Private School FAQs
Frequently Asked Questions Regarding Serving Children With Disabilities Placed by Their Parents in Private Schools
- How can private schools and parents obtain information regarding the special education and related services that may be available for their students with disabilities?
General information regarding the provision of services for parentally-placed private school students with disabilities is available through the FCPS Office of Special Education Parent Resource Center; phone 703-204-3941, the Parent Resource Center website or at the Parentally Placed Students with Disabilities Attending Private Schools website. Parents can also contact their student’s FCPS early childhood assessment site, FCPS base school, or Due Process and Eligibility, at 571-423-4470. - Is Child Find only for preschool aged children?
Child Find refers to the active and continuing efforts of the school division to identify, locate, and evaluate any child, birth to 21 years inclusive, who resides within the jurisdiction of Fairfax County and is suspected of being a child with a disability. These activities are required by state regulation. This includes resident children who do not attend public school but attend private schools in Fairfax County. It also includes non-resident children who are parentally placed in private schools in Fairfax County. Non-resident children can also utilize their own local educational agency’s (LEA) Child Find process. - How do parents of private school students refer their child when they believe their child needs special education services?
For students who live in Fairfax County, a referral for screening should be made to the FCPS school, based on the student’s home address. The Multipurpose Referral form can be found at the Forms Related to Special Education website. For private school students who do not reside in Fairfax County a referral should be made to the FCPS school, based on the private school’s address. Parents need to register their child at an FCPS school before initiating the screening process for special education. General registration information can be found at the General Registration Requirements website. - Can a student receive services if the student has been evaluated privately?
The school division must follow the prescribed guidelines for determining special education eligibility. Private evaluations presented by parents during the screening and eligibility process are considered, along with other information, in determining whether a student is eligible for special education and related services. - What happens if a parent disagrees with Child Find activities for children who attend a private school?
Parents have the right to request a due process hearing regarding child find procedures.
Parents have the right to refuse to have their child evaluated or reevaluated to determine if the child is or continues to be eligible for special education and related services. However, if the parent refuses to consent to the evaluation, or reevaluation, the child may not receive services under an ISP. - If a private school student is determined to be eligible for special education services and the parents reject services offered through an IEP, what is the process if the parent later requests support?
For students who reside in Fairfax County, the parents would make a request for services by contacting the FCPS school, based on the student’s home address or base school. The IEP/ISP team would convene to determine whether updated information is needed, and what, if any, services the student would receive. If the student returns to the public school, an IEP would be proposed. If the student continues to attend the private school, an ISP may be offered. For students who reside outside of Fairfax County, but attend a private school located within Fairfax County, the parent would contact the FCPS school based on the private school’s address and request an ISP meeting. Parents interested in an IEP, would contact their county of residence. - Who can receive services under an ISP?
The child with a disability must:- Be attending a nonprofit elementary, secondary, located within FCPS, or be home instructed within FCPS; and
- Need the service(s) that FCPS has agreed to provide to these children.
- What special education services can a student receive through an ISP?
After consultation with representatives of private schools, home-schools, and parents, FCPS has determined that these students may receive occupational therapy (OT), physical therapy (PT) speech language (SL) and vision impairment (VI) services in accordance with their ISP. - What happens if a parent disagrees with the type or amount of ISP services being offered?
Parents do not have the right to request a due process hearing in this scenario. Parents may file a written complaint to Virginia Department of Education (VDOE) if parents believe FCPS violated the law regarding the provision of services to the private school child.
A private school official has the right to file a complaint with the VDOE if the school division does not have timely and meaningful consultation with representatives from the private schools and parents of a private schooled and home-instructed children, or if the school division did not appropriately consider the views of the private school official. - Where would a student be served if the family resides in Fairfax County and he or she is parentally placed in a private school in Fairfax County?
Registration and screening take place at the student’s neighborhood FCPS school. If the child’s base school is not known, school boundary information is available at 571-423-2320 or on the FCPS Boundary Locator website.
SL services are provided at the designated FCPS school. OT and PT services can be provided at the designated FCPS school or at the private school with parental agreement. VI services can be provided at the student’s private school, with parental agreement. Services are provided at a mutually agreeable time during school hours. - Where would a student be served if the family resides outside Fairfax County, but the student is parentally placed in a private school located within Fairfax County?
