Overview:

Parents/guardians of students with disabilities may elect to unilaterally enroll their student with a disability in a charter school or private school or they may choose to home school their student. These students are eligible for special education services with some important distinctions in the process and provision of services depending on the type of school setting.

For general education students at charter or private schools, or who are home schooled by the parent, a parent/guardian who suspects a disability may reach out to their school principal with a request for initial evaluation in writing or may email that request to exed@rcsdk12.org requesting an evaluation for special education.

Charter School Students with an IEP:

The Committee on Special Education (CSE) for a student at a charter school is operated by the public district in which the child resides, regardless of the location of the charter school. The public school district has no oversight of charter schools. However, charter schools do have responsibility for implementing the IEP including, but not limited to, all special education programs, related services, supplemental supports, testing accommodations, and consultation services as determined in the CSE meetings. Charter schools may contract with an outside provider for services or may request that the public district in which the student resides provides some or all of the special education services. 

Not all charter schools will have the same range of learning environments and services (called "the continuum of special education services") as a public school district will. The CSE Chairperson will work with you, the charter school, and the other members of the CSE to discuss what is available at the charter school and what your student needs. If the student has needs that exceed what the charter school offers, the CSE will discuss what can be done to create needed programs at the charter school and/or what other support options exist if opening new program types at the charter school is not possible. Ultimately, the public district cannot compel a charter school to operate a programming type that it elects not to offer. Related services such as Counseling, Speech/Language Therapy, Occupational Therapy, Physical Therapy, and Assistive Technology are typically available at all charter schools regardless of their educational model in their continuum of special education services. 

A charter school may not deny admission, expel, or refuse to provide service to a student with a disability based on the nature or complexity of their disability or disability service needs. (NYSED Parent Guide to Charter Schools and Federal FAQ on Students with Disabilities in Charter Schools question 31)

Students with disabilities at charter schools have the same protections as public school students when faced with suspensions potentially related to their disability. Families of students with disabilities at charter schools also have the same rights as public district students with disabilities outlined in the procedural safeguards notice.

Families may file complaints with the charter school board of directors related to actions taken by the charter school, or may request an appeal, mediation, or due process hearing with the public school district for a disagreement about the development of an IEP. The public school district has no operational control or oversight of charter school actions.

Charter School Students with a 504 plan:

A charter school has the sole responsibility to evaluate, develop, and implement services on a 504 accomodation plan for any child who is eligible for those services. Please work with the charter school principal directly for those requests. Charter schools are not part of the Rochester CIty School District and are considered separate schools/school systems. The charter school will reach out to the public district for any special transportation requests that result from a 504 plan if transportation is provided by the public district. The public school district has no other responsibility for charter school 504 plans. The public district has no oversight responsibility for charter school operations.

Private School Students with an IEP:

Students with an IEP who are enrolled in a private school by their family will fall under the jurisdiction of the school district in which the private school is located ("district of location") which may not be the same as the district where the student lives ("district of residence"). If you notify the public district of location (where the private school is located) that your student has an IEP, you must provide them with permission to contact your prior school district OR consent to an initial evaluation for services if you wish to obtain services while enrolled at the private school.

In addition, there is an annual requirement for parents/guardians to notify the district of school location by June 1st ("June 1st letter") that the parent/guardian wishes for special education services to be provided to their private school enrolled student with an IEP. Without this annual request to the public district, the public district is not obligated to provide special education services during that upcoming year. If a parent/guardian does not notify the district by June 1st and goes a year without services, the student will still have an annual review CSE meeting and the parent/guardian may submit a notification by the following June 1st requesting services for the next year. A parent/guardian is not obligated to inform the district of location that there is an IEP or to request service unless they wish for those services.

In exception to the above June 1st notification requirement, if a family changes their residential address to another town/city and during that move, they enroll in a private school in a different district of school location, they have 30 days to submit a request for special education services to the district of location for the newly enrolled private school even if that is after the June 1st cut off date. 

Services for students with IEPs in a private school are determined in consultation with the private school and other stakeholders during several processes throughout the year on an individual and aggregate basis. The public school district does not provide primary general education instruction of students with disabilities at a private school. As a result, certain types of special education programming may not be available to a student in a private school, which would otherwise be available in a public school district. Special education services for a student with a disability in a private school may include, but are not limited to, consultant special education teacher, resource room, and related services such as speech and language or occupational therapy among others. Decisions are always made on an individualized basis.

