§ 300.137 Equitable services determined.

Plain English summary

This section establishes that parentally-placed private school children with disabilities have no individual right to special education and related services equivalent to what they would receive in public school. The LEA retains final decision-making authority over what services will be provided to eligible private school children. When services are provided, the LEA must develop a services plan through a meeting process that includes participation from a representative of the private or religious school.

Key requirements

• No parentally-placed 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.
• 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(d).
• The LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities.
• 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 initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with § 300.138(b).
• The LEA must 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.

Affected parties

• Local Educational Agencies (LEAs)
• parentally-placed private school children with disabilities
• parents of parentally-placed private school children with disabilities
• religious and other private schools

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.137