STATEMENT OF RIGHTS FOR PRIVATE SCHOOL/HOME SCHOOLING STUDENTS WITH DISABILITIES

If you are a parent of a child with disabilities, or suspect that your child may have a disability that is covered by state or federal special education laws, and your child is in a private school or an approved home schooling program, you have the following rights:

    A. A parent/guardian has the right to have his/her child located, identified and evaluated by Jonesport
        School Department as a possible special education student, including referral of the student to a
        Pupil Evaluation Team (PET) to determine whether the student qualifies as a special education
        student. Jonesport School Department’s child find and referral obligations toward the student while
        he/she is in a private school/home school program are the same as for students enrolled in public
        school, as described in Paragraph 3 of IHBAC (CHILD FIND).

    B. Students with disabilities enrolled in private schools or in home schooling programs do not have an
        individual right to special education and related services while enrolled in the private school or
        home schooling program.

    C. Jonesport School Department has an obligation to consult with representatives of private school
        and home schooling students with disabilities on how to carry out Jonesport School Department’s
        duty to locate, identify and evaluate all private school/home schooling students with disabilities and
        also to consult in a timely way on:

        1. Which students will receive services;
        2. What services will be provided;
        3. How and where the services will be provided; and
        4. How the services will be evaluated.

    D. Jonesport School Department has a duty to expend on the pool of identified private school/home
        schooling students with disabilities an amount at least equal to the percentage of federal special
        education dollars received by Jonesport School Department as that group of students represents
        of the overall number of special education students.

    E. Jonesport School Department shall make the final decisions with respect to the services to be
        provided to eligible private school/home schooling students with disabilities.

    F. For any private school/home schooling student with a disability that Jonesport School Department
        decides that it will provide services, Jonesport School Department shall initiate and conduct a
        meeting of the PET to develop, review and revise a services plan detailing the special education
        and related services to be provided and including goals for measuring the outcome of such
        services. To the extent appropriate, the Team shall develop the services plan in a manner
        consistent with development of an Individualized Education Program.

    G. Parents may file a complaint with the Maine Department of Education, Division of Special
        Services (624- 6650) alleging that Jonesport School Department has failed to comply with any of
        its obligations toward private school/home schooling students. Parents have a right to a due
        process hearing from the Maine Department of Education only on issues relating to Jonesport
        School Department’s duty to locate, identify and evaluate all private school/home schooling
        students with disabilities.

    H. As a resident Jonesport, the parent/guardian has a right to enroll his/her child in the local public
        school. If at any time the parent chooses to do so and his/her child is a student with a disability, the
        PET will meet to review and/or develop an IEP for implementation upon enrollment of the child in
        public school. If the child is enrolled in public school, the parent/guardian and his/her child are
        entitled to all the rights set forth in Jonesport School Department’s attached special education
        Statement of Rights.

    I. If a parent would like a complete copy of the state and federal regulations addressing the duties of
        Jonesport School Department toward private school/home schooling students with disabilities,
        please contact the special education office at Jonesport School Department or the Maine
        Department of Education, Division of Special Services (624-6650). If a parent has any concerns
        about his/her child, please address those concerns in writing to:

Director of Special Education
139 Snare Creek Lane
Jonesport, ME 04649

or telephone the Director of Special Education at 497-2882. Questions may also be addressed to the Maine Department of Education, Division of Special Services, at 287-5950.

Legal Reference: 20 U.S.C. § 1412(a)(10)
                          34 CFR § 300.450-.462 (March 1999)
                          Me. Dept. of Ed. Reg. ch. 101 § 4.7 (Nov 1999)

DATE ADOPTED: July 1, 2003