A non-resident student who is eligible for special education services or who is suspected of having a disability and may require special education services should seek assistance from the FCPS school based on the private school’s address.
SL services are provided at the designated FCPS school. OT and PT services can be provided at the designated FCPS school or at the private school with parental agreement. VI services can be provided at the student’s private school, with parental agreement. Services are provided at a mutually agreeable time during school hours. - Where would a pre-school aged student receive services if the family resides within Fairfax County, but the student attends private preschool located outside Fairfax County?
If the student who lives in Fairfax County attends a non-profit preschool that utilizes a formal curriculum aligned with the Virginia Foundation Blocks for Early Learning outside of Fairfax County, the student may qualify for an ISP through the school division in which the private school is located, if the child does not access the proposed FCPS IEP special education services.
If IEP services can be delivered during the school week within Fairfax County, we would implement the IEP.
If IEP services cannot be delivered during the school week within Fairfax County due to student unavailability during the school day, parents would take the FCPS IEP to the school division where private school is located and request an ISP. - Does FCPS have to provide transportation for students receiving ISP services?
FCPS must provide transportation for students receiving ISP services if it is necessary for the child to benefit from or participate in the services provided by the ISP. The student can receive transportation from the child's private school or the child’s home to the service site and from the service site to the private school or to the child’s home depending on the timing of the service. FCPS does not provide transportation outside Fairfax County. If transportation is required, the service site will be determined in collaboration between the transportation department and the services program manager. - Who is responsible for conducting the reevaluation and managing special education services for a parentally placed private school student with an ISP?
The reevaluation should take place in the school where the student is receiving special education services. The school providing services manages the student’s ISP. If the student is not receiving ISP services, the base school should manage the reevaluation. - What is home instruction?
Home instruction means instruction of a child by a parent or guardian as an alternative to attendance in a public or private school. To provide home instruction to a child, the parent must:- Obtain the approval of the school division superintendent; and
- Comply with VDOE requirement and the Code of Virginia.
In accordance with Section 22.1-254.1 of the Code of Virginia, any parent may elect to provide home instruction for his or her school-age child in lieu of school attendance. Parents should refer to the Home Instruction website.
- Can FCPS screen private school students for Section 504 Qualification?
FCPS has a Child Find obligation to identify all children who live or go to school within Fairfax County, ages 2–21, inclusive, who may have a disability. FCPS receives referrals for evaluation and forwards these to the base school’s local screening committee, or in the case of a preschool child who is not yet a rising kindergartner, to the early childhood diagnostic center’s local screening committee. The local screening committee’s role is to review all referrals for suspected disability and determine whether it is appropriate to move forward with an evaluation for special education and/or Section 504. For additional information please visit the Section 504 Information website. - If a student qualifies with a disability under Section 504, who writes the 504 Plan?
Once a child qualifies with a disability under Section 504, FCPS is responsible for convening a knowledgeable committee to develop a 504 Plan, should the child be a Fairfax County resident who is eligible to participate in an educational program that is currently offered in FCPS to non-disabled children their age. For example, although FCPS does not currently offer “universal” preschool for all 3 and 4-year old’s, it does offer Head Start (FECEP) preschool classes.
Therefore, if a 504-eligible preschool-aged child is eligible to attend Head Start in Fairfax County, the knowledgeable committee would move forward to develop a 504 Plan for that child. If a child were to qualify under Section 504 in the spring or summer before their kindergarten year, the knowledgeable committee (typically, at the child’s neighborhood school) is required to develop a 504 Plan within 30 calendar days of eligibility.
It is also the responsibility of the FCPS neighborhood (base) school to develop a 504 Plan for all eligible school-aged children who live within the County and who will be enrolled in FCPS. While newly-eligible (or those who recently moved into the County) nonpublic school students are generally offered an initial 504 Plan (indicating what the school district would implement should the student enroll), FCPS does not routinely update 504 Plans on a yearly basis for nonpublic school students.
For 504-eligible children who attend a private school within Fairfax County but who reside outside of the County, it is the local educational agency (LEA) associated with their place of residence that is responsible for the development of a 504 Plan. - Can a private school student access AIM-VA?
