Identification of Nonpublic School Students Attending Non-Philadelphia County Nonpublic Schools

Per federal law under IDEA, the LEA (or pubic school district) that overlaps the school attendance/enrollment of a nonpublic school student determines which entity is required to assess nonpublic school students for potential educational disabilities — NOT the residence of the child.   In Pennsylvania, it is the Intermediate Unit (IU) in which the nonpublic school student ATTENDS that is responsible for conducting the Child Find and evaluation activity at the cost of the IU.  If IU 26 is contacted by another IU or nonpublic school or parent /guardian of a child attending a nonpublic school outside of IU26, the person contacting IU 26 will be informed that it’s the IU in which their child attends the nonpublic school who has responsibility in the first instance to perform Child Find. IU 26 encourages parents/guardians and nonpublic school representatives to discuss their requests for evaluation/reevaluation with the Intermediate Unit (IU) that serves their school of attendance.

As the IU of residence for your student, IU 26 cannot offer your student equitable participation in services at your current school of enrollment. However, IU 26 can offer access to a Free and Appropriate Public Education (FAPE) to your student. This would include an evaluation and, unless waived by you, an offer of FAPE in the form of a contingent IEP and an offer of enrollment in a School District of Philadelphia School. The services described in this contingent IEP would only be provided if your student were to enroll in an SDP school. Your student will receive an evaluation at no cost to you, regardless of whether you waive the offer of FAPE.