May a district require a child in need of special education services who receives CPI and who is dually enrolled to come to the public school premises to receive such services?
Effective July 1, 2006, Iowa Code section 256.12(2) states as follows: “special education support, and related services provided by area education agencies for the purpose of identifying children with disabilities, assistance with physical and communication needs of students with physical disabilities, and services of an educational interpreter may be provided on nonpublic school premises with the permission of the lawful custodian of the property. Other special education services may be provided on nonpublic school premises at the discretion of the school district or area education agency provider of the service and with the permission of the lawful custodian of the property.” Therefore, a district or AEA may provide special education services to such a child either at the public school or at an accredited nonpublic school. The choice belongs to the district or AEA.
