Under IDEA, is a private school required to follow an IEP created by a public school district?

Question

I want to change my son's school. He was in a public school system for 6 years. During that time we had him assessed and an IEP was created and put into place by the school district. It worked great for the first 2 years, then his last year it went downhill...mostly because of the teacher. His mother and I agreed to move him to a private school. The school change has not helped at all, things have gotten worse. His mother wants to keep him there but I want to move him into my top rated school district, I recently moved. The school district is willing to re-assess him and put into a place an IEP and SST. His mother wants to keep him at the school, for "belief" issues. I'm researching everything. Yes we are in court, I have tons of evidence to support me but the burden of proof is on me so I need mega-tons of evidence.

I want to change my son's school. He was in a public school system for 6 years. During that time we had him assessed and an IEP was created and put into place by the school district. It worked great for the first 2 years, then his last year it went downhill...mostly because of the teacher. His mother and I agreed to move him to a private school. The school change has not helped at all, things have gotten worse. His mother wants to keep him there but I want to move him into my top rated school district, I recently moved. The school district is willing to re-assess him and put into a place an IEP and SST. His mother wants to keep him at the school, for "belief" issues. I'm researching everything.

Update to David's response:

http://www.ideapartnership.org/oseppage.cfm?pageid=39

The above link clarifies your link. And in reading my link, it appears that the private school is in violation because they haven't implemented a service plan. Am I wrong?

laughter_every_day....you are correct in the sense that the public school district has no obligation to my son. However, there should have been a consultation and/or follow-up afterwards, which I'm trying to find out if and when it did happen and if it didn't then why.

Answer 1

No, a private school is not required to follow the IEP created by a public school district. Private schools are able to selectively enroll and reject students and to set their own curriculum as long as it meets the state standards.

There is a good anaylsis here: http://www.capenet.org/pdf/CAPEIDEA04.pdf

The purpose here is to allow for students to attend a private school when a public school is unable to provide the services the student needs. It does not place any new requirements on the private school.

The laws purpose is: "The IDEA was originally enacted by Congress in 1975 to make sure that children with disabilities had the opportunity to receive a free appropriate public education, just like other children."

Answer 2

Ours has been spectacular, at the two colleges, in spite of the actuality that the identify one college that we got here from wasn't as speedy to hook up us with the components that my baby mandatory because of the fact the college that she attends now, with the incredible application for her problem is, now. yet I had heard horror memories approximately IEP's too, and that i asked a query like this a pair of 300 and sixty 5 days in the past... the conclusions that I drew, based on the solutions and my very own journey(s) are those: while a baby has a actual incapacity, one that is surely seen by the instructor(s), the IEP specs seem greater surprisingly-enforced as adversarial to those with getting to grasp or psychological disabilities. IEP specs are greater surprisingly-enforced while the youngsters are enrolled in a incredible application, i.e., the lecturers ideally have had to be knowledgeable in specific training. and, i understand that this could be a thorn in each ones section, and granted, it is going to no longer be this way, yet a small quantity of compliance on the parent's areas is going an quite good distance. i replaced into o.k.-common, in a reliable way (have faith it or no longer) at my baby's college while her IEP replaced into familiar. She replaced into o.k.-common because of the fact of her tutorial achievements and citizenship (and she or he's in basic terms a darn candy and robust baby, if I do say so myself !). I in no way walked in spouting off that I knew our rights and that that they had greater suitable be acommodated NOW, in reality, I made it a factor to specific gratitude to the full IEP group at each possibility. I saved an open line of verbal replace, threw random ' thank you' emails out, and if I had a query or problem, did no longer arise swinging first. as a consequence, I even have in no way had to return up swinging, era. reliable question, Des !

Answer 3

I do believe private schools do need follow IEPs. I would have your lawyer look into it. The best needs of the child are at stake and that is how it should be presented.