Superintendent’s Memo #150-12

State seal, Commonwealth of Virginia

Department of Education

June 8, 2012

TO:  Division Superintendents

FROM:  Patricia I. Wright, Superintendent of Public Instruction

SUBJECT:  Requirements Related to Parentally-Placed Private School Children with Disabilities

The attached documents pertain to the responsibilities of school divisions regarding children with disabilities enrolled by their parents in private, including religious, schools or facilities. The requirements are specified in the federal regulations for the Individuals with Disabilities Education Act (IDEA), 2006, and the Regulations Governing Special Education Programs for Children with Disabilities in Virginia, 2010.

We have received inquiries about the requirement for “timely and meaningful consultation” with private school representatives as well as inquiries concerning the calculation of the required “proportionate share” that must be expended for the provision of special education and related services for children with disabilities who are parentally placed in private elementary and secondary schools.

Those school divisions that have private elementary and secondary schools within their jurisdiction are reminded to include private school representatives in planning for the use of the proportionate share of IDEA funds, consistent with the requirements.

Questions about the consultation provisions may be directed to Dr. Judith Douglas, Director, Office of Dispute Resolution and Administrative Services at or (804) 225-2771.  Questions about the proportionate share that must be set aside may be directed to Paul Raskopf, Director, Office of Financial and Data Services at or (804) 225-2080.


  1. Proportionate Set Aside for Parentally-Placed Private School Children with Disabilities (Word)
  2. Requirements for Ensuring Consultation with Private School Representatives for Parentally-Placed Private School Children with Disabilities (Word)