How to Secure IEP Services in Private Preschool or Daycare Settings.

So, you just got the news: your toddler qualifies for special education services under IDEA. And you’re thinking, “Wait—IDEA? Isn’t that for school-aged kids?” IDEA actually covers kids from age 3 through 21.

Yes, 3. So what does that mean for you? Let’s break it down.

Yes, IDEA is 3-21

IDEA (Individuals with Disabilities Education Act) ensures that eligible children with disabilities receive a Free Appropriate Public Education (FAPE). Part B of IDEA kicks in at age 3 and goes all the way through high school graduation or age 21, whichever comes first.

For toddlers and preschoolers (ages 3-5), that means they can get an Individualized Education Program (IEP), just like older kids do, but preschool-style.

Who Evaluates and How?

Evaluations are usually done by your local public school district (also known as your LEA for Local Education Agency), even if your child isn’t attending a district preschool. The process usually starts with a Child Find referral either from you, a pediatrician, or a daycare provider.

The evaluation team may include:

• School psychologists
• Special ed teachers
• Speech/language pathologists
• Occupational therapists
• Physical therapists

And you! Yes, YOU are a legally mandated IEP team member. So grab your coffee and your new IEP Binder, you’re going in.

What Happens After the Evaluation?

If your child qualifies, the district is required to offer services. This could mean:

• Speech therapy
• OT/PT
• Behavior support
• Specialized instruction

These services are supposed to be delivered in the Least Restrictive Environment (LRE)—in other words, with their non-disabled peers as much as possible. This is where things get messy.

Can My Kid Stay in Their Private Preschool and Get Services?

The short answer? Sometimes.

The long answer? It depends. Here’s the deal:

• Yes, your child can receive services in a private setting if that is their LRE.
• But school districts will often push for their own public preschool special ed program (read: self-contained classroom) because it’s cheaper and easier to manage.
• However, OSEP (Office of Special Education Programs) has issued guidance letters confirming that if a private preschool is your child’s current placement, the district can’t force you to switch just to receive services. Then again, our current administration has defunded and dismantled these agencies, or is working on it.
• The situation also gets muddy because preschool is not required. States have mandatory enrollment ages for school-aged children, but not preschool.
• In this argument, remember this: It’s not enough to demonstrate that what you’re requesting is FAPE for your child. You also must demonstrate that what the district is offering is not FAPE for your child. And that’s not always so easy to do, and what I spend a lot of time on in my online special education advocacy training.

It’s not as simple as a one‑size‑fits‑all rule — what IDEA requires federally is equitable services for parentally placed students in private preschools, not necessarily a full IEP or FAPE as you’d get in public school. Federal guidance clarifies:

▶ Parent‑placed private preschoolers don’t have an individual right to FAPE or a full IEP, even if IDEA Part B covers ages 3–21. Instead, eligible children may receive a Services Plan, crafted during “timely and meaningful consultation” between parents, LEAs, and private schools.

That means:

• You can request evaluation and services via your district.
• If eligible, the district must include you in a consultation to determine what’s appropriate and feasible.
• They must spend a proportionate share of IDEA funds on equitable services for your child.
• But those services can be (and will be!) more limited like consultative support, materials, indirect help, or a few therapy sessions, not necessarily full-blown slots with special ed teachers.

Why it looks different in every state: States and LEAs decide how they implement “equitable services.” Some provide frequent speech or OT in your preschool; others offer a handful of consult hours based on available funds. A few states may push harder to pull kids into public preschool settings, while others are more flexible. But federal law does not require a full IEP in every private preschool setting.

This means you might have to fight for services at your current location, and yes, it will be annoying. But legally, it’s possible.

IEP Services in Private Preschool or Daycare

Your kid’s in a private preschool or daycare that they love, and now they qualify for an IEP. Naturally, your school district wants to yank them out and plop them into a self-contained public preschool class. Listen, as an experienced special education advocate, I’m going to tell you the truth: This will be an uphill battle. I’d be irresponsible if I didn’t acknowledge that.

Here’s the truth bomb: IDEA does not require you to move your child to a district-run preschool just to receive services. The law says services must be provided in the Least Restrictive Environment (LRE)—and if that’s your child’s current private setting, then the district has to at least try to make it work there.

But, I’d also be irresponsible if I didn’t tell you this part: Schools, even special ed preschool agencies, have no money. And this problem is significantly worse than it was when I entered this field 15 years ago. The current Congress and Administration has made it very clear through executive orders and other actions, that they have no intention of supporting disabled students at any age. Special educators at every level are scrambling.

So you want your child’s new OT to provide this 30-minute session at the preschool they’re already at? Instead of enrolling in a new preschool. Look, I see both sides. I see wanting LRE and not disrupting what is working for a child.

I also see the people who have to do this scheduling with the limited resources they have–and it’s just a fact that providers can deliver more service hours in a day if they don’t have to drive all over to different kids. I can’t fault a district for wanting to save money, when there is so little to go around right now. And, here’s another thing–I can almost 100% guarantee that if you keep your child in a private preschool, they will receive fewer services. The district may concede to sending out an OT or SLP, but in my experience, the service hours are always fewer that way, than if the child was in the district-run preschool.

This is due to that “proportionate share” part of some statutes. Let’s say for your district, a proportionate share is that every disabled preschooler gets $100 worth of services per week.

If your district is sending out an SLP to a private preschool, that $100 gets eaten up very quickly. Fifteen minutes of 1:1 services is probably all you’d get. But, in a district run classroom there’d likely be push-in minutes, small group and so on. At this early age, I find that most parents are not advocacy-savvy enough to demonstrate what is meaningful progress and argue for more services, and you only get 3 years of preschool.

Start by putting your request in writing. Be clear that you want services delivered at your child’s current preschool or daycare, and that this setting is their LRE. If they say no, ask for a Prior Written Notice (PWN) explaining why they’re denying it.

Arm yourself with OSEP guidance letters and remind the team that IDEA Part B applies to ages 3-21, not “3 and up, but only if it’s convenient for us.” If they try to push you toward a more restrictive setting, ask them to document why your child can’t receive support in the current one.

You should also read your state’s specific regulations on this. Here is the most recent federal guidance on this. Note: this is from 2022 and a lot has changed in a short time. Even if it’s current law, the way things are being enforced (or not enforced as the case may be) looks different now.

But Why Is It So Hard to Get Services in a Private Setting?

Because $$$. And logistics. Public schools don’t like to send staff out to private settings. They’d much rather say, “We offer speech, but only at this one building 30 minutes away at 10:30am on Tuesdays.” Our schools are really struggling for resources/money right now and it’s getting worse.

But you are allowed to push back. Ask them to put in writing that they’re denying services at the current setting and cite the regulation they’re using to justify it.

Here’s Your Preschool IEP Cheat Sheet

• Yes, your 3-5-year-old can get an IEP through your school district.
• No, they don’t have to attend the district’s preschool if it’s not appropriate.
• Yes, you’ll have to fight for what’s appropriate.
• No, you’re not crazy for feeling like this is all way harder than it should be.

And, if I could just get on my soapbox for a moment. There’s an urban legend out there that preschool IEP services are easier to get than school aged services. Yes, in my 15 years of experience, there is some truth to that. However, now that I can look back 15 years–and over 15 years of continually underfunding special education for all ages, I feel like it’s not a significant difference like it was when I first started.

You only get 3 years of preschool. So make them count.

That said, when your child starts school-aged services, you should go into that preschool to kindergarten transition with the most robust IEP you can get. More information in that link.