§ 300.191 Provisions for services under a by-pass.

Plain English summary

This section establishes the process by which the Secretary of Education implements a by-pass to directly provide special education services to private school children with disabilities when a State's law prohibits such services. The Secretary must consult with relevant officials, arrange services through agreements with appropriate parties, calculate payment amounts based on a per-child formula, and deduct the necessary funds from the State's Part B allocation to pay service providers. Funds may be withheld from the State pending resolution of investigations or complaints that could result in a by-pass determination.

Key requirements

• Before implementing a by-pass, the Secretary consults with appropriate public and private school officials, including SEA officials, in the affected State, and as appropriate, LEA or other public agency officials to consider matters such as any prohibition imposed by State law that results in the need for a by-pass and the scope and nature of the services required by private school children with disabilities in the State, and the number of children to be served under the by-pass.
• After determining that a by-pass is required, the Secretary arranges for the provision of services to private school children with disabilities in the State, LEA or other public agency in a manner consistent with the requirements of section 612(a)(10)(A) of the Act and §§ 300.131 through 300.144 by providing services through one or more agreements with appropriate parties.
• For any fiscal year that a by-pass is implemented, the Secretary determines the maximum amount to be paid to the providers of services by multiplying a per child amount determined by dividing the total amount received by the State under Part B of the Act for the fiscal year by the number of children with disabilities served in the prior year as reported to the Secretary under section 618 of the Act, by the number of private school children with disabilities in the State, LEA or other public agency.
• The Secretary deducts from the State's allocation under Part B of the Act the amount the Secretary determines is necessary to implement a by-pass and pays that amount to the provider of services.
• The Secretary may withhold this amount from the State's allocation pending final resolution of any investigation or complaint that could result in a determination that a by-pass must be implemented.

Affected parties

• U.S. Secretary of Education
• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Private school children with disabilities
• Private school officials
• Public school officials
• Service providers under by-pass agreements
• Other public agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.191