Questions and Answers regarding Act 89 and Equitable Participation (IDEA)

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    Services Available to Pre-K and Kindergarten Students

    1. Does Equitable Participation apply to ages 3 -21?
      Yes, if the private/nonpublic school meets the definition of elementary or secondary school under Pennsylvania law.

    2. If a student is in a private/nonpublic school that ONLY has kindergarten, is the student eligible for Equitable Participation services?
      No, except in circumstances where the private school also meets the definition of elementary or secondary school under Pennsylvania law.

    3. Please clarify regarding 4 year olds eligibility for Equitable Participation services?
      In order for a 4 year old to be eligible for IDEA’s EP services, the school must meet the definition of elementary school under Pennsylvania law. Under Act 89, the school must have at least Kindergarten or above for students to receive Act 89 services.

    4. Some schools are Pre-K or K-3 are they eligible under Act 89?
      Pre-K and K-3 are not eligible under Act 89.

     

    Relevant law - 24 P.S. § 9-922.1-A (Act 89 of 1975, as amended) - 22 Pa. Chapter 112 - 20 U.S.C. § 1412(a)(10)