C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart A—General

34 C.F.R. § 300.13

Elementary school

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Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.

(Authority: 20 U.S.C. 1401(6))
Notes of Decisions
Cited in 68 cases (1 in the last 5 years), 1981–2022 · leading case: Irving Indep. Sch. Dist. v. Tatro, 468 U.S. 883 (1984).
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Irving Indep. Sch. Dist. v. Tatro, 468 U.S. 883 (1984). · cites it 6× “The regulations define "related services" for handicapped children to include "school health services," 34 CFR § 300.13 (a) (1983), which are defined in turn as "services provided by a qualified school nurse or other qualified person," § 300.”
Petit v. United States Dep't of Educ., 675 F.3d 769 (D.C. Cir. 2012). · cites it 6× “3371 (citation omitted) (internal quotation marks omitted); see also 34 C.F.R. § 300.13 (b)(4) (1983). In Tatro , the Court held that clean intermittent catheterization—which clearly qualified as a related service—was not excluded as a "medical service," noting that it could be…”
Cedar Rapids Cmty. Sch. Dist. v. Garret F. Ex Rel. Charlene F., 526 U.S. 66 (1999). · cites it 4× “(quoting 34 CFR § 300.13 (b)(4) (1983), recodified and amended as 34 CFR § 300.”
Max M. v. Thompson, 592 F. Supp. 1437 (N.D. Ill. 1984). · cites it 8× “Citing 34 C.F.R. § 300.13 (b)(2) (1983), 7 the defendants argue that only psychotherapy performed by qualified psychologists, not psychiatrists, is mandated by § 1401(17) of the EAHCA.”
McKenzie v. Jefferson, 566 F. Supp. 404 (D.D.C. 1983). · cites it 5× “§ 1401 (16), 34 C.F.R. § 300.13 (1982). The Hearing Officer determined that a day placement at Chestnut Lodge was inappropriate and that “a residential setting — room and board is an essential component to her program.”
Timothy W., Etc. v. Rochester, New Hampshire, Sch. Dist., 875 F.2d 954 (1st Cir. 1989). · cites it 3× “(b) “Related services ” means “transportation and such developmental, corrective, and other supportive services as are required to assist a handicapped child to benefit from special education, and includes speech pathology and audiology, psychological services, physical and…”
Roland M. & Miriam M. v. The Concord Sch. Comm., 910 F.2d 983 (1st Cir. 1990). “So long as the means for doing so fit within the statutory compendium, the-Act “require[s] that all of a child’s special needs must be addressed in the educational plan.”
Detsel by Detsel v. Bd. of Educ. of Auburn, 637 F. Supp. 1022 (N.D.N.Y. 1986). · cites it 3× “” 34 C.F.R. §§ 300.13 (a), 300.13(b)(10). Medical services are restricted, as in the statute, to those services rendered for diagnostic or evaluation purposes, and the regulations further restrict allowable medical services to those performed by a licensed physician.”
Samantha Neely, George Neely, Carol Neely v. Rutherford Cnty. Sch., 68 F.3d 965 (6th Cir. 1995). · cites it 3× “(quoting 34 C.F.R. § 300.13 (b)(10)). The Court also noted that the Secretary of Education defined the term “medical services” as those “ ‘services provided by a licensed physician.”
Cohen v. Sch. Bd. of Dade Cnty., Fla., 450 So. 2d 1238 (Fla. 3d DCA 1984). · cites it 2× “The order directed the School Board to fund Paul's placement in the Anneewakee residential program, including the cost of "special education" and "related services" defined in 34 C.F.R. § 300.13 (1981). Medical and psychiatric treatment services provided on an ongoing basis were…”
Field v. Haddonfield Bd. of Educ., 769 F. Supp. 1313 (D.N.J. 1991). · cites it 2× “” 34 C.F.R. § 300.13 (b)(4) (1990). 13 Where a child’s education is adversely affected by substance abuse, successful completion of a substance abuse program can be expected to increase the effectiveness of the child’s educational program.”
McNair v. Cardimone, 676 F. Supp. 1361 (S.D. Ohio 1987). · cites it 3× “transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, and medical and counseling services, except that such medical services shall be for…”
Show all 68 citing cases →
— 34 C.F.R. § 300.13(a) — 4 cases
Durant v. Dep't of Educ., 463 N.W.2d 461 (Mich. Ct. App. 1990).
Tokarcik v. Forest Hills Sch. Dist., 665 F.2d 443 (3rd Cir. 1981).
Hall v. Shawnee Mission Sch. Dist.(USD No. 512), 856 F. Supp. 1521 (D. Kan. 1994).
Tokarcik v. Forest Hills Sch. Dist., 665 F.2d 443 (3rd Cir. 1981).
— 34 C.F.R. § 300.13(b)(10) — 2 cases
Tokarcik v. Forest Hills Sch. Dist., 665 F.2d 443 (3rd Cir. 1981).
Tokarcik v. Forest Hills Sch. Dist., 665 F.2d 443 (3rd Cir. 1981).
— 34 C.F.R. § 300.13(b)(2) — 1 case
Max M. v. Thompson, 592 F. Supp. 1437 (N.D. Ill. 1984). “Citing 34 C.F.R. § 300.13 (b)(2) (1983), 7 the defendants argue that only psychotherapy performed by qualified psychologists, not psychiatrists, is mandated by § 1401(17) of the EAHCA.”
— 34 C.F.R. § 300.13(b)(4) — 4 cases
Detsel by Detsel v. Bd. of Educ. of Auburn, 637 F. Supp. 1022 (N.D.N.Y. 1986). “” 34 C.F.R. §§ 300.13 (a), 300.13(b)(10). Medical services are restricted, as in the statute, to those services rendered for diagnostic or evaluation purposes, and the regulations further restrict allowable medical services to those performed by a licensed physician.”
Max M. v. Thompson, 592 F. Supp. 1437 (N.D. Ill. 1984). “Citing 34 C.F.R. § 300.13 (b)(2) (1983), 7 the defendants argue that only psychotherapy performed by qualified psychologists, not psychiatrists, is mandated by § 1401(17) of the EAHCA.”
Max M. v. Illinois State Bd. of Educ., 629 F. Supp. 1504 (N.D. Ill. 1986).
Bevin H. Ex Rel. Michael H. v. Wright, 666 F. Supp. 71 (W.D. Pa. 1987).
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