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Notes

34 C.F.R. §§ 300.137–300.139

3 sections in range

§300.137. Equitable services determined.

34 C.F.R. § 300.137

(a)
No individual right to special education and related services. No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
(b)
Decisions.
(1)
Decisions about the services that will be provided to parentally-placed private school children with disabilities under §§ 300.130 through 300.144 must be made in accordance with paragraph (c) of this section and § 300.134(d).
(2)
The LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities.
(c)
Services plan for each child served under §§ 300.130 through 300.144. If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from an LEA, the LEA must—
(1)
Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with § 300.138(b); and
(2)
Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.
Notes, amendments, and revision history

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007]

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007]

§300.138. Equitable services provided.

34 C.F.R. § 300.138

(a)
General.
(1)
The services provided to parentally-placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities do not have to meet the special education teacher qualification requirements in § 300.156(c).
(2)
Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.
(b)
Services provided in accordance with a services plan.
(1)
Each parentally-placed private school child with a disability who has been designated to receive services under § 300.132 must have a services plan that describes the specific special education and related services that the LEA will provide to the child in light of the services that the LEA has determined, through the process described in §§ 300.134 and 300.137, it will make available to parentally-placed private school children with disabilities.
(2)
The services plan must, to the extent appropriate—
(i)
Meet the requirements of § 300.320, or for a child ages three through five, meet the requirements of § 300.323(b) with respect to the services provided; and
(ii)
Be developed, reviewed, and revised consistent with §§ 300.321 through 300.324.
(c)
Provision of equitable services.
(1)
The provision of services pursuant to this section and §§ 300.139 through 300.143 must be provided:
(i)
By employees of a public agency; or
(ii)
Through contract by the public agency with an individual, association, agency, organization, or other entity.
(2)
Special education and related services provided to parentally-placed private school children with disabilities, including materials and equipment, must be secular, neutral, and nonideological.
Notes, amendments, and revision history

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]

§300.139. Location of services and transportation.

34 C.F.R. § 300.139

(a)
Services on private school premises. Services to parentally-placed private school children with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law.
(b)
Transportation—
(1)
General.
(i)
If necessary for the child to benefit from or participate in the services provided under this part, a parentally-placed private school child with a disability must be provided transportation—
(A)
From the child's school or the child's home to a site other than the private school; and
(B)
From the service site to the private school, or to the child's home, depending on the timing of the services.
(ii)
LEAs are not required to provide transportation from the child's home to the private school.
(2)
Cost of transportation. The cost of the transportation described in paragraph (b)(1)(i) of this section may be included in calculating whether the LEA has met the requirement of § 300.133.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.