Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446 Page: 1 of 6
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Order Code RS22044
Updated March 11, 2008
~. CRS Report for Congress
Individuals with Disabilities Education Act
(IDEA): Services in Private Schools under
P.L. 108-446
Nancy Lee Jones
Legislative Attorney
American Law Division
Summary
The Individuals with Disabilities Education Act (IDEA), as amended by P.L. 108-
446, provides for services for children with disabilities in private schools. A child with
a disability may be placed in a private school by the local educational agency (LEA) or
the State Educational Agency (SEA) and costs are paid by the agency. Children with
disabilities enrolled by their parents in private schools are treated differently; generally,
they are to be provided special education and related services to the extent consistent
with the number and location of such children in the school district served by a LEA
pursuant to several requirements. These requirements include provisions relating to
direct services to parentally placed private school children with disabilities, the
calculation of the proportionate amount of funds, and a requirement for record keeping.
Compliance procedures for these requirements were added by the 2004 reauthorization.
For a general discussion of the changes made by P.L. 108-446, see CRS Report
RL32716, Individuals with Disabilities Education Act (IDEA): Analysis of Changes
Made by P.L. 108-446, by Richard N. Apling and Nancy Lee Jones. This report will be
updated as necessary.
Background
The Individuals with Disabilities Education Act (IDEA) is a grants and civil rights
statute which provides federal funding to the states to help provide education for children
with disabilities. If a state receives funds under IDEA, it must make available a free,
appropriate public education (FAPE) for all children with disabilities in the state.1 Under
the law prior to the enactment of P.L. 105-17 in 1997, states were required to set forth
20 U.S.C. 1412(a)(1)(A). In addition to the requirements of IDEA, schools must also comply
with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and the Americans with
Disabilities Act, 42 U.S.C. 12101 et seq., where applicable. These statutes essentially prohibit
discrimination against an otherwise qualified individual with a disability.
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Jones, Nancy Lee. Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446, report, March 11, 2008; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc809141/m1/1/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.