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 B—State Eligibility

34 C.F.R. § 300.130

Definition of parentally-placed private school children with disabilities

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Parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school in § 300.13 or secondary school in § 300.36, other than children with disabilities covered under §§ 300.145 through 300.147.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(10)(A))
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1983–2024 · leading case: J.M. v. Montana High Sch. Ass'n, 875 P.2d 1026 (Mont. 1994).
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J.M. v. Montana High Sch. Ass'n, 875 P.2d 1026 (Mont. 1994). · cites it 2× “§ 1401 (a)(20), 34 C.F.R. § 300.130 (a), W.G. v. Board of Trustees of Target Range School D.”
Dallas Indep. Sch. Dist. v. Woody ex rel. K.W., 178 F. Supp. 3d 443 (N.D. Tex. 2016). · cites it 4× “Paréntally Placed Student in Private School When a child with a disability is enrolled by his or her parents “directly in a private school or facility” and is referred to a local school district, the local district “shall convene an [ARDC] meeting to determine whether the…”
Dist. of Columbia v. Wolfire, 10 F. Supp. 3d 89 (D.D.C. 2014). “§ 1412 (a)(10) and 34 C.F.R. §§ 300.130 -3Ó0.144. “No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.”
Timms ex rel. Timms v. Metro. Sch. Dist. of Wabash Cnty., 722 F.2d 1310 (7th Cir. 1983). “§§ 1401 (19), 1412(4), 1414(a)(5) (1976); 34 C.F.R. §§ 300.130 , 300.340-.349 (1982), and implemented by the state of Indiana, Ind.”
Cardenas v. Fire & Police Comm'n of Milwaukee, 167 F. Supp. 2d 1055 (E.D. Wis. 2001). “C §§ 1400-1485, and related regulations, 34 C.F.R. § 300.130 , that local school districts are required to produce for each student with a disability within the district.”
N. F. v. Antioch Unified Sch. Dist. (9th Cir. 2022). · cites it 2× “’s argument that the term “parentally- placed private school children with disabilities” in 34 C.F.R. § 300.130 includes children unilaterally placed by their parents in public charter schools.”
United States v. Kemper Cnty. Bd. of Educ. (S.D. Miss. 2022). “34 CFR 300.130- 148; Miss. Code Ann. §§ 37-23-63 et.”
Hempfield Sch. Dist. v. S.C. (E.D. Pa. 2024). “(quoting 34 C.F.R. § 300.130 )). 371 Id. 372 ECF No.”
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