Special Education Rights in Public and Private Schools

By Tracy Ferron

Children who qualify for special education services have a right to a free appropriate public education. The special education services that will be provided to these students are outlined in a document called an individualized education program (IEP). The school district where the student lives is responsible for making sure that an IEP is developed and implemented for qualifying students. Charter schools are public schools that have to follow the same rules for evaluating and serving students with disabilities as other public schools.

If a public school district places a child with a disability in a private school because the public school cannot meet the students’ needs, the school district must ensure that child is provided with special education services.

But, if a parent or guardian chooses on their own to send a child with a disability to a private school, the child is not entitled to receive the special education services that a public school should provide. The same holds true even when using a school voucher to send a child to a private school.

The private school may create what is called a service plan. It is similar to an IEP, but it usually has less detail. There is no right to complain to the Ohio Department of Education if a private school does not provide the services in a service plan. If a child attends a private school, the public school district where the private school is located can be asked to evaluate the student for a disability. Based on the results of the evaluation, a family can decide whether the private school or public school where the family lives is best able to meet the student’s educational needs.

This article was published in Legal Aid's newsletter, "The Alert" Volume 38, Issue 3, in December 2022. See full issue at this link: “The Alert”- Volume 38, Issue 3 – Legal Aid Society of Cleveland.