Yes, once a student begins receiving ISP services, a state testing identification number will be issued, and the team can complete the AIM-VA paper forms to submit to AIM-VA along with the student’s ISP. The student must have a current ISP and be accessing services, to access AIM-VA. - How can private school students access FCPS summer programs?
Eligible students of Fairfax County residents enrolled in private schools and students of non-Fairfax County residents may enroll in certain FCPS summer programs by providing proof of residency (for Fairfax County residents), birth certificate, current report card or official transcript, current record of physical examination, and proof of immunizations. For additional information, please visit the Summer Learning website. - Can a home instructed student enroll in classes in an FCPS school?
Section 22.1-253.13:2.N of the Code of Virginia allows school boards to permit part-time attendance of children receiving home instruction under the provisions of § 22.1-254.1 of the Code of Virginia. Parents or guardian who have met the requirements to home school in Virginia may apply to enroll their middle and/or high school aged students (grade 7-12) in up to a maximum of two core curriculum courses (English, mathematics, science, social studies or world language) per year, to the extent that space and resources allow. Courses may be accessed either 1) On-site and/or 2) Online, as defined below. - Can a private school student or home instructed student access extracurricular activities through FCPS?
Students who are home instructed, attend private schools, or are partially enrolled in home-instruction are not eligible for participation in school-sponsored athletics, student organizations and clubs, or other curricular or extracurricular activities and must limit their presence on campus to the times of their class(es), except when attending events open to the general public or when complying with a bona fide request made by a teacher or administrator. Except as noted above, home instructed students will not be permitted to participate in extracurricular activities, except as required by law.
Participation in certain interscholastic activities such as varsity sports is governed by policies of the Virginia High School League (VHSL). - Can private school students be brought to an FCPS school to learn to use technology that may be available at the private school?
Fairfax County private school teachers may participate in training related to the use of specific technologies on a space available basis. Currently, there is not an option for students to access training for specific technologies, through FCPS. - Can a private school staff member attend FCPS workshops and/or classes?
Private school personnel may access FCPS workshops and/or classes based on space available. Should the private school require specific training they should contact the special education office and/or the parent resource center to see if related topics are available. - How long are special services files maintained?
Special education and special services files are managed in accordance with the FCPS Management of the Student Scholastic Record manual. Special education files include records of access and/or disclosure of student records, referrals, local screening committee forms, permission to test, eligibility committee decisions, and evaluation and assessments. - What happens if a student is unable to attend school due to a medical condition?
If a student with an ISP attending a private school incurs a head injury or other illness and may require homebound services, the student goes back to their home LEA for an updated eligibility and IEP. The student who resides outside Fairfax County, may not access homebound services through FCPS. - What occurs when a student who attended an FCPS school is withdrawn from FCPS and parentally placed in a private school or to receive home instruction?
A unilateral withdrawal letter will be written, following the unilateral withdrawal procedures, with no reimbursement request. The Unilateral Withdrawal from FCPS letter (SS/SE-128) should be written and provided to the parent. An ISP may then be considered. - Can preschool students who reside in Fairfax County receive related services through an ISP?
No, preschool students who reside in Fairfax County will receive related services through an IEP. Please contact Due Process and Eligibility for specific guidance. - What are parents dispute resolution options if they are in disagreement?
- Due Process Procedures
The procedures relative to procedural safeguards, consent, mediation, due process hearings, attorneys’ fees, and surrogate parents do apply to complaints that a local school division has failed to meet the requirements of Child Find (including the requirements of referral for evaluation, evaluation, and eligibility) for parentally placed private school children with disabilities. - Hearings
The procedures relative to procedural safeguards, consent, mediation, due process hearings, attorneys’ fees, and surrogate parents do not apply to complaints that a local school division has failed to meet the provision of services indicated on the child’s services plan. - State Complaints
Complaints that the Virginia Department of Education or local school division has failed to meet the any requirements regarding parentally placed private school children with disabilities may be filed under the procedures in 8VAC20-81-200. - Responsible Party
The dispute resolution options described above to the local educational agency (LEA) in which the private school is located. - Independent Educational Evaluations
Parents have the right to an independent educational evaluation (IEE) at FCPS expense if the parent(s) disagrees with an evaluation conducted by FCPS. - Questions regarding dispute resolution options should be directed to Due Process and Eligibility at 571-423-4470.
- Due Process Procedures
