Under Minnesota law, a “nonpublic school” is defined to include state approved home schools and private schools (see Minn.Stat.123B.41, subd.9). Parents who chose to educate a child with a disability in a home school or a private school are making a private school placement.
The school district is obligated, upon request, to evaluate a child to determine special education eligibility. If a child is found eligible for special education services, the school district is required to develop an Individual Services Plan (ISP) that describes the specific special education and related services that the school district will provide. The school district is responsible for initiating and conducting meetings to develop, review and revise the services plan. Procedural safeguards will be provided to you that explain the district’s obligation to locate, evaluate, identify, and re-evaluate children with disabilities.
The school district maintains the right to determine the location of services and is not obligated to provide special education benefits or services that are equal to services provided to public school children. The public school is required to consult with you to decide what services will be provided, how services will be provided, and how the services will be evaluated. You will be given the opportunity to express your views, however, the school district will make the final decisions with respect to the services provided.