Special Education Services for Private School Students in CA
The rules governing private school students differ significantly from those that apply to students enrolled in public schools, but private school students with disabilities may still be entitled to certain evaluations, supports, and services under federal and California law.
Understanding what services are available, who is responsible for providing them, and how eligibility is determined can be challenging. The Individuals with Disabilities Education Act (IDEA) contains specific provisions addressing students with disabilities who attend private schools, and school districts must comply with those requirements.
Mark Woodsmall is an experienced special education attorney in the San Gabriel Valley. At Woodsmall Law Group, we help families throughout Southern California understand their rights. We also advocate for appropriate special education services.
Whether you have questions about evaluations, eligibility, service plans, or a dispute with a school district, our firm is ready to help.
Are You in Need of a Special Education Attorney?
Special education issues involving private school students can be particularly complex because multiple parties may be involved, including parents, private schools, school districts, and county offices of education.
You may benefit from speaking with a special education attorney if:
- Your child attends a private school and needs special education services.
- A school district refuses to evaluate your child.
- You disagree with an eligibility determination.
- Your child has been denied services available under the IDEA.
- You are unsure whether your child qualifies for services through the local school district.
- You need assistance obtaining assessments or educational records.
- A district has failed to provide required consultation or support services.
- You are considering placing your child in a private school because a public school failed to provide an appropriate education.
- You have concerns regarding your child’s educational rights under federal or California law.
Why Choose Us Over Special Education Lawyers in the San Gabriel Valley?
Woodsmall Law Group focuses exclusively on helping individuals with disabilities and their families navigate complex educational systems. We understand how overwhelming special education laws can be and are committed to helping families secure the services their children need.
Our mission is to empower families through education, knowledge, and effective advocacy. Here’s what sets our firm apart:
- Advocating for students and families since 2006 with a longstanding commitment to disability rights.
- Exclusive focus on special education and disability-related matters – providing focused legal advocacy.
- English and Spanish language services available – serving a diverse community of families.
- Free consultations for families seeking guidance to help you understand your rights and options.
- Compassionate, client-centered representation centered on your family’s unique needs.
- Serving Pasadena, Los Angeles, and the San Gabriel Valley with dedicated local advocacy.
- Led by Mark Woodsmall, a long-time special education attorney and educator who brings decades of experience to every case.
Questions About Private School Special Education Services?
If your child attends a private school and needs special education support, Woodsmall Law Group can help you understand your rights. Call (626) 440-0028 for a free consultation.
Understanding IDEA, FAPE, and IEP Rights for Private School Students
The IDEA is the primary federal law governing special education services for children with disabilities. Under IDEA, eligible public school students are entitled to a Free Appropriate Public Education (FAPE) delivered through an Individualized Education Program (IEP).
When parents voluntarily enroll a child in a private school, the legal framework changes. While public school students who qualify under IDEA generally receive an individualized IEP and are entitled to FAPE, parentally placed private school students typically do not possess the same individual entitlement to services. Instead, school districts must spend a proportionate share of federal IDEA funds to provide certain services to eligible private school students. These services are often delivered through a service plan rather than a traditional IEP.
Because the rules differ substantially from those applicable to public school students, parents should understand what rights remain available and what obligations school districts must satisfy.
Responsibilities of the District of Location (DOL)
The District of Location (DOL) is the school district where the private school is physically located. This district plays a significant role in providing services to eligible private school students with disabilities. The DOL is legally mandated to perform numerous responsibilities to ensure that eligible students receive access to services and support.
Making Eligibility Decisions
The DOL must determine whether a student meets eligibility requirements under IDEA and California special education laws. Eligibility determinations must be based upon appropriate evaluations and assessments rather than assumptions or informal observations.
Ensuring Comparable Activities
The DOL must ensure that activities and services offered to eligible private school students are comparable to those provided in public school settings. While services may not be identical, they should provide meaningful access and educational benefits.
Assessing Students Who Have Not Been Previously Assessed
Students attending private schools may still require evaluations. The DOL must assess students suspected of having disabilities, even when those students have never been enrolled in the district’s public schools. These evaluations help determine eligibility and identify educational needs.
