Federal IDEA · 34 CFR Part 300 · Regulation

§ 300.131 Child find for parentally-placed private school children with disabilities.

Plain English summary

Each LEA must locate, identify, and evaluate all parentally-placed private school children with disabilities within its school district, including those attending religious schools and out-of-state residents attending private schools in the district. The child find process must be designed to ensure equitable participation and accurate counts, using activities comparable to those used for public school children. The process must be completed within a timeframe comparable to that for public school students, and its costs cannot be counted toward the LEA's proportionate share obligation.

Key requirements

  • 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.
  • The child find process must be designed to ensure the equitable participation of parentally-placed private school children and an accurate count of those children.
  • The LEA, or, if applicable, the SEA, must undertake activities similar to the activities undertaken for the agency's public school children.
  • 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.
  • The child find process must be completed in a time period comparable to that for students attending public schools in the LEA consistent with § 300.301.
  • Each LEA in which private, including religious, elementary schools and secondary schools are located must include parentally-placed private school children who reside in a State other than the State in which the private schools that they attend are located.

Affected parties

  • Local Education Agencies (LEAs)
  • State Education Agencies (SEAs)
  • Parentally-placed private school children with disabilities
  • Private elementary and secondary schools, including religious schools
  • Parents of private school children with disabilities
  • Out-of-state children attending private schools within the LEA's district

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.131