Private Schools�“Wait, what?”

October, 2024

MASE

Laura Tubbs Booth

Ratwik, Roszak & Maloney

Agenda/ Learning Outcomes/Disclaimer

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• Review of the private school obligations for MN districts
• Analysis of whether the obligation is to ensure that students receive a FAPE or that a FAPE is offered, provided, available…
• MDE indicates that guidance will be posted to its website

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What is a Private School

• “Non- public” or private schools are not public schools, able to meet the compulsory education requirements of MN

“Private School”

Includes

• Private schools
• Including accredited
• Non-accredited
• Religions
• Home School
• Micro schools

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Does Not Include

• Charter Schools
• Intermediates/ cooperatives

District where Private School is Located:

• Child Find obligation to locate, evaluate the students attending private school regardless of their home school
• District where school is located provides FAPE
• Conduct re-evaluations
• Determine the location of services*

Location of Services

• IEP team determines “placement”
• District where private school is located determines “location of services” with parental and IEP team input

Proportionate Share

MINNESOTA

• MN requires provision of a FAPE
• And consultation with privates
• IEPs not ISPs

OTHER STATES

Minneapolis Public Schools v. R.M.M. by and through Morales, 861 F.3d 769 ( 8^th Cir. 2017)

Facts

R.M.M. was a student who lived in the district boundaries of Minneapolis Public Schools (“School District”), but voluntarily attended a Catholic private school in Minneapolis. Initially, R.M.M. was bussed twice per week from her private school to a nearby public school for special reading and writing sessions. After enrolling in Minneapolis Public Schools for a short time, R.M.M. returned to her private school. After returning to her private school, the private school informed the Parents that it could no longer meet R.M.M.’s educational needs. The Parents then filed a complaint with the Minnesota Department of Education (“MDE”) requesting an impartial due process hearing.

Issue

The School District filed suit to review the Administrative Law Judge’s (“ALJ”) decision that the School District denied R.M.M., a private school student, the right to a free appropriate public education (“FAPE”). In other words, the issue of whether or not “Minnesota State law goes beyond the minimum requirements of IDEA and entitles private school students the right to FAPE.” The second issue that the School District appealed is whether or not R.M.M as a private school student had the right to an impartial due process hearing.

Holding

The Eighth Circuit found that under Minnesota law, private school students do have a right to FAPE. The Eighth Circuit concluded that Minn. Stat. “Section 125A.03 clearly states, the phrase ‘special instruction and services’ in the state of Education Code means a free appropriate public education provided to an eligible child with disabilities.” On the second issue raised on appeal, the Eighth Circuit Court found that Minnesota law does not exclude private school children when it states “[a] parent . . . is entitled to an impartial due process hearing . . . when a dispute arises over . . . the provision of a free appropriate public education to a child with a disability.” Furthermore, the Eighth Circuit concluded that despite attending a private school, R.M.M. and her Parents have the right to an impartial due process hearing.

MDE Guidance

• District must provide FAPE
• If parent/ guardians refuse some services, use ADR up to and including hearing

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“Smorgasbord” Choices

1. Parents want speech services only for their private school student whose IEP calls for setting III ASD services
2. Guardian wants student to attend private ABA therapy four days per week and get special education on Fridays
3. Parents want only the reading instruction offered and that it be offered at home (no behavioral goals or related services)
4. Parents ask for services at the Catholic School to avoid the student missing instruction while traveling to the public school

Hypothetical One – Speech Only

• MDE’s guidance – Student is entitled to FAPE and speech only will not deliver a FAPE
• Therefore, engage in ADR up to & including hearing

�Number Two

• Guardian wants student to attend private ABA therapy four days per week and get special education on Fridays
• ABA Therapy might not be a “school”
• MDE’s guidance

Hypothetical Three

• Parents want only the reading instruction offered and that it be offered at home (no behavioral goals or related services
• MDE Guidance

Number Four

• Parents ask for services at the Catholic School to avoid the student missing instruction while traveling to the public school
• MDE Guidance

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Practice Pointers - Pretty Good for Now

• Child Find
• Individual Consideration of Location
• IEP not ISP
• Denial of Services = create PWN

This Photo by Unknown Author is licensed under CC BY-NC-ND

Questions?

Laura Tubbs Booth

ltb@ratwiklaw.com

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Adam J. Frudden

ajf@ratwiklaw.com