§ 300.142 Use of personnel.

Plain English summary

This section governs how LEAs may use IDEA funds (under sections 611 and 619) to deploy both public and private school personnel to provide services to parentally-placed private school children with disabilities. Public school personnel may be made available in non-public settings when necessary for required services not normally provided by the private school. Private school employees may be compensated with IDEA funds only if they work outside their regular duty hours and under public supervision and control.

Key requirements

• An LEA may use funds available under sections 611 and 619 of the Act to make public school personnel available in other than public facilities to the extent necessary to provide services under §§ 300.130 through 300.144 for parentally-placed private school children with disabilities.
• Public school personnel may be deployed if those services are not normally provided by the private school.
• An LEA may use funds available under sections 611 and 619 of the Act to pay for the services of an employee of a private school to provide services under §§ 300.130 through 300.144 if the employee performs the services outside of his or her regular hours of duty.
• A private school employee must perform the services under public supervision and control in order to be compensated with IDEA funds.

Affected parties

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

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.142