---
kind: "range"
citation: "34 C.F.R. §§ 300.145–300.154"
title: "34"
from: "300.145"
to: "300.154"
count: 10
url: "https://uscodex.org/cfr/34/300.145..300.154"
---

# §300.145. Applicability of §§ 300.146 through 300.147.


[Sections 300.146 through 300.147](/cfr/34/300.146..300.147.md) apply only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services.


# §300.146. Responsibility of SEA.


Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency—

- (a) **Is provided special education and related services—**
  - (1) In conformance with an IEP that meets the requirements of [§§ 300.320 through 300.325](/cfr/34/300.320..300.325.md); and
  - (2) At no cost to the parents;
- (b) Is provided an education that meets the standards that apply to education provided by the SEA and LEAs including the requirements of this part, except for [§ 300.156(c)](/cfr/34/300.156.md?p=c); and
- (c) **Has all of the rights of a child with a disability who is served by a public agency.**

# §300.147. Implementation by SEA.


In implementing [§ 300.146](/cfr/34/300.146.md), the SEA must—

- (a) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;
- (b) Disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a child with a disability; and
- (c) Provide an opportunity for those private schools and facilities to participate in the development and revision of State standards that apply to them.

# §300.148. Placement of children by parents when FAPE is at issue.

- (a) **General.** This part does not require an LEA to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made FAPE available to the child and the parents elected to place the child in a private school or facility. However, the public agency must include that child in the population whose needs are addressed consistent with [§§ 300.131 through 300.144](/cfr/34/300.131..300.144.md).
- (b) **Disagreements about FAPE.** Disagreements between the parents and a public agency regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures in [§§ 300.504 through 300.520](/cfr/34/300.504..300.520.md).
- (c) **Reimbursement for private school placement.** If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary school, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made FAPE available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the SEA and LEAs.
- (d) **Limitation on reimbursement.** The cost of reimbursement described in [paragraph (c)](#c) of this section may be reduced or denied—
  - (1) **If—**
    - (i) At the most recent IEP Team meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or
    - (ii) At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in [paragraph (d)(1)(i)](#d-1-i) of this section;
  - (2) If, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in [§ 300.503(a)(1)](/cfr/34/300.503.md?p=a-1), of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or
  - (3) **Upon a judicial finding of unreasonableness with respect to actions taken by the parents.**
- (e) **Exception.** Notwithstanding the notice requirement in [paragraph (d)(1)](#d-1) of this section, the cost of reimbursement—
  - (1) **Must not be reduced or denied for failure to provide the notice if—**
    - (i) The school prevented the parents from providing the notice;
    - (ii) The parents had not received notice, pursuant to [§ 300.504](/cfr/34/300.504.md), of the notice requirement in [paragraph (d)(1)](#d-1) of this section; or
    - (iii) Compliance with [paragraph (d)(1)](#d-1) of this section would likely result in physical harm to the child; and
  - (2) May, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if—
    - (i) The parents are not literate or cannot write in English; or
    - (ii) Compliance with [paragraph (d)(1)](#d-1) of this section would likely result in serious emotional harm to the child.

# §300.149. SEA responsibility for general supervision.

- (a) **The SEA is responsible for ensuring—**
  - (1) That the requirements of this part are carried out; and
  - (2) That each educational program for children with disabilities administered within the State, including each program administered by any other State or local agency (but not including elementary schools and secondary schools for Indian children operated or funded by the Secretary of the Interior)—
    - (i) Is under the general supervision of the persons responsible for educational programs for children with disabilities in the SEA; and
    - (ii) **Meets the educational standards of the SEA (including the requirements of this part).**
  - (3) In carrying out this part with respect to homeless children, the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11431](/usc/42/11431.md) et seq.) are met.
- (b) The State must have in effect policies and procedures to ensure that it complies with the monitoring and enforcement requirements in [§§ 300.600 through 300.602](/cfr/34/300.600..300.602.md) and [§§ 300.606 through 300.608](/cfr/34/300.606..300.608.md).
- (c) Part B of the Act does not limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to children with disabilities in the State.
- (d) Notwithstanding [paragraph (a)](#a) of this section, the Governor (or another individual pursuant to State law) may assign to any public agency in the State the responsibility of ensuring that the requirements of Part B of the Act are met with respect to students with disabilities who are convicted as adults under State law and incarcerated in adult prisons.

