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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]There are no special education rights in Private school, the laws only apply to public schools. [/quote]

I think this answer is not quite right -- the federal IDEA law and it's idea of "free and appropriate public education" may not apply to private schools, but private schools still must comply with federal disability law like the Americans with Disabilities Act and probably Section 504 of the Rehabilitation Act may apply as well if the private school receives federal funds directly or indirectly for any reason.

ADA does not apply to private religious schools, I believe. [/quote]

No, 504s and IEPs need not be honoredby private schools.[/quote]

Yes, you are correct that a private school does not have to create a 504 plan or an IEP, but that is not the same as saying that they are not subject to Section 504 of the Rehabilitation Act or the ADA.  For example, under the ADA, a private school would still have to make reasonable accommodations for ... a child in a wheelchair.... a child who needs to have time out of class to manage medications (like diabetes, e.g.)... has a concussion and needs time off school and a makeup work plan commensurate with medical advice.  The way they do this doesn't have to be by the 504 or IEP process that we see public schools use, but it doesn't mean that they can refuse to accommodate entirely either just because they are "private".   What exactly is "reasonable" is determined by statute and case law.

Saying private schools are "not subject to special education rights" is a bit simplistic and not quite right.  "Special education rights" stem from 3 federal laws (plus any applicable state laws which may provide some enhanced rights) -- IDEA, Section 504 of the Rehab Act and the ADA.  "Special education rights" stem from the notion that a person has a "disability," the definition of which varies somewhat under these 3 laws.  Each different law provides different protections and processes, sometimes overlapping.  If your child has a "disability" as defined under Section 504 or the ADA, a private school may still have to provide some kind of accommodation for the disability.

OP, please do see an attorney who can offer you better advice based on the individual facts of your child's needs and the exact type of private school you are in. [/quote]

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