ERIC Number: ED384174
Record Type: Non-Journal
Publication Date: 1994-Apr
Pages: 15
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Home Schools, Private Schools, Parochial Schools--What Are A Public School's Special Education Obligations?
Opuda, Michael J.
This paper examines issues related to the provision of special education services by public schools to students in private, parochial, or home school settings and offers guidelines for local education agencies. First, the paper reviews federal statutory and regulatory obligations, particularly those under the Individuals with Disabilities Education Act (IDEA), the Education Department General Administrative Regulations (EDGAR), and advisory rulings of the Office of Special Education Programs and the Office for Civil Rights. It also reviews case law, including Zobrest versus Catalina Foothills School District (decided by the U.S. Supreme Court), Goodall versus Stafford County School Board (decided by the Fourth Circuit Court of Appeals), Florence County District Four versus Carter (U.S. Supreme Court), Work versus McKenzie (District Court in the District of Columbia), McNair versus Cardimone (Sixth Circuit Court of Appeals), Wright versus Saco School Department (decided by the Maine Supreme Court), Tribble versus Montgomery County Board of Education (U.S. District Court, Alabama), and Felter versus Cape Girardeau School District (U.S. District Court, Missouri). Noted is the ambiguity of advice from the Department of Education and the tendencies of the court system to rely upon the plain language of the law. The paper concludes with an outline of a public school's obligations for private school children, options for a public school, and parental rights and options. (DB)
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Educational Legislation, Educational Policy, Elementary Secondary Education, Federal Legislation, Federal Regulation, Home Schooling, Legal Responsibility, Parochial Schools, Private Schools, Public Schools, School Districts, School Responsibility, Special Education
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Audience: Policymakers
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A
Author Affiliations: N/A