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ADA Title III covers a wide range of places, including private for-profit businesses and non-profit organizations offering training classes, training institutions, and private schools at every level of education. § 12181 et seq., provides people with disabilities the right to equal access to public accommodations.Although students enrolled in private schools do not have the same right to special education as students in public school, IDEA does outline a pathway for dealing with private-school students with LD • The public school district where the private school is located is responsible for determining eligibility and developing the plan for special education services being found eligible (referred to as a “unilateral private placement”).The guidelines below refer to the former situation.Public accommodations are required to provide auxiliary aids and services when they are necessary to enable a person with a disability to benefit from their services: This requirement applies to all activities and services of the educational entity. Deaf or hard of hearing individuals who use sign language may use the services of a qualified sign language interpreter. While places of public accommodation are not required to provide auxiliary aids or services if it would be an undue burden (significant difficulty or expense), it is clear that the fact that a student’s fee or tuition is less than the cost of an auxiliary aid or service will not suffice to show undue burden.For example, if a student is enrolled in a private school, all of its activities including extracurricular activities and activities involving parents need be accessible to a parent or a child who is deaf or hard of hearing. Deaf or hard of hearing individuals who do not use sign language may use the services of an oral interpreter or real-time computer transcription (also called CART). Some classes are available to the public without any charge.This memorandum addresses the obligations of businesses, schools, organizations, recreational organizations, daycare centers, museums, and institutions to provide auxiliary aids and services to deaf or hard of hearing students who are attending classes, seminars, workshops, training, and other educational, cultural or recreational activities. These places of public accommodation are required to provide auxiliary aids and services to ensure effective communication with deaf and hard of hearing people.
It must, to the extent appropriate, meet the content requirements contained in IDEA.
Services can be provided by school district personnel or through contracts by the school district with other individuals or agencies.
While the provision of the special education and related services offered to your child through a services plan does not require your written consent, you may refuse the services being offered by the district.
The services plan also must, to the extent appropriate, be developed, reviewed, and revised consistent with the IDEA requirements related to the IEP team, parent participation, and when IEPs must be in effect.
Special education and related services may be provided to private school students on the premises of private schools, including religious schools, or at a public school.
Make sure to include results from any private evaluations you commissioned, as that will not only strengthen your position, but also avoid duplication of those particular assessments.