§ 300.325 Private school placements by public agencies.

Plain English summary

Before placing a child with a disability in a private school or facility, the public agency must initiate an IEP meeting and ensure participation of a private school representative. Once the child is enrolled, the private school may conduct IEP review meetings at the public agency's discretion, but parents and an agency representative must be involved in and agree to any IEP changes. Regardless of who implements the IEP, compliance responsibility remains with the public agency and SEA.

Key requirements

• Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child in accordance with §§ 300.320 and 300.324.
• The agency must ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency must use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
• After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.
• If the private school or facility initiates and conducts these meetings, the public agency must ensure that the parents and an agency representative are involved in any decision about the child's IEP and agree to any proposed changes in the IEP before those changes are implemented.
• Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA.

Affected parties

• public agencies
• state educational agencies (SEAs)
• private schools and facilities
• children with disabilities placed in private schools by public agencies
• parents of children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.325