Updated Oct. 1
Since the release of this dispatch, the Maine DOE has become aware of a need for further clarification. A parent has the right at any time to place his or her child receiving special education in a private school, including a non-approved private school. As stated in MUSER §IV.4.G(3)(a), the residential district in this situation is not required to pay for the cost of the child’s education in the private school. The Department has become aware that some districts, nevertheless, are paying some or all of the educational costs for such children placed in non-approved private schools. Districts should not be making such payments unless the procedures described below (convening the IEP Team, developing an offer of FAPE, explaining to the parent the ramifications of a decision to place the child in a non-approved program and the right to revoke consent for continued provision of special education services) are followed and the parent revokes consent in writing. Under no circumstances should special education funds be used for such payments.
School administrative units (SAUs) sometimes become aware that a student identified as needing special education services has been placed in a program that has not been approved for special education by the Maine DOE. Placement of such a student by the SAU is prohibited by MUSER §XII.1.F(1)(c), but the student may have been placed directly by parents or a State agency.
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