# §300.150. SEA implementation of procedural safeguards.


The SEA (and any agency assigned responsibility pursuant to [§ 300.149(d)](/cfr/34/300.149.md?p=d)) must have in effect procedures to inform each public agency of its responsibility for ensuring effective implementation of procedural safeguards for the children with disabilities served by that public agency.


# §300.151. Adoption of State complaint procedures.

- (a) **General.** Each SEA must adopt written procedures for—
  - (1) Resolving any complaint, including a complaint filed by an organization or individual from another State, that meets the requirements of [§ 300.153](/cfr/34/300.153.md) by—
    - (i) Providing for the filing of a complaint with the SEA; and
    - (ii) At the SEA's discretion, providing for the filing of a complaint with a public agency and the right to have the SEA review the public agency's decision on the complaint; and
  - (2) Widely disseminating to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities, the State procedures under [§§ 300.151 through 300.153](/cfr/34/300.151..300.153.md).
- (b) **Remedies for denial of appropriate services.** In resolving a complaint in which the SEA has found a failure to provide appropriate services, an SEA, pursuant to its general supervisory authority under Part B of the Act, must address—
  - (1) The failure to provide appropriate services, including corrective action appropriate to address the needs of the child (such as compensatory services or monetary reimbursement); and
  - (2) **Appropriate future provision of services for all children with disabilities.**

# §300.152. Minimum State complaint procedures.

- (a) **Time limit; minimum procedures.** Each SEA must include in its complaint procedures a time limit of 60 days after a complaint is filed under [§ 300.153](/cfr/34/300.153.md) to—
  - (1) Carry out an independent on-site investigation, if the SEA determines that an investigation is necessary;
  - (2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
  - (3) **Provide the public agency with the opportunity to respond to the complaint, including, at a minimum—**
    - (i) At the discretion of the public agency, a proposal to resolve the complaint; and
    - (ii) An opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation consistent with [§ 300.506](/cfr/34/300.506.md);
  - (4) Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or of this part; and
  - (5) Issue a written decision to the complainant that addresses each allegation in the complaint and contains—
    - (i) Findings of fact and conclusions; and
    - (ii) **The reasons for the SEA's final decision.**
- (b) **Time extension; final decision; implementation.** The SEA's procedures described in [paragraph (a)](#a) of this section also must—
  - (1) **Permit an extension of the time limit under paragraph (a) of this section only if—**
    - (i) Exceptional circumstances exist with respect to a particular complaint; or
    - (ii) The parent (or individual or organization, if mediation or other alternative means of dispute resolution is available to the individual or organization under State procedures) and the public agency involved agree to extend the time to engage in mediation pursuant to [paragraph (a)(3)(ii)](#a-3-ii) of this section, or to engage in other alternative means of dispute resolution, if available in the State; and
  - (2) **Include procedures for effective implementation of the SEA's final decision, if needed, including—**
    - (i) Technical assistance activities;
    - (ii) Negotiations; and
    - (iii) **Corrective actions to achieve compliance.**
- (c) **Complaints filed under this section and due process hearings under § 300.507 and §§ 300.530 through 300.532.**
  - (1) If a written complaint is received that is also the subject of a due process hearing under [§ 300.507](/cfr/34/300.507.md) or [§§ 300.530 through 300.532](/cfr/34/300.530..300.532.md), or contains multiple issues of which one or more are part of that hearing, the State must set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in paragraphs [(a)](#a) and [(b)](#b) of this section.
  - (2) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties—
    - (i) The due process hearing decision is binding on that issue; and
    - (ii) The SEA must inform the complainant to that effect.
  - (3) A complaint alleging a public agency's failure to implement a due process hearing decision must be resolved by the SEA.

