§ 300.139 Location of services and transportation.

Plain English summary

This section governs where special education services may be provided to parentally-placed private school children with disabilities and establishes transportation requirements. Services may be provided on private school premises, including religious schools, to the extent permitted by law. LEAs must provide transportation between service sites and the child's school or home when necessary for the child to benefit from services, but are not required to transport children from home to the private school.

Key requirements

• Services to parentally-placed private school children with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law.
• If necessary for the child to benefit from or participate in the services provided under this part, a parentally-placed private school child with a disability must be provided transportation from the child's school or the child's home to a site other than the private school.
• If necessary for the child to benefit from or participate in the services provided under this part, a parentally-placed private school child with a disability must be provided transportation from the service site to the private school, or to the child's home, depending on the timing of the services.
• LEAs are not required to provide transportation from the child's home to the private school.
• The cost of the transportation described in paragraph (b)(1)(i) of this section may be included in calculating whether the LEA has met the requirement of § 300.133.

Affected parties

• Local Educational Agencies (LEAs)
• Parentally-placed private school children with disabilities
• Parents of parentally-placed private school children with disabilities
• Private schools, including religious schools

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.139