  No distinction between accredited, approved and non-approved  Accommodating of privately placed students

The Problem  On the One Hand

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The Problem

 On the Other Hand

Common Issues  Part-time Enrollment  Sports and Activities  Services for Disabled Students

Part-Time Enrollment

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Part-Time Enrollment  79-2,136 allows enrollment on a parttime basis by students in non-public schools  All boards must have a policy  Issues to consider • Limited class size • Scope and sequence • Co-curricular courses

Sports and Activities

NSAA and 79-2,136  Bylaws require enrollment in 20 credit hours for current and previous semester • Home school students not eligible unless enrolled in 20 credit hours (2.2.1) • Private school students not eligible at public school (unless coop) • Junior high not regulated

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Students with Disabilities

IDEA  Resident students in private schools entitled to receive FAPE  Non-resident students in private schools get either • FAPE from resident district • “Equitable Services” from district private school is located in • Parents elect

How does this work?

• IEP Team creates plan – Types of services – direct or alternative delivery mechanism – How, where, by whom – How and when decisions will be made

• Private School staff MUST be invited • Public School district makes final decisions!

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Proportionate Share Set-Aside  Must spend proportionate share of Part B subgrant funds on providing special education and related services  Plus any unused carryover from previous year. § 300.133(a)(3)

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Section 504 • Students with disabilities shall receive “equal opportunity” to participate in nonacademic and extracurricular activities • May include: counseling, athletics, transportation, health services, clubs, and employment services

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504 and Private Schools  Public schools aren’t obligated to provide 504 services at private schools • Letter to Vier, 20 IDELR 864 (OCR 1993)

 504 applies to private schools independently

• Bristol (CT) Pub. Schs., 55 IDELR 207 (OCR 2010)

A Special Education Smorgasbord Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

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