# §300.153. Filing a complaint.

- (a) An organization or individual may file a signed written complaint under the procedures described in [§§ 300.151 through 300.152](/cfr/34/300.151..300.152.md).
- (b) The complaint must include—
  - (1) A statement that a public agency has violated a requirement of Part B of the Act or of this part;
  - (2) The facts on which the statement is based;
  - (3) The signature and contact information for the complainant; and
  - (4) If alleging violations with respect to a specific child—
    - (i) The name and address of the residence of the child;
    - (ii) The name of the school the child is attending;
    - (iii) In the case of a homeless child or youth (within the meaning of [section 725(2)](/cfr/34/725.md?p=2) of the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11434a(2)](/usc/42/11434a.md?p=2)), available contact information for the child, and the name of the school the child is attending;
    - (iv) A description of the nature of the problem of the child, including facts relating to the problem; and
    - (v) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
- (c) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with [§ 300.151](/cfr/34/300.151.md).
- (d) The party filing the complaint must forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the SEA.

# §300.154. Methods of ensuring services.

- (a) **Establishing responsibility for services.** The Chief Executive Officer of a State or designee of that officer must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in [paragraph (b)](#b) of this section and the SEA, in order to ensure that all services described in [paragraph (b)(1)](#b-1) of this section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under [paragraph (a)(3)](#a-3) of this section. The agreement or mechanism must include the following:
  - (1) An identification of, or a method for defining, the financial responsibility of each agency for providing services described in [paragraph (b)(1)](#b-1) of this section to ensure FAPE to children with disabilities. The financial responsibility of each noneducational public agency described in [paragraph (b)](#b) of this section, including the State Medicaid agency and other public insurers of children with disabilities, must precede the financial responsibility of the LEA (or the State agency responsible for developing the child's IEP).
  - (2) The conditions, terms, and procedures under which an LEA must be reimbursed by other agencies.
  - (3) Procedures for resolving interagency disputes (including procedures under which LEAs may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.
  - (4) Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in [paragraph (b)(1)](#b-1) of this section.
- (b) **Obligation of noneducational public agencies.**
  - (1)
    - (i) If any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy or pursuant to [paragraph (a)](#a) of this section, to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in [§ 300.5](/cfr/34/300.5.md) relating to assistive technology devices, [§ 300.6](/cfr/34/300.6.md) relating to assistive technology services, [§ 300.34](/cfr/34/300.34.md) relating to related services, [§ 300.42](/cfr/34/300.42.md) relating to supplementary aids and services, and [§ 300.43](/cfr/34/300.43.md) relating to transition services) that are necessary for ensuring FAPE to children with disabilities within the State, the public agency must fulfill that obligation or responsibility, either directly or through contract or other arrangement pursuant to [paragraph (a)](#a) of this section or an agreement pursuant to [paragraph (c)](#c) of this section.
    - (ii) A noneducational public agency described in [paragraph (b)(1)(i)](#b-1-i) of this section may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.
  - (2) If a public agency other than an educational agency fails to provide or pay for the special education and related services described in [paragraph (b)(1)](#b-1) of this section, the LEA (or State agency responsible for developing the child's IEP) must provide or pay for these services to the child in a timely manner. The LEA or State agency is authorized to claim reimbursement for the services from the noneducational public agency that failed to provide or pay for these services and that agency must reimburse the LEA or State agency in accordance with the terms of the interagency agreement or other mechanism described in [paragraph (a)](#a) of this section.
- (c) **Special rule.** The requirements of [paragraph (a)](#a) of this section may be met through—
  - (1) State statute or regulation;
  - (2) Signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or
  - (3) Other appropriate written methods as determined by the Chief Executive Officer of the State or designee of that officer and approved by the Secretary.
- (d) **Children with disabilities who are covered by public benefits or insurance.**
