A private school is required to follow IDEA only if it receives federal funding (of any type). Regardless of the receipt of federal funds, a private school must follow the provisions of the Americans with Disabilities Act (with very limited exceptions). If the school is attempting to avoid violation of section 504 of the Civil Rights Act of 1973, then it can provide accommodations calling the plan whatever it wants. It is more important to focus on what is provided, not what the plan is called.
Harold Gold
www.texasspecialedlaw.com
Answered on Dec 12th, 2012 at 10:28 AM