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 Moosabec CSD 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. Moosabec CSD’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” policy.
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. Moosabec CSD has an obligation to consult with representatives of private school and home schooling students with disabilities on how
     to carry out Moosabec CSD’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. Moosabec CSD 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 Moosabec CSD as that group of students represents of
     the overall number of special education students.
E. Moosabec CSD 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 Moosabec CSD decides that it will provide services, Moosabec
    CSD 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
    Moosabec CSD 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 Moosabec CSD’s duty to locate, identify and
    evaluate all private school/home schooling students with disabilities.
H. As a resident of Jonesport/Beals, 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 Moosabec CSD’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 Moosabec CSD toward private
   school/home schooling students with disabilities, please contact the special education office at Moosabec CSD 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 624-6650.

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