---
kind: "range"
citation: "34 C.F.R. §§ 300.132–300.135"
title: "34"
from: "300.132"
to: "300.135"
count: 4
url: "https://uscodex.org/cfr/34/300.132..300.135"
---

# §300.132. Provision of services for parentally-placed private school children with disabilities—basic requirement.

- (a) **General.** To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, provision is made for the participation of those children in the program assisted or carried out under Part B of the Act by providing them with special education and related services, including direct services determined in accordance with [§ 300.137](/cfr/34/300.137.md), unless the Secretary has arranged for services to those children under the by-pass provisions in [§§ 300.190 through 300.198](/cfr/34/300.190..300.198.md).
- (b) **Services plan for parentally-placed private school children with disabilities.** In accordance with [paragraph (a)](#a) of this section and [§§ 300.137 through 300.139](/cfr/34/300.137..300.139.md), a services plan must be developed and implemented for each private school child with a disability who has been designated by the LEA in which the private school is located to receive special education and related services under this part.
- (c) **Record keeping.** Each LEA must maintain in its records, and provide to the SEA, the following information related to parentally-placed private school children covered under [§§ 300.130 through 300.144](/cfr/34/300.130..300.144.md):
  - (1) The number of children evaluated;
  - (2) The number of children determined to be children with disabilities; and
  - (3) **The number of children served.**

# §300.133. Expenditures.

- (a) **Formula.** To meet the requirement of [§ 300.132(a)](/cfr/34/300.132.md?p=a), each LEA must spend the following on providing special education and related services (including direct services) to parentally-placed private school children with disabilities:
  - (1) For children aged 3 through 21, an amount that is the same proportion of the LEA's total subgrant under section 611(f) of the Act as the number of private school children with disabilities aged 3 through 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 21.
  - (2)
    - (i) For children aged three through five, an amount that is the same proportion of the LEA's total subgrant under section 619(g) of the Act as the number of parentally-placed private school children with disabilities aged three through five who are enrolled by their parents in a private, including religious, elementary school located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged three through five.
    - (ii) As described in [paragraph (a)(2)(i)](#a-2-i) of this section, children aged three through five are considered to be parentally-placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in [§ 300.13](/cfr/34/300.13.md).
  - (3) If an LEA has not expended for equitable services all of the funds described in paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section by the end of the fiscal year for which Congress appropriated the funds, the LEA must obligate the remaining funds for special education and related services (including direct services) to parentally-placed private school children with disabilities during a carry-over period of one additional year.
- (b) **Calculating proportionate amount.** In calculating the proportionate amount of Federal funds to be provided for parentally-placed private school children with disabilities, the LEA, after timely and meaningful consultation with representatives of private schools under [§ 300.134](/cfr/34/300.134.md), must conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private schools located in the LEA. (See appendix B for an example of how proportionate share is calculated).
- (c) **Annual count of the number of parentally-placed private school children with disabilities.**
  - (1) **Each LEA must—**
    - (i) After timely and meaningful consultation with representatives of parentally-placed private school children with disabilities (consistent with [§ 300.134](/cfr/34/300.134.md)), determine the number of parentally-placed private school children with disabilities attending private schools located in the LEA; and
    - (ii) Ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
  - (2) The count must be used to determine the amount that the LEA must spend on providing special education and related services to parentally-placed private school children with disabilities in the next subsequent fiscal year.
- (d) **Supplement, not supplant.** State and local funds may supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally-placed private school children with disabilities under this part.

# §300.134. Consultation.


To ensure timely and meaningful consultation, an LEA, or, if appropriate, an SEA, must consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:

- (a) **Child find.** The child find process, including—
  - (1) How parentally-placed private school children suspected of having a disability can participate equitably; and
  - (2) How parents, teachers, and private school officials will be informed of the process.
- (b) **Proportionate share of funds.** The determination of the proportionate share of Federal funds available to serve parentally-placed private school children with disabilities under [§ 300.133(b)](/cfr/34/300.133.md?p=b), including the determination of how the proportionate share of those funds was calculated.
- (c) **Consultation process.** The consultation process among the LEA, private school officials, and representatives of parents of parentally-placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed children with disabilities identified through the child find process can meaningfully participate in special education and related services.
- (d) **Provision of special education and related services.** How, where, and by whom special education and related services will be provided for parentally-placed private school children with disabilities, including a discussion of—
  - (1) The types of services, including direct services and alternate service delivery mechanisms; and
  - (2) How special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school children; and
  - (3) How and when those decisions will be made;
- (e) **Written explanation by LEA regarding services.** How, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services (whether provided directly or through a contract), the LEA will provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.

# §300.135. Written affirmation.

- (a) When timely and meaningful consultation, as required by [§ 300.134](/cfr/34/300.134.md), has occurred, the LEA must obtain a written affirmation signed by the representatives of participating private schools.
- (b) If the representatives do not provide the affirmation within a reasonable period of time, the LEA must forward the documentation of the consultation process to the SEA.