Reserving Federal IDEA Funds
Federal law requires districts to set aside a proportionate share of Part B IDEA funds for services benefiting eligible private school students. These funds support assessments, services, consultations, and other educational assistance.
Providing Written Descriptions of Available Services
Private school officials must receive written information regarding available special education services. This information helps ensure transparency and allows schools and parents to understand available resources.
Providing Transportation to Service Locations
When services are provided at a separate location, the DOL must provide transportation from the private school to the service site and back. However, districts generally are not required to provide transportation from a student’s home.
Distributing Information Regarding Eligibility and Referrals
The DOL must distribute materials explaining:
- Eligibility criteria
- Referral procedures
- Assessment processes
- Available services
- Parental rights
This information should be provided to private school administrators, teachers, parents, and students when appropriate.
Providing Staff Development Opportunities
The DOL must provide up to three staff development days annually for private school personnel. These training opportunities help educators better understand disabilities, accommodations, and available services.
Providing Student Consultation Services
The DOL must provide up to ten hours of consultation per student each year. These consultation services may assist educators and families in supporting a student’s educational needs.
Supporting Students with Visual Impairments
The DOL must provide up to twelve consultation hours annually to assist private schools in serving students with visual impairments.
These services help ensure that students with vision-related disabilities receive appropriate educational support.
Protect Your Child’s Educational Rights
Private school enrollment does not always eliminate access to special education services. Call (626) 440-0028 to discuss your options.
Child Find Obligations and Private School Students
One of the most important protections available to private school students is the Child Find requirement. Child Find obligates school districts to identify, locate, and evaluate students suspected of having disabilities.
Districts cannot refuse to evaluate a student simply because the student attends a private school. The Child Find process may include:
- Review of educational records
- Parent interviews
- Teacher observations
- Standardized testing
- Psychological assessments
- Speech and language evaluations
- Occupational therapy assessments
- Functional evaluations
Timely evaluations are essential because they serve as the foundation for determining eligibility and potential services.
Service Plans Versus IEPs
Private school students may receive a service plan rather than an IEP. An IEP is a legally binding document developed for eligible public school students receiving FAPE under IDEA.
A service plan outlines the specific services the district has agreed to provide to a private school student. While both IEPS and service plans identify services and goals, a service plan generally does not create the same entitlement to comprehensive special education services that an IEP provides.
Can Private School Students Receive Related Services?
Depending on eligibility and available resources, private school students may receive various related services. Services may be delivered on private school campuses, at public school sites, or at other approved locations.
Examples include:
- Speech therapy
- Occupational therapy
- Physical therapy
- Counseling services
- Vision services
- Consultation services
- Behavioral supports
- Specialized instructional services
What Happens If Parents Believe Services Are Inadequate?
Parents sometimes disagree with a district’s decisions regarding eligibility, evaluations, or services. When disputes arise, families may have legal options available under federal and California law.
Common concerns include:
- Delayed assessments
- Inadequate evaluations
- Denied eligibility
- Limited services
- Failure to comply with Child Find obligations
- Improper service plans
- Lack of communication from the district
Consulting with an experienced special education attorney can help parents understand their rights and determine the most effective course of action.
How Woodsmall Law Group Helps Families
Our firm understands the challenges families face when navigating special education systems. That’s why we work to ensure that students receive the services and support they are entitled to under the law.
Woodsmall Law Group assists families with:
- IDEA compliance issues
- Child Find disputes
- Special education evaluations
- Eligibility determinations
- Service plan disputes
- IEP-related concerns
- Educational advocacy
- Due process matters
- District compliance issues
What Clients Are Saying About Us
Couldn’t recommend them more!-Denise Alverson (5-Star Google Review)
Thank you, Mark, Justin, and everybody at Woodsmall Law Group. Navigating the Special Needs world is not easy and very intimidating. The Woodsmall Law Group was able to break it down, and suddenly it seemed manageable with their guidance. They provide an invaluable service and have achieved great results for our children. Couldn’t recommend them more!
