(a) General. Each LEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, in accordance with paragraphs (b) through (e) of this section, and §§ 300.111 and 300.201.
(b) Child find design. The child find process must be designed to ensure—
(1) The equitable participation of parentally-placed private school children; and
(2) An accurate count of those children.
(c) Activities. In carrying out the requirements of this section, the LEA, or, if applicable, the SEA, must undertake activities similar to the activities undertaken for the agency's public school children.
(d) Cost. The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if an LEA has met its obligation under § 300.133.
(e) Completion period. The child find process must be completed in a time period comparable to that for students attending public schools in the LEA consistent with § 300.301.
(f) Out-of-State children. Each LEA in which private, including religious, elementary schools and secondary schools are located must, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a State other than the State in which the private schools that they attend are located.
(Approved by the Office of Management and Budget under control number 1820-0030)
(Authority: 20 U.S.C. 1412(a)(10)(A)(ii))
Notes of Decisions
Dallas Indep. Sch. Dist. v. Woody Ex Rel. K.W., 865 F.3d 303 (5th Cir. 2017).
“” See 34 C.F.R. § 300.131 (a), (e). *320 The district court held that a student must be referred for an evaluation within a “reasonable time” after the District has reason to suspect a qualifying disability.”
Doe Ex Rel. Doe v. East Lyme Bd. of Educ., 790 F.3d 440 (2d Cir. 2015).
“” See 34 C.F.R. § 300.131 (a) *451 (“Each [local educational agency] must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private .”
J.B. v. Kyrene Elementary Sch. Dist. No. 28, 112 F.4th 1156 (9th Cir. 2024).
· cites it 2× “” 34 C.F.R. § 300.131 . If a student enrolled in a private school “needs special education and related services, the LEA [district] where the child resides is responsible for making FAPE available to the child.”
Richardson Ex Rel. W.R. v. Dist. of Columbia, 541 F. Supp. 2d 346 (D.D.C. 2008).
“Plaintiff's Opposition also states that “defendant’s argument that the parent placed her child in a private school is irrelevant because regardless of that fact, defendant was responsible under law to provide the student with a FAPE,” PL’s Opp'n at 14 (citing 34 C.F.R. 300.131).…”
M.A. v. Torrington Bd. of Educ., 980 F. Supp. 2d 245 (D. Conn. 2013).
“34 C.F.R. § 300.131 (a), (f). . The Hearing Officer noted in her decision that on August 31, 2009, after Judge Kravitz remanded the # 07-467 case, she "ruled that case 07-467 (now case # 09-0552) was to be reviewed as a matter of unilateral placement, not child find.”
Bellflower Unified Sch. Dist. v. Fernando Lua (9th Cir. 2020).
“Although a child’s unilateral placement in a private school outside the district might trigger obligations for the “district of location,” including “child find” responsibilities under 34 C.F.R. § 300.131 (a), these obligations do not absolve the district of residence of its…”
N. F. v. Antioch Unified Sch. Dist. (9th Cir. 2022).
“So, too, for 34 C.F.R. § 300.131 , which requires an LEA to “locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private .”
B. v. Houston Indep Sch Dist (5th Cir. 2022).
“See 34 C.F.R. § 300.131 (a) (“Each [school district] must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private .”
Doe v. Canton Bd. of Educ. (D. Conn. 2024).
“” Letter to Eig, 52 IDELR 136 (OSEP 2009) (citing to 34 C.F.R. § 300.131 (a)) (emphasis added).”
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