§ 300.146 Responsibility of SEA.

Plain English summary

This section requires each SEA to ensure that children with disabilities placed in or referred to private schools or facilities by a public agency receive a free appropriate public education through a compliant IEP, meet state and LEA educational standards, and retain all rights afforded to children with disabilities served by public agencies. The SEA bears ultimate responsibility for overseeing these protections even when education is delivered in a private setting. Services must be provided at no cost to the parents.

Key requirements

• Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency is provided special education and related services in conformance with an IEP that meets the requirements of §§ 300.320 through 300.325.
• Special education and related services must be provided at no cost to the parents.
• The child must be provided an education that meets the standards that apply to education provided by the SEA and LEAs including the requirements of this part, except for § 300.156(c).
• The child has all of the rights of a child with a disability who is served by a public agency.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Public agencies
• Children with disabilities placed in private schools or facilities by public agencies
• Parents of children with disabilities
• Private schools and facilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.146