§ 300.138 Equitable services provided.

Plain English summary

This section establishes the requirements for providing equitable special education and related services to parentally-placed private school children with disabilities. Each designated child must have a services plan describing their specific services, and all services must be delivered by public agency employees or contractors, must be secular, neutral, and nonideological, and must be provided by personnel meeting public school standards (with a limited exception for private school teachers).

Key requirements

• Services provided to parentally-placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools.
• Private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities do not have to meet the special education teacher qualification requirements in § 300.156(c).
• Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.
• Each parentally-placed private school child with a disability who has been designated to receive services under § 300.132 must have a services plan that describes the specific special education and related services that the LEA will provide to the child.
• The services plan must, to the extent appropriate, meet the requirements of § 300.320, or for a child ages three through five, meet the requirements of § 300.323(b) with respect to the services provided.
• The services plan must, to the extent appropriate, be developed, reviewed, and revised consistent with §§ 300.321 through 300.324.
• The provision of services must be provided by employees of a public agency or through contract by the public agency with an individual, association, agency, organization, or other entity.
• Special education and related services provided to parentally-placed private school children with disabilities, including materials and equipment, must be secular, neutral, and nonideological.

Affected parties

• Local Educational Agencies (LEAs)
• Parentally-placed private school children with disabilities
• Public agency employees and contractors
• Private elementary and secondary school teachers providing equitable services
• Parents of parentally-placed private school children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.138