§ 300.133 Expenditures.

Plain English summary

This section requires each LEA to spend a proportionate share of its federal subgrants (under sections 611(f) and 619(g) of the Act) on special education and related services for parentally-placed private school children with disabilities. LEAs must conduct an annual child count between October 1 and December 1 to determine the number of such children, which then determines the spending amount for the next fiscal year. Any unspent equitable services funds must be obligated during a one-year carry-over period, and state/local funds may supplement but never supplant the required federal expenditure.

Key requirements

• Each LEA must spend an amount that is the same proportion of the LEA's total subgrant under section 611(f) of the Act as the number of private school children with disabilities aged 3 through 21 enrolled by their parents in private 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.
• For children aged three through five, each LEA must spend 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 enrolled in a private elementary school located in the school district is to the total number of children with disabilities in its jurisdiction aged three through five.
• If an LEA has not expended for equitable services all of the funds described in paragraphs (a)(1) and (a)(2) of this section by the end of the fiscal year for which Congress appropriated the funds, the LEA must obligate the remaining funds for special education and related services (including direct services) to parentally-placed private school children with disabilities during a carry-over period of one additional year.
• 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.
• Each LEA must, after timely and meaningful consultation with representatives of parentally-placed private school children with disabilities (consistent with § 300.134), determine the number of parentally-placed private school children with disabilities attending private schools located in the LEA.
• Each LEA must ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
• The 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.
• 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.

Affected parties

• Local Educational Agencies (LEAs)
• Parentally-placed private school children with disabilities aged 3 through 21
• Parentally-placed private school children with disabilities aged 3 through 5
• Private school representatives
• Religious elementary and secondary schools located in the LEA's school district

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.133