§ 300.141 Requirement that funds not benefit a private school.

Plain English summary

This section prohibits LEAs from using IDEA Part B funds (sections 611 or 619) to finance existing instruction levels in private schools or otherwise benefit the private school itself. Funds must be directed specifically to meet the special education and related services needs of parentally-placed private school children with disabilities, not the general needs of the private school or its general student population.

Key requirements

• An LEA may not use funds provided under section 611 or 619 of the Act to finance the existing level of instruction in a private school or to otherwise benefit the private school.
• The LEA must use funds provided under Part B of the Act to meet the special education and related services needs of parentally-placed private school children with disabilities.
• Funds may not be used for meeting the needs of a private school.
• Funds may not be used for meeting the general needs of the students enrolled in the private school.

Affected parties

• Local Educational Agencies (LEAs)
• Private schools
• Parentally-placed private school children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.141