Florida Department of Education
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Bureau of Instructional Support and Community Services
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McKay Scholarships: Services by Public Schools
Questions and Answers
Background
The following questions were submitted to the Department of Education by the Coalition of
McKay Scholarship Schools. These questions, edited for clarity, and our responses are below.
Services to McKay Scholarship Students by Public Schools
1.
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Can McKay Scholarship students receive services/therapies (e.g., speech or
occupational therapy) that are funded by state dollars and provided in the public
school from the public school in addition to receiving the McKay Scholarship?
No. All of the state funding that the student generated through the Florida Education
Finance Program (FEFP) for such special education and related services is included in the
scholarship awarded to the parent in the McKay Scholarship program. It is important to note
that students attending private schools through the McKay Scholarship for Students with
Disabilities are considered parentally placed private school students under the Individuals
with Disabilities Education Act (IDEA).
As per the IDEA, “No private school child with a
disability has an individual right to receive some or all of the special education and related
services that the child would receive if enrolled in a public school.” (IDEA regulation 34 CFR
§300.454(a)).
2.
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Can McKay Scholarship students receive services/therapies (e.g., academic
assessment or behavioral therapy) that are funded by federal dollars and provided by
public schools in addition to receiving the McKay Scholarship?
As required by the IDEA, each district must allot a proportional amount of their federal IDEA
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funds for the provision of services to parentally placed students with disabilities enrolled in
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private schools. The district must consult with representatives of private school children with
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disabilities to discuss the provision of services. The results of this consultation must include:
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determination of which students will receive services;
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what services will be provided;
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how and where services will be provided; and
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how and when services will be evaluated.
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Therefore, a district may determine that the portion of the federal IDEA funds will expended
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for such therapies. Such services must be provided by personnel meeting the same
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standards as personnel in the public schools. Students who do receive such services from
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the local school district are required to have a service plan developed. The requirements for
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a service plan include most of the components required in an individual educational plan
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(IEP) and must be reviewed and revised annually consistent with the IEP requirements (see
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IDEA regulations 34 CFR §300.453 – §300.455).
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3.
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What are the possible legal ramifications for the parent or the McKay Scholarship
School for accepting such services?
Parents of students with disabilities who are parentally placed in private schools, such as
McKay Scholarship students, and who receive services from the local school district via a
services plan retain some of the procedural safeguards provided under the IDEA. These
include the following:
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Prior written notice, with specific components, must be provided any time a district
proposes or refuses to initiate or change the identification, evaluation, or educational
placement of a student.
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Right to inspect and review their child’s educational records maintained by the school
district.
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Right to participate in meetings held by the school district with regard to identification,
evaluation, determination of eligibility, and reevaluations.
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Provide consent prior to conducting a reevaluation.
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Right to mediation to resolve conflicts related to the identification, evaluation, or
educational placement of their child.
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Right to file a formal state complaint that the school district or SEA has failed to meet the
requirements related to children with disabilities enrolled by their parents in private
school.
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Right to request administrative due process hearings are available regarding the school
district’s identification, evaluation, determination of eligibility, or reevaluation of the
student.
Services to McKay Scholarship Students from Federally-Funded IDEA Projects/Grants
4.
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Can McKay Scholarship students obtain services through statewide federally-funded
IDEA projects such as Florida Diagnostic and Learning Resources System (FDLRS),
Assistive Technology Education Network (ATEN), etc., that are administered by local
school districts, community colleges, and universities, in addition to receiving the
McKay Scholarship?
Yes.
Federally-funded projects such as those funded by IDEA shall provide students
enrolled in private schools by their parents with a genuine opportunity for equitable
participation in accordance with federal regulations (see Education Department General
Administrative Regulations (EDGAR) 34 CFR §76.651(a)(1)).
These projects provide
informational services to the general public regarding child find and identification, staff
development training for teachers, and in some cases, direct services to students with
disabilities. For your information, a listing of these projects with appropriate contact persons
is attached.
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Services to McKay Scholarship Students – General
5.
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Does accepting any of these services make the child subject to mandatory
evaluations or possibly jeopardize the autonomy of the McKay Scholarship in any
way?
While accessing services funded by the school district’s IDEA funds through a service plan
does not jeopardize the autonomy of the McKay Scholarship, local school districts must
comply with the applicable federal requirements for the development of a service plan for
the student.
Therefore, school districts may request parental consent for evaluations to
determine the type and extent of therapies/services needed.
Accessing services from statewide projects funded by the state’s IDEA dollars do not
typically result in any additional requirements.
However, in the case of unique and
specialized services such as assistive technology, behavioral support services, parental
consent for an evaluation may be requested by the school district or program to determine
the type and extent of technology/services needed.
Regarding reevaluations, it should be noted that school districts are required to notify
parents of McKay Scholarship students when it is time for their child’s three-year
reevaluation. Parental consent is not required before reviewing existing data as part of a
reevaluation but must be obtained prior to conducting formal testing. If the parent declines to
give consent for a reevaluation, the district should document the parent’s intent that no
formal reevaluation testing occur.
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