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Proposed New Regulations for I.D.E.A.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§300.131 Child find for parentally-placed private school
children with disabilities.
(a) General. Each LEA must locate, identify, and evaluate all
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, in
accordance with paragraphs (b) through (e) of this section, and
§§300.111 and 300.201.
(b) Child find design. The child find process must be designed to
ensure--
(1) The equitable participation of parentally-placed private
school children; and
(2) An accurate count of those children.
(c) Activities. In carrying out the requirements of this section,
the LEA, or, if applicable, the SEA, must undertake activities
similar to the activities undertaken for the agency’s public
school children.
(d) Cost. The cost of carrying out the child find requirements in
this section, including individual evaluations, may not be
considered in determining if an LEA has met its obligation under
§300.133.
(e) Completion period. The child find process must be completed in
a time period comparable to that for other students attending
public schools in the LEA consistent with §300.301.
(Authority: 20 U.S.C. 1412(a)(10)(A)(ii))
§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,
unless the Secretary has arranged for services to those children
under the by-pass provisions in §§300.190 through 300.198.
(b) SEA responsibility--services plan. In accordance with
paragraph (a) of this section and §§300.137 through 300.139, 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:
(1) The number of children evaluated;
(2) The number of children determined to be children with
disabilities; and
(3) The number of children served.
(Authority: 20 U.S.C. 1412(a)(10)(A)(i))
§300.133 Expenditures.
(a) Formula. To meet the requirement of §300.132(a), each LEA
shall 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(g) 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) 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 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 three through five.
(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, 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.
(c) Child count.
(1) Each LEA must--
(i) Consult with representatives of parentally-placed private
school children with disabilities (consistent with §300.134) in
deciding how to conduct the annual count of the number of
parentally-placed private school children with disabilities; and
(ii) Ensure that the count is conducted on any date between
October 1 and December 1 of each year.
(2) The child 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.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§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), 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.
(Authority: 20 U.S.C. 1412(a)(10)(A)(iii))
§300.135 Written affirmation.
(a) When timely and meaningful consultation, as required by
§300.134, 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.
(Authority: 20 U.S.C. 1412(a)(10)(A)(iv))
§300.136 Compliance.
(a) General. A private school official has the right to submit a
complaint to the SEA under §§300.151 through 300.153 that the
LEA--
(1) Did not engage in consultation that was meaningful and timely;
or
(2) Did not give due consideration to the views of the private
school official.
(b) Procedure. (1) If the private school official wishes to submit
a complaint, the official must provide to the SEA the basis of the
noncompliance by the LEA with the applicable private school
provisions in this part; and
(2) The LEA must forward the appropriate documentation to the SEA.
(3)(i) If the private school official is dissatisfied with the
decision of the SEA, the official may submit a complaint to the
Secretary by providing the information on noncompliance described
in paragraph (b)(1) of this section; and
(ii) The SEA must forward the appropriate documentation to the
Secretary.
(Authority: 20 U.S.C. 1412(a)(10)(A)(v))
§300.137 Equitable services determined.
(a) No individual right to special education and related services.
No 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(c).
(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.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§300.138 Equitable services provided.
(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.
(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.
(Authority: 20 U.S.C. 1412(a)(10)(A)(vi))
§300.139 Location of services and transportation.
(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.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§300.140 Due process complaints and State complaints.
(a) Due process not applicable, except for child find. (1) Except
as provided in paragraph (a)(2) of this section, the procedures in
§§300.504 through 300.519 do not apply to complaints that an LEA
has failed to meet the requirements of §§300.132 through 300.139,
including the provision of services indicated on the child's
services plan.
(2) The procedures in §§300.504 through 300.519 do apply to
complaints that an LEA has failed to meet the requirements of
§300.131, including the requirements of §§300.300 through 300.311.
(b) State complaints. Complaints that an SEA or LEA has failed to
meet the requirements of §§300.132 through 300.144 must be filed
under the procedures in §§300.151 through 300.153.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§300.141 Requirement that funds not benefit a private school.
(a) An LEA may not use funds provided under section 611 or 619 of
the Act to finance the existing level of instruction in a private
school or to otherwise benefit the private school.
(b) The LEA must use funds provided under Part B of the Act to
meet the special education and related services needs of
parentally-placed private school children with disabilities, but
not for--
(1) The needs of a private school; or
(2) The general needs of the students enrolled in the private
school.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§300.142 Use of personnel.
(a) Use of public school personnel. An LEA may use funds available
under sections 611 and 619 of the Act to make public school
personnel available in other than public facilities--
(1) To the extent necessary to provide services under §§300.130
through 300.144 for parentally-placed private school children with
disabilities; and
(2) If those services are not normally provided by the private
school.
(b) Use of private school personnel. An LEA may use funds
available under sections 611 and 619 of the Act to pay for the
services of an employee of a private school to provide services
under §§300.130 through 300.144 if--
(1) The employee performs the services outside of his or her
regular hours of duty; and
(2) The employee performs the services under public supervision
and control.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§300.143 Separate classes prohibited.
An LEA may not use funds available under section 611 or 619 of the
Act for classes that are organized separately on the basis of
school enrollment or religion of the students if—
(a) The classes are at the same site; and
(b) The classes include students enrolled in public schools and
students enrolled in private schools.
(Authority: 20 U.S.C. 1412(a)(10)(A))
§300.144 Property, equipment, and supplies.
(a) A public agency must control and administer the funds used to
provide special education and related services under §§300.137
through 300.139, and hold title to and administer materials,
equipment, and property purchased with those funds for the uses
and purposes provided in the Act.
(b) The public agency may place equipment and supplies in a
private school for the period of time needed for the Part B
program.
(c) The public agency must ensure that the equipment and supplies
placed in a private school--
(1) Are used only for Part B purposes; and
(2) Can be removed from the private school without remodeling the
private school facility.
(d) The public agency must remove equipment and supplies from a
private school if--
(1) The equipment and supplies are no longer needed for Part B
purposes; or
(2) Removal is necessary to avoid unauthorized use of the
equipment and supplies for other than Part B purposes.
(e) No funds under Part B of the Act may be used for repairs,
minor remodeling, or construction of private school facilities.
(Authority: 20 U.S.C. 1412(a)(10)(A)(vii))
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