Per New York State law and regulation, the public school district of location may choose the time and location for any or all special education services for students at private schools. This may require that students be transported mid-day to a public school for specific services. Reasonable attempts will be made to provide special education services on site at the private school. However, this is not a guarantee, and the Rochester City School District reserves its right to determine the time and location of all special education services for students with disabilities in private schools.

The public district must do a comprehensive reevaluation of a student with a disability at least every three years. If the CSE does not receive guardian consent to conduct the reevaluation, then the CSE may consider the cessation of IEP eligibility and services for private school students. If services are ended as a result of failure to consent to a reevaluation, the parent/guardian may submit a new request for initial evaluation at a later date for consideration of special education eligibility.

Parentally placed students in a state-approved private school for students with disabilities

A state-approved private school for students with disabilities (typically an "853 school") is a private special education school that the New York State Education Department (NYSED) allows the Committee on Special Education (CSE) to apply to and place a student with a disability in (upon acceptance by the school). Some state-approved private schools will also accept referrals directly by a parent/guardian and allow the parent/guardian to privately pay tuition to attend that school like they would more traditional private (non-public) schools. The parents/guardians are solely responsible for tuition when they unilaterally choose to send their student to a private school, including state-approved private schools. The public district will only pay tuition to a state-approved private school when the decision to place the student into that school is approved by the CSE. The criteria for district placement is the same as any out-of-district CSE referral. The district may legally only place a student with a disability into a state-approved private school for students with disabilities if it is the Least Restrictive Environment (LRE) that can provide a "Free and Appropriate Public Education" (FAPE). This requires significant proof that attempts to meet the student's educational disability needs within the public school system have not been successful despite additional support being put into place. At no time will the public district place, or pay tuition to, a private school that is not a state-approved school for students with disabilities (such as a parochial school).

504 or Accommodation Plans at a Private School:

Federal law requires any private school which accepts federal funding (such as Title 1 reading funding) to evaluate and provide 504 plan support to students who qualify. Private schools that do not accept Federal funding are not required by law to provide 504 plans and services. Private schools are solely responsible for 504 evaluation and services. Those services will not be provided by the public school district of student residence or school location. Please consult with your private school principal directly in regards to requests for 504 supports for your child.

Home Schooled by Parent students with an IEP:

Students with disabilities who are home schooled by their parent must notify the public district by June 1st of the prior year that they wish for special education services while home schooling in the upcoming year. This is in addition to the annual requirement to submit an Individual Home Instruction Plan (IHIP) and quarterly reports. Students who are home schooled, but where the June 1st notification was not provided, will continue to have their IEP, but services will not be provided. The family may submit the June 1st notification in future years and services will be restored. There will continue to be annual CSE meetings even if no June 1st notification is provided.

In exception to the above June 1st notification requirement, if a family changes their residential address to another town/city and during that move, they inform their new district that they will be home schooling, they have 30 days to submit a request for special education services to the district of location even if that is after the June 1st cut off date. 

The public district must do a comprehensive reevaluation of a student with a disability at least every three years. If the CSE does not receive guardian consent to conduct the reevaluation, then the CSE may consider the cessation of IEP eligibility and services for home schooled students. If services are ended as a result of failure to consent to a reevaluation, the parent/guardian may submit a new request for initial evaluation at a later date for consideration of special education eligibility.

Students who are home schooled by the parent must receive their primary general education instruction by the parent/guardian or designee. The public school district is not responsible for primary general education curricular instruction of home schooled students. As a result, certain types of special education programming may not be available to a student who is home schooled, which would otherwise be available in a public school district. Special education services for a student with a disability who is home schooled may include, but are not limited to, resource room and related services such as counseling, speech and language, or occupational therapy among others. Decisions are always made on an individualized basis.

Per New York State law and regulation, the public school district of location may choose the time and location for any or all special education services for students who are home schooled. Typically, home schooled students receive their special education services at a local public school. Reasonable attempts will be made to choose a public school in proximity to the student's home. A student receiving multiple special education services may be required to visit multiple schools for different services based on provider availability. The public school district will not provide special education services in the family home. If your child is unimmunized and therefore unable to receive services in a public school, please contact the director of special education for individual planning and options.

Home Schooled by Parent Students requesting/eligible for a 504 plan:

Only schools accepting Federal funds are required to evaluate and implement 504 plan supports. Home Schooled students are not attending a Federally funded school and therefore are not eligible for 504 plans during their time in the home. Accommodations and other supports for students who are home schooled must be provided by the home schooling party during general education instruction. The public district will not evaluate or provide 504 plan services for a student who is home schooled. Parents/guardians may refer their student to the Committee on Special Education for consideration of eligibility for an IEP (per above) by sending their request to exed@rcsdk12.org.