Opinion No. (2000)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE BRUCE McPHERSON, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: Is a public school district required to provide special education programs to a child with disabilities who has been voluntarily enrolled by a parent in a private school? CONCLUSION A public school district is required to provide special education programs to a child with disabilities who has been voluntarily enrolled by a parent in a private school only to the extent that the programs can be purchased with the proportionate share of federal funds made available to the school district under the Individuals with Disabilities Education Act. ANALYSIS The question presented for resolution centers on California law (Ed. Code, §§ 56000 -56885) 1 providing special education programs to children with disabilities, specifically those voluntarily enrolled in private schools (§§ 56170 - 56177 ), 2 consistent with and implementing the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 -1419). What special education programs, if any, are to be provided by a public school…