  - (1) A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this part, as permitted under the public benefits or insurance program, except as provided in [paragraph (d)(2)](#d-2) of this section.
  - (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
    - (i) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;
    - (ii) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but pursuant to [paragraph (g)(2)](#g-2) of this section, may pay the cost that the parents otherwise would be required to pay;
    - (iii) **May not use a child's benefits under a public benefits or insurance program if that use would—**
      - (A) Decrease available lifetime coverage or any other insured benefit;
      - (B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;
      - (C) Increase premiums or lead to the discontinuation of benefits or insurance; or
      - (D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and
    - (iv) Prior to accessing a child's or parent's public benefits or insurance for the first time, and after providing notification to the child's parents consistent with [paragraph (d)(2)(v)](#d-2-v) of this section, must obtain written, parental consent that—
      - (A) Meets the requirements of [§ 99.30](/cfr/34/99.30.md) of this title and [§ 300.622](/cfr/34/300.622.md), which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under [part 300](/cfr/34/part300.md)), and the agency to which the disclosure may be made (e.g., the State's public benefits or insurance program (e.g., Medicaid)); and
      - (B) Specifies that the parent understands and agrees that the public agency may access the parent's or child's public benefits or insurance to pay for services under [part 300](/cfr/34/part300.md).
    - (v) Prior to accessing a child's or parent's public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with [§ 300.503(c)](/cfr/34/300.503.md?p=c), to the child's parents, that includes—
      - (A) A statement of the parental consent provisions in paragraphs [(d)(2)(iv)(A)](#d-2-iv-A) and [(B)](#d-2-iv-B) of this section;
      - (B) A statement of the “no cost” provisions in [paragraphs (d)(2)(i) through (iii)](#d-2-i..d-2-iii) of this section;
      - (C) A statement that the parents have the right under [34 CFR part 99](/cfr/34/part99.md) and [part 300](/cfr/34/part300.md) to withdraw their consent to disclosure of their child's personally identifiable information to the agency responsible for the administration of the State's public benefits or insurance program (e.g., Medicaid) at any time; and
      - (D) A statement that the withdrawal of consent or refusal to provide consent under [34 CFR part 99](/cfr/34/part99.md) and [part 300](/cfr/34/part300.md) to disclose personally identifiable information to the agency responsible for the administration of the State's public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
- (e) **Children with disabilities who are covered by private insurance.**
  - (1) With regard to services required to provide FAPE to an eligible child under this part, a public agency may access the parents' private insurance proceeds only if the parents provide consent consistent with [§ 300.9](/cfr/34/300.9.md).
  - (2) Each time the public agency proposes to access the parents' private insurance proceeds, the agency must—
    - (i) Obtain parental consent in accordance with [paragraph (e)(1)](#e-1) of this section; and
    - (ii) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
- (f) **Use of Part B funds.**
  - (1) If a public agency is unable to obtain parental consent to use the parents' private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under this part, to ensure FAPE the public agency may use its Part B funds to pay for the service.
  - (2) To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the public agency may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents' benefits or insurance (e.g., the deductible or co-pay amounts).
- (g) **Proceeds from public benefits or insurance or private insurance.**
  - (1) Proceeds from public benefits or insurance or private insurance will not be treated as program income for purposes of [2 CFR 200.307](/cfr/2/200.307.md)
  - (2) If a public agency spends reimbursements from Federal funds (e.g., Medicaid) for services under this part, those funds will not be considered “State or local” funds for purposes of the maintenance of effort provisions in §§ [300.163](/cfr/34/300.163.md) and [300.203](/cfr/34/300.203.md).
- (h) **Construction.** Nothing in this part should be construed to alter the requirements imposed on a State Medicaid agency, or any other agency administering a public benefits or insurance program by Federal statute, regulations or policy under title XIX, or title XXI of the Social Security Act, 42 U.S.C. [1396 through 1396v](/usc/42/1396..1396v.md) and [42](/usc/42/42.md) U.S.C. 1397aa through 1397jj, or any other public benefits or insurance program.