§ 300.190 By-pass—general.

Plain English summary

This section establishes a federal bypass mechanism allowing the Secretary of Education to directly arrange services for parentally-placed private school children with disabilities when an SEA is either legally prohibited from providing equitable participation or has substantially failed or refused to do so. When a bypass is implemented, the Secretary waives the equitable participation requirements otherwise imposed on the SEA under section 612(a)(10)(A) and the related regulatory provisions.

Key requirements

• If on December 2, 1983, an SEA was prohibited by law from providing for the equitable participation in special programs of children with disabilities enrolled in private elementary schools and secondary schools as required by section 612(a)(10)(A) of the Act, the Secretary shall arrange for the provision of services to these children.
• If the Secretary determines that an SEA, LEA, or other public agency has substantially failed or is unwilling to provide for such equitable participation, the Secretary shall arrange for the provision of services to these children.
• Arrangements made by the Secretary shall be subject to the requirements of section 612(a)(10)(A) of the Act.
• The Secretary waives the requirement of section 612(a)(10)(A) of the Act and of §§ 300.131 through 300.144 if the Secretary implements a by-pass.

Affected parties

• Secretary of Education
• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Other public agencies
• Children with disabilities enrolled in private elementary schools
• Children with disabilities enrolled in private secondary schools

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.190