§ 300.134 Consultation.

Plain English summary

This section requires LEAs (or SEAs where appropriate) to conduct timely and meaningful consultation with private school representatives and parent representatives of parentally-placed private school children with disabilities. The consultation must occur during the design and development of special education and related services and must cover child find, proportionate share of funds, the consultation process itself, service provision details, and written explanations when the LEA disagrees with private school officials.

Key requirements

• 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.
• Consultation must address the child find process, including how parentally-placed private school children suspected of having a disability can participate equitably and how parents, teachers, and private school officials will be informed of the process.
• Consultation must address the determination of the proportionate share of Federal funds available to serve parentally-placed private school children with disabilities under § 300.133(b), including how the proportionate share was calculated.
• Consultation must address how the consultation 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.
• Consultation must address how, where, and by whom special education and related services will be provided, including the types of services, how services will be apportioned if funds are insufficient, and how and when those decisions will be made.
• If the LEA disagrees with the views of private school officials on the provision or types of services, the LEA must 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.

Affected parties

• Local Educational Agencies (LEAs)
• State Educational Agencies (SEAs)
• Private school representatives
• Representatives of parents of parentally-placed private school children with disabilities
• Parentally-placed private school children with disabilities
• Parents of parentally-placed private school children with disabilities
• Teachers
• Private school officials

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.134