One of the best decisions we ever made-Yoni Guttman (5-Star Google Review)
Mark and his amazing team had fought tooth-and-nail for our son’s rights and delivered everything they promised and then some. Hiring Mark to help us with the school placement and the IHSS for our son is one of the best decisions we ever made, and we can’t thank them enough. Thank you, Mark, Justin, and the rest of the staff at Woodsmall Law Group. You guys are the best!
Speak With an Experienced Special Education Attorney in Los Angeles
At Woodsmall Law Group, we help families in the San Gabriel Valley, Los Angeles, and surrounding areas protect their children’s educational rights. If your child attends a private school and you have questions regarding special education services, IDEA rights, FAPE concerns, evaluations, service plans, or IEP-related matters, Woodsmall Law Group is here to help.
To find out how we can help, call (626) 440-0028 and schedule a free consultation.
FAQS About Special Education Services for Private School Students in California
Can private school students receive special education services in California?
Yes. Eligible private school students with disabilities may receive certain special education services under the Individuals with Disabilities Education Act (IDEA). However, the services available often differ from those provided to students enrolled in public schools.
Do private school students have the right to a Free Appropriate Public Education (FAPE)?
Students enrolled by their parents in private schools generally do not have the same individual entitlement to FAPE that public school students receive through an Individualized Education Program (IEP). Instead, they may receive services through a service plan funded by a proportionate share of federal IDEA funds.
What is the difference between a service plan and an IEP?
An IEP is a legally required document that outlines the special education services a public school student will receive as part of FAPE. A service plan identifies the specific services a private school student may receive through the local school district but does not provide the same level of entitlement as an IEP.
Who is responsible for evaluating private school students for special education eligibility?
The school district where the private school is located, often called the District of Location (DOL), is generally responsible for identifying, locating, and evaluating private school students suspected of having disabilities.
Can a school district refuse to evaluate my child because they attend a private school?
No. Under the IDEA’s Child Find requirements, school districts must identify and evaluate students who may have disabilities, including those enrolled in private schools within the district’s boundaries.
What services may be available to eligible private school students?
Depending on the student’s needs and available resources, services may include speech therapy, occupational therapy, behavioral support, consultation services, specialized instruction, vision services, and other related supports.
Is transportation provided for private school students receiving special education services?
In certain circumstances, yes. The District of Location may be required to provide transportation between the private school and the location where services are delivered. However, transportation from the student’s home is generally not required.
What is Child Find and why is it important?
Child Find is a legal obligation requiring school districts to identify, locate, and evaluate children who may have disabilities. It ensures that private school students have access to assessments that may determine eligibility for special education services.
What should I do if I disagree with a district’s eligibility decision or service plan?
Parents may request additional information, seek independent evaluations when appropriate, and consult with an experienced special education attorney to better understand their legal options and advocacy rights.
How can Woodsmall Law Group help families of private school students?
Woodsmall Law Group assists families with special education evaluations, IDEA compliance issues, Child Find disputes, eligibility determinations, service plan concerns, and other matters involving students with disabilities.
Meet Our Special Education Attorney
Mark Woodsmall
Mark Woodsmall is the founder of Woodsmall Law Group, PC, a Pasadena-based law firm dedicated exclusively to advocating for individuals with disabilities and their families. With more than 20 years of legal experience, mark has built a reputation as a trusted advocate in the areas of special education law, Regional Center matters, transition-to-adulthood services, and disability rights.
Since founding the firm in 2006, Mark has represented students and families throughout Los Angeles, Pasadena, and the San Gabriel Valley, helping them navigate complex educational systems and secure the services and supports they need. His practice is driven by a commitment to ensuring that children and adults with disabilities have access to meaningful educational opportunities and the resources necessary to thrive.
In addition to his legal practice, Mr. Woodsmall has played an active role in educating future advocates and attorneys. In 2006, he joined the faculty of the USC Gould School of Law as an Adjunct Professor, teaching special education law. He also served as the teaching attorney for the Special Education Advocacy Training (SEAT) Project–Los Angeles, a nationally recognized advocacy training program funded by the U.S. Department of Education and administered through the Council of Parent Attorneys and Advocates (COPAA) and the USC Center for Excellence in Developmental Disabilities at Children’s Hospital Los Angeles.