34 C.F.R. § 299.10

What are the requirements to ensure that funds do not benefit a private school?

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(a) An agency, consortium, or entity shall use funds under a program listed in § 299.6(b) to provide services that supplement, and in no case supplant, the level of services that would, in the absence of services provided under that program, be available to participating children and their teachers and other educational personnel in private schools.

(b) An agency, consortium, or entity shall use funds under a program listed in § 299.6(b) to meet the special educational needs of participating children who attend a private school and their teachers and other educational personnel, but may not use those funds for—

(1) The needs of the private school; or

(2) The general needs of children and their teachers and other educational personnel in the private school.

[62 FR 28252, May 22, 1997, as amended at 84 FR 31679, July 2, 2019. Redesignated at 89 FR 70344, Aug. 29, 2024]

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Thomas v. New York City Dep't of Educ., 55 Misc. 3d 171 (N.Y. Sup. Ct. 2016).

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Thomas v. New York City Dep't of Educ., 55 Misc. 3d 171 (N.Y. Sup. Ct. 2016). “(34 CFR 299.10 [a].) The No Child Left Behind Act does not provide a private right of action for violation of the federal statutes, which are enforceable only by USDOE, charged with administering the statutes in cooperation with state and local